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HomeMy WebLinkAboutAgenda Packet City Council - 02/09/2021City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, February 9, 2021 Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary’s office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su inglés es limitado, habrá un intérprete inglés-español en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A.Mayor Paulette M. Guajardo to call the meeting to order. B.Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Freddie Martinez, King High School Student. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. Page 1 City of Corpus Christi Printed on 2/8/2021 February 9, 2021City Council Meeting Agenda - Final-revised 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.FIRST QUARTER BUDGET AND FINANCE REPORT b.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS G.MINUTES: 1.21-0176 Regular Meeting of January 26, 2021 H.BOARD & COMMITTEE APPOINTMENTS: 2.21-0117 Civil Service Board (2 vacancies) Civil Service Commission (2 vacancies) Corpus Christi Regional Economic Development Corporation (1 vacancy) Landmark Commission - (7 vacancies) North Padre Island Development Corporation (6 vacancies) Port of Corpus Christi Authority of Nueces County, TX. (1 vacancy) Reinvestment Zone No. 2 (Island) Board (3 vacancies) Reinvestment Zone No. 4 (North Beach) Board (10 vacancies) I.EXPLANATION OF COUNCIL ACTION: Page 2 City of Corpus Christi Printed on 2/8/2021 February 9, 2021City Council Meeting Agenda - Final-revised J.CONSENT AGENDA: 3 - 29 3.21-0163 One Reading Ordinance accepting and appropriating $853,268.65 from the Texas Department of Housing and Community Affairs ("TDHCA") Coronavirus Aid, Relief and Economic Security Act ("CARES" Act) for Community Development Block Grant - Coronavirus ("CDBG-CV") funding for a Texas Emergency Rental Assistance Program and a Texas Eviction Diversion Program. Sponsors:Grant Monitoring Consent - Second Reading Ordinances 4.20-1216 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 5.20-1223 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 6.21-0061 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 7.21-0107 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 8.21-0101 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 Page 3 City of Corpus Christi Printed on 2/8/2021 February 9, 2021City Council Meeting Agenda - Final-revised 9.21-0012 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 10.20-1337 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 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 11.21-0008 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 12.21-0066 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 13.21-0127 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 14.20-1415 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) Sponsors:Engineering Services Page 4 City of Corpus Christi Printed on 2/8/2021 February 9, 2021City Council Meeting Agenda - Final-revised Consent - Contracts and Procurement 15.21-0013 Motion authorizing an amendment to a Service Agreement with Zoll Medical Corporation of Chelmsford, Massachusetts for a total amount not to exceed $12,250.38, increasing the service agreement value to $56,904.38 for cardiac monitor and defibrillator services for the Fire Department, with FY 2021 funding in an amount of $4,100.00 available in the General Fund. Sponsors:Fire Department and Contracts and Procurement 16.21-0143 Motion authorizing a one-year service agreement with T-Mobile USA, Inc., in an amount of $417,278.81 for cellular data services, plus one month of cellular service for transitioning purposes, effective upon issuance of a notice to proceed, with FY 2021 funding available in various funds. Sponsors:Information Technology Services and Contracts and Procurement 17.20-1453 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 $393,822.00 for Cisco WebEx Voice Over Internet Protocol (VOIP) and Audio, which provides a collaboration cloud and audio licenses flex plan, effective upon issuance of notice to proceed, with funding in an amount of $131,274.00 available in the FY 2021 Information Technology Fund. Sponsors:Information Technology Services and Contracts and Procurement 18.20-1438 Resolution authorizing a three-year agreement with Pfeiffer & Son, LTD of LaPorte, Texas, in the amount of $149,925.00, for the inspection of the Harbor Bridge Decorative Lighting System, effective upon issuance of a notice to proceed with FY 2021 funding in the amount of $49,975.00 available in the General Fund. Sponsors:Information Technology Services and Contracts and Procurement 19.21-0100 Motion authorizing the purchase of two live bottom trailers from Cooper Equipment Co., of San Antonio, Texas to replace two seven-yard dump trucks for a total amount of $163,366.00, which will be utilized to transport street related materials to worksites for Public Works throughout the City, with FY 2021 funding available through the Equipment Replacement Fund. Sponsors:Public Works/Street Department and Contracts and Procurement 20.21-0105 Motion authorizing the purchase of one replacement motor grader from HOLT Texas, Ltd., dba HOLT CAT, for a total amount of $296,559.19 to be used in the maintenance and repairs of streets by Public Works throughout the City, with FY 2021 funding available through the Equipment Replacement Fund. Sponsors:Public Works/Street Department and Contracts and Procurement 21.20-1406 Motion authorizing an amendment to Supply Agreement No. 2159 - Gas Meters with Wilnat, Inc. to increase contract funds on the two-year supply Page 5 City of Corpus Christi Printed on 2/8/2021 February 9, 2021City Council Meeting Agenda - Final-revised agreement, for a total amount not to exceed $243,507.40 for a revised value in an amount not to exceed $1,217,542.40, for the purchase of Gas Meters, with FY 2021 funding in estimated amount of $243,507.40 available in the Gas Fund. Sponsors:Gas Department and Contracts and Procurement 22.20-1420 Motion authorizing a three-year supply agreement with Rush Truck Centers of Texas, LP dba, Rush Truck Center of Corpus Christi, Texas, in amount not to exceed $1,330,000.00 for the purchase of heavy equipment parts for Asset Management Department, Fleet Division, with FY 2021 funding in the amount of $221,700.00 available through the Fleet Maintenance Service Fund. Sponsors:Asset Management Department and Contracts and Procurement 23.21-0036 Motion authorizing the service agreement with American Abatement, LLC from San Antonio, Texas, for an amount not to exceed $155,995.00 to demolish the closed, decommissioned and unused Booker T. Washington School, effective upon issuance of a notice to proceed, with FY 2021 funding available through the Community Development Block Grant Fund. Sponsors:Asset Management Department and Contracts and Procurement 24.21-0072 Resolution authorizing a two-year service agreement for the purchase of Godwin pumps, motors, rentals, and repair service, with Xylem Dewatering Solutions, Inc., dba Godwin Pumps of America, of Corpus Christi, Texas, in an amount not to exceed $377,250.00, for the Utilities Department, effective upon issuance of notice to proceed, with FY 2021 funding in the amount of $188,625.00 available in the Wastewater and Water Funds. Sponsors:Utilities Department and Contracts and Procurement Consent - Capital Projects 25.20-0317 Motion authorizing a License Agreement with the Port of Corpus Christi Authority to allow the City of Corpus Christi to deposit dredged material at the Rincon B West Dredge Material Placement Area from the breakwater in-between the Marina and McGee Beach, located in Council District 1, in an amount of $278,060.00, with FY 2021 funding available from the Seawall CIP Fund. Sponsors:Engineering Services 26.20-1366 Motion awarding a professional services contract to Hanson Professional Services, Inc., Corpus Christi, Texas, for engineering design, bid, and construction phase services for the reconstruction of 16-inch waterlines that run along Nueces Bay Blvd. and Poth Lane, located in Council District 1, in an amount of $428,405.00, with FY 2021 funding available from the Water Capital Improvement Program Fund. Sponsors:Engineering Services, Utilities Department and Contracts and Procurement Page 6 City of Corpus Christi Printed on 2/8/2021 February 9, 2021City Council Meeting Agenda - Final-revised 27.20-1402 Motion authorizing the execution of Change Order Number 3 with Bay, LTD, Corpus Christi, Texas for the installation of a 30-inch valve on the existing 30-inch transmission main located on Holly Road between Airline and Rodd Field Road, located in Council District 4, in an amount of $168,804.13 for a total not to exceed amount of $8,697,683.26, with FY 2021 funding available from Water Capital Reserve Fund. Sponsors:Engineering Services and Utilities Department 28.21-0154 Motion authorizing the approval of Change Order Number 3 with Haas-Anderson Construction, Corpus Christi, Texas, for additional drill shaft length necessary for the completion of the Park Road 22 Bridge project, located in Council District 4, in an amount of $209,860.00 for a total not to exceed amount of $14,718,596.00, with FY 2021 funding available from the Street Bond 2008 Fund. Sponsors:Engineering Services and Public Works/Street Department General Consent Items 29.21-0120 Resolution authorizing submission of grant application for $233,030.00 to the State of Texas under the FY 2022 Paul Coverdell Forensic Sciences Improvement Grant. Sponsors:Police Department K.RECESS FOR LUNCH L.PUBLIC HEARINGS: (ITEMS 30 - 34) 30.21-0062 Zoning Case No. 1020-01, Tex-Isle, LLC.: (District1). Ordinance rezoning property at or near 1401 North Alameda Street from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District. Planning Commission and Staff recommend Denial.(3/4 vote required due to Planning Commission's recommendation of denial) Sponsors:Development Services 31.21-0103 Zoning Case No. 1220-01 Alty Enterprises, Inc.: (District 5). Ordinance rezoning property at or near 7005 Saratoga Boulevard (State Highway 357) from the “CG-2” General Commercial District and the “IL” Light Industrial District to the “ON” Neighborhood Office District. (Planning Commission and Staff recommend Approval) Sponsors:Development Services 32.21-0104 Zoning Case No. 1220-04 Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust: (District 4) Ordinance rezoning property at or near 7349 and 7325 State Highway 361 from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. (Planning Commission and Staff recommend approval) (3/4 vote will be required due to opposition by surrounding property owners) Page 7 City of Corpus Christi Printed on 2/8/2021 February 9, 2021City Council Meeting Agenda - Final-revised Sponsors:Development Services 33.21-0021 Ordinance amending the Unified Development Code amending defined terms, administrative exemptions, design standards, fees, appeals, stays of demolition, zero lot line development, residential development standards, place of worship use, mixed-use overlay district, streetscape zone standards, neighborhood mixed-use development standards, trust fund policy, nonconforming structures, driveway spacing, visibility and mid-block obstructions, development incentives , combine uses, reducing setbacks, increasing allowable accessory dwelling units, signs in commercial districts and adding and removing language to ensure consistency with adopted local, State and Federal codes; and providing for penalty. Sponsors:Development Services 34.21-0137 Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deleting a portion of Wildcat Drive from County Road 52 North to an un-named East to West Collector Roadway; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Sponsors:Planning & Environmental Services M.INDIVIDUAL CONSIDERATION ITEMS: (ITEM 35) 35.20-1185 Resolution authorizing a professional services contract with Pape-Dawson Engineers, Inc of San Antonio, Texas in the amount of $2,289,700 for providing civil engineering services to conduct an impact fee study and master plan studies pertaining to water, wastewater, drainage and roadways. Sponsors:Development Services and Contracts and Procurement N.FIRST READING ORDINANCES: (ITEMS 36 - 37) 36.20-1151 Ordinance authorizing the acceptance of a grant from the Texas General Land Office - Community Development Block Grant Disaster Recovery to conduct a voluntary residential home buyout program for five to ten homes located in flood-prone areas throughout the City of Corpus Christi in an amount of $1,319,559.00; and appropriating $1,319,559.00 to the Community Development Block Grant Program Fund. Sponsors:Grant Monitoring 37.21-0016 Ordinance recommending a three-month service agreement with DARPRO Commercial Construction, LLC, Corpus Christi, Texas, for an amount not to exceed $62,500.00 for renovation of Fleet Division restroom, effective upon notice to proceed, with FY 2021 funding available through the Fleet Maintenance Service Fund. Page 8 City of Corpus Christi Printed on 2/8/2021 February 9, 2021City Council Meeting Agenda - Final-revised Sponsors:Asset Management Department and Contracts and Procurement O.BRIEFINGS: (ITEMS 38 - 39) 38.21-0150 Briefing to City Council on Low-income Housing Tax Credits. Sponsors:Human Resources 39.21-0220 Briefing on the Public Engagement Plan for the Parks and Recreation 10-Year Master Plan and Bill Witt Park Master Plan. Sponsors:Parks and Recreation Department P LEGISLATIVE UPDATE: Q.EXECUTIVE SESSION: (ITEM 40) 40.21-0119 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 potential disannexation, industrial district agreements, and/or development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities in Nueces County and/or San Patricio County, agreements to be executed pursuant to Chapter 212 of the Texas Local Government Code with entities in the aforementioned counties, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid 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) R.IDENTIFY COUNCIL FUTURE AGENDA ITEMS S.ADJOURNMENT Page 9 City of Corpus Christi Printed on 2/8/2021 Duties Composition Member size Term Length Term Limit 3 3 years 6 years Name District Term Appt. date End date Appointing Authority Position Status Category Robert W Judkins District 5 Partial 7/11/2017 6/15/2019 City Council Resigned Guy Nickleson District 5 2 7/15/2014 6/15/2020 City Council Chair Met the six-year service limitation Vacant 1 N/A 6/15/2016 City Council Vacant Alternate Vacant 1 N/A 6/15/2016 City Council Vacant Alternate Gerald Avila District 5 1 6/12/2018 6/15/2021 City Council Active The Civil Service Board adopts, amends, and enforces a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction in force of employees in the classified service and in what order they shall be dismissed and reinstated. Three (3) members and two (2) alternate members shall be appointed by the Council for three-year terms or until a successor is named. The members choose their own chairman and appoint a chief examiner, not a member of the Board, who shall also act as secretary. Members must (1) be of good moral character, (2) be a U. S. Citizen, (3) be a resident of the City and have lived in the City for three years preceding appointment, (4) be over 25 years of age, and (5) not have held a public office within the preceding three years, with the exception of notary public. Four (4) vacancies with terms to 6-15-2022 and 6-15-2023, representing the following categories: 2 - Regular members and 2 - Alternates. (The City Manager appoints to the Civil Service Commission with Council confirmation. The City Council appoints to the Civil Service Board. Traditionally, the same members serve on the Civil Service Board and Commission. Staff is recommending the postponement of the two Alternates for further review). CIVIL SERVICE BOARD 2-9-2021 Name District Status Karon K Connelly District 4 Applied Taylor (Andie) Jung District 4 Applied John R Luis District 5 Applied Beth M Rauhaus District 2 Applied Deborah A Sibila District 4 Applied Denise S Villagran District 4 Applied CIVIL SERVICE BOARD Applicants Duties Composition Member size Term Length Term Limit 3 3 years 6 years Name District Term Appt. date End date Appointing Authority Position Status Guy Nickleson District 5 2 7/15/2014 6/15/2020 City Manager with Council Confirmation Chair Met the six-year service limitation Vacant 1 7/11/2017 6/15/2019 City Manager with Council Confirmation Vacant Gerald Avila District 5 1 6/12/2018 6/15/2021 City Manager with Council Confirmation Active Three (3) members shall be appointed by the City Manager of the City and confirmed by a majority of the City Council. Members must (1) be of good moral character, (2) be a U. S. Citizen, (3) be a resident of the City and have lived in the City for three years preceding appointment, (4) be over 25 years of age, and (5) not have held a public office within the preceding three years. FOR FIREFIGHTERS AND POLICE OFFICERS ONLY - The Civil Service Commission adopts, amends, and enforces a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also, rules regulating promotions, demotions, reduction in force of employees in the classified service and in what order they shall be dismissed and reinstated. With additional duties as outlined under Chapter 143, Texas Local Government Code. Two (2) vacancies with terms to 6-15-2022 and 6-15-2023. (The City Manager appoints to the Civil Service Commission with Council confirmation. The City Council appoints to the Civil Service Board. Traditionally the same members serve on the Civil Service Board and Commission. City Manager Peter Zanoni is recommending the appointments of Deborah Sibila and Beth Rauhaus). CIVIL SERVICE COMMISSION 2-9-2021 Name District Status Karon K Connelly District 4 Applied Taylor (Andie) Jung District 4 Applied John R Luis District 5 Applied Beth M Rauhaus District 2 Applied Deborah A Sibila District 4 Applied Denise S Villagran District 4 Applied CIVIL SERVICE COMMISSION Applicants Duties Composition Member size Term length Term limit 18 3 Years 6 Years Name District Term Appt. date End date Appointing Authority Position Status Category Gabriele Hilpold District 4 2 1/27/2015 12/31/2020 City Council Met the six-year service limitation City Toby Hammett Futrell District 4 2 8/25/2015 12/31/2021 City Council Active City William Goldston District 4 1 3/20/2018 12/31/2021 City Council Active City Chad Magill District 2 2 1/10/2017 12/31/2022 City Council Active City Greg Smith District 4 1 N/A N/A Mayor Council Member Term of Office, Voting Active City Paulette Guajardo 1 N/A N/A Mayor Ex-Officio, Voting Active City Peter Zanoni 1 N/A N/A City Manager Ex-Officio, Non-voting Active City Eighteen (18) Directors, of which six (6) are designated by the City of Corpus Christi to represent the public sector; one of which shall be the Mayor of the City of Corpus Christi and another a Council member appointed by the Mayor. The remainder of the Board shall be comprised of not more than eight (8) Directors to represent the private sector elected by the Corporation's membership in accordance with its bylaws. Representing the public sector, two (2) shall be appointed by the Port of Corpus Christi Authority, and up to two (2) designated by any other governmental entities that each contribute at least $50,000 annually to the Corporation. The Board may also consist of such additional, non-voting, ex-officio Directors as determined by resolution. The directors shall serve not more than two, consecutive, three-year terms as provided in the Corporation's bylaws; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. The Corpus Christi Regional Economic Development Corporation performs as an advisory board to the City Council and investigates and recommends to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. One (1) vacancy with term to 12-31-23, representing the following category: 1 - City. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION 2-9-2021 Name District Status Christopher O Ardueser District 5 Applied Carl E Crull District 5 Applied Robert J Gonzalez Sr.District 5 Applied Ryan A Martinez District 2 Applied Dan J Robbins District 2 Applied Melanie Salinas District 4 Applied CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Applicants Duties Composition Member size Term Length Term limit 11 3 years 6 years Name District Term Appt. date End date Appointing Authority Position Status Category Attendance Kathleen De La Garza District 2 1 7/17/2018 11/20/2020 City Council Seeking reappointment At-Large 7/9 meetings 77% (1excused absence) Dr. Bryan E. Stone District 5 1 7/17/2018 11/20/2020 City Council Not seeking reappointment At-Large Jillian Becquet District 5 2 3/24/2015 11/20/2020 City Council Chair Met the six-year service limitation Historian Bert Rucker Jr.District 4 2 9/9/2014 11/20/2020 City Council Met the six-year service limitation At-Large Craig Thompson District 2 2 9/9/2014 11/20/2020 City Council Met the six-year service limitation Engineer Myron Grossman District 4 1 12/10/2019 11/20/2021 City Council Forfeited his position upon filing as City Council Candidate Real Estate Monica Rawlings District 5 1 2/12/2019 11/20/2021 City Council Resigned Title Search Eleven (11) members are appointed by City Council by majority vote, In so far as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the city according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. No one occupation or professional interest shall constitute a majority membership of the commission. Membership in one or more of the following categories is preferred but not required: historians, licensed real estate salespersons, architect, structural or civil engineer, title search business, property surveyor and members at-large. No one profession will constitute a majority of the membership. Seven (7) vacancies with terms to 11-20-21 and 11-20-23, representing the following preferred, but not required categories: 1 - Historian, 3 At-Large, 1 - Engineer, 1 - Real Estate and 1 - Title Search. (Staff is recommending the postponement of Engineer and Title Search positions for further recruitment). LANDMARK COMMISSION The Landmark Commission promotes the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. 2-9-2021 Name District Term Appt. date End date Appointing Authority Position Status Category Attendance Randy J. Dees Sr.District 2 2 4/19/2016 11/20/2021 City Council Active At-Large Dr. Christine Reiser Robbins District 4 2 5/10/2016 11/20/2021 City Council Active Historian Madeleine T Fontenot District 2 1 12/10/2019 11/20/2022 City Council Active At-Large Dr. Ira J Freeman AIA District 4 2 11/21/2019 11/20/2022 City Council Active Architect 2-9-2021 Name District Status Category Jen C. Brown District 1 Applied Historian At-Large Kathleen De La Garza District 2 Seeking reappointment At-Large Armando Mendez District 4 Applied At-Large Roslyn Michele Wanzer District 2 Applied Real Estate At-Large Veronica D. Wilson District 5 Applied At-Large LANDMARK COMMISSION Applicants Duties: Composition Member size Term length Term Limit 9 2 N/A Name Term Appt. date End date Appointing Authority Position Status Roland Barrera 1 1/15/2019 12/31/2020 City Council Eligible for reappointment Paulette Guajardo 2 12/20/2016 12/31/2020 City Council Eligible for reappointment Gil Hernandez 1 1/15/2019 12/31/2020 City Council Eligible for reappointment Joe McComb 2 12/20/2016 12/31/2020 City Council Vice-President Term completed Everett Roy 2 1/1/2020 12/31/2021 City Council Term completed Rudy Garza 4 1/1/2020 12/31/2021 City Council Resigned Michael T. Hunter 1 1/1/2020 12/31/2021 City Council Active Ben Molina 2 1/1/2020 12/31/2021 City Council Active Greg Smith 2 1/1/2020 12/31/2021 City Council President Active NORTH PADRE ISLAND DEVELOPMENT CORPORATION Six (6) vacancies with terms to 12-31-2021 and 12-31-2022. (Historically, Council Members have been appointed to this board.) The North Padre Island Development Corporation manages the Reinvestment Zone No. 2 (Island) Board and implements the project and financing plan. Not less than five (5) nor more than nine (9) directors, appointed by the City Council. Each initial Director shall serve a term that expires on December 31, 2002; thereafter, terms are two-years. Each director must be a resident and qualified elector of the city. Each Director shall serve until a successor is appointed. Any director may be removed from office at any time, with or without cause, by the City Council. 2-9-2021 Duties Composition Member size Term Length Term limit 7 3 Years 12 Years Name District Term Appt. date End date Appointing Authority Position Status Category Attendance Al Jones District 4 Partial 2/11/2020 12/31/2020 City Council Seeking reappointment City 9/9 meetings 100% Wes Hoskins District 1 2 1/1/2016 12/31/2021 San Patricio County Active San Patricio Richard R Valls Jr.District 4 2 12/10/2013 12/31/2021 City Council Vice-Chair Active City Catherine Hilliard 1 1/1/2020 12/31/2022 Nueces County Secretary Active County David P. Engel District 4 3 1/1/2020 12/31/2022 City Council Active City R. Bryan Gulley District 4 1 1/1/2021 12/31/2023 Nueces County Active County Charles Zahn 4 1/11/2012 12/31/2023 Nueces County Chair Active County Seven (7) members appointed as follows: three (3) City Council, three (3) Nueces County Commissioner's Court and one (1) San Patricio County for three-year staggered terms. Each person who is appointed or elected shall be a resident of the proposed navigation district and shall be an elector of the county. A person must have been a resident of Nueces County for at least six months to be eligible for appointment to the Port Commission. Commissioners may serve up to four (4) three- year terms. The Port of Corpus Christi Authority of Nueces County, Texas follows the laws prescribed in Article XVI, Section 59 of the Texas Constitution. *One (1) vacancy with term to 12-31-2023, representing the following category: 1- City. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS 2-9-2021 Name District Status Rajan Ahuja District 5 Applied Christopher O Ardueser District 5 Applied Kenneth Berry District 1 Applied Daniel Grimsbo District 4 Applied Mourad Hasbaoui District 3 Applied Al Jones District 4 Seeking reappointment Ray Madrigal De Pancho Villa District 2 Applied Eli McKay District 1 Applied Elizabeth Perez District 4 Applied *Jon Reily District 5 Applied Jay Rivera District 4 Applied Elgin Wade Williams PE District 4 Applied *Currently serves on the Airport Board. Willing to resign if appointed. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Applicants Duties: Composition Member Size Term Length Term limit 14 2 N/A Name Term Appt. date End date Appointing Authority Position Status Category Rudy Garza 4 11/2/2019 11/1/2021 City Council Resigned City Joe McComb 2 11/2/2019 11/1/2021 City Council Term completed City Everett Roy 2 11/2/2019 11/1/2021 City Council Term completed City Roland Barrera 2 11/2/2019 11/1/2021 City Council Active City Paulette Guajardo 2 11/2/2019 11/1/2021 City Council Active City Gil Hernandez 2 11/2/2019 11/1/2021 City Council Active City Michael T. Hunter 2 4/12/2016 11/1/2021 City Council Active City Ben Molina 2 11/2/2019 11/1/2021 City Council Active City Greg Smith 2 11/2/2019 11/1/2021 City Council Chair Active City Brent Chesney 1 2/18/2020 11/1/2021 City Council Active Nueces County Barbara Canales 2 11/2/2018 11/1/2022 Nueces County Active Nueces County Jim Needham 1 1/31/2019 11/1/2022 Flour Bluff I.S.D.Active Flour Bluff I.S.D. Sylvia A Tryon Oliver 1 9/26/2019 11/1/2022 Nueces County Active Nueces County Hospital District The Board shall consist of at least five and not more than fifteen (15) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City each may appoint one (1) member of the board. A taxing unit may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint up to ten (10) members, and the board shall exceed fifteen (15) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City or be at least 18 years of age or older and own real property in the zone. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. The Reinvestment Zone No. 2 (Island) Board shall make recommendations to the City Council concerning the administration of the zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. Three (3) vacancies with terms to 11-1-2021 appointed by the City Council. Appointment of Chairman for a term of one-year beginning January 1, 2021. (Historically, Council Members have been appointed to the board.) REINVESTMENT ZONE NO. 2 (ISLAND) BOARD 2-9-2021 Name Term Appt. date End date Appointing Authority Position Status Category Mary Sherwood 1 9/8/2020 11/1/2022 Del Mar College Active Del Mar College 2-9-2021 Composition Member size Term Length Term limit 15 2 years N/A Name Term Appt. date End date Appointing Authority Position Status Category Attendance Roland Barrera 1 11/12/2019 11/1/2020 City Council Eligible for reappointment City Gil Hernandez 1 11/12/2019 11/1/2020 City Council Eligible for reappointment City Michael T. Hunter 1 11/12/2019 11/1/2020 City Council Eligible for reappointment City Ben Molina 1 11/12/2019 11/1/2020 City Council Eligible for reappointment City Greg Smith 1 11/12/2019 11/1/2020 City Council Eligible for reappointment City Duties The Board shall consist of fifteen (15) members. The Board shall be appointed as follows: Pursuant to Section 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes within the Zone each may appoint one member of the Board if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone. These entities include: Del Mar College and Nueces County. Each governing body may waive its right to appoint a director. The remaining members of the Board are appointed by the City Council. To be eligible for appointment an individual must be 18 years or older of age and be a resident of the county in which the zone is located or own real property in the zone, whether or not the individual resides in the county in which the zone is located. The City Council shall have the right to appoint at least ten (10) members, with one reserved for a representative from Nueces County, and the board may exceed fifteen (15) members if necessary, for the City Council to make said ten (10) appointments. Terms of Board members are two years. Terms must be staggered, with the first term of 8 City Council appointees being for one year. Officers must be appointed as provided in the Act. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. Per staff’s recommendation on 11-12-2019 the following composition was approved for City positions: 9 - City Council members, 1 - 2 - Nueces County Representative(s), 1 - Community member (Must be a resident within the TIRZ), 1 - Texas State Aquarium Appointee, 1 - Lexington Appointee. The Reinvestment Zone No. 4 (North Beach) Board shall make recommendations to the City Council concerning the administration of the Zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone, and submit the plans to the City Council for its approval under Section 311.011, Texas Tax Code. The City Council specifically authorizes the Board to approve agreements that the Board considers necessary or convenient to implement the project plan and reinvestment zone financing plan and achieve their purposes. Any amendments to the project plan and/or reinvestment zone financing plan must be approved by ordinance of City Council. Ten (10) vacancies with terms to 11-1-2021 and 11-1-2022, representing the following categories: 8 City, 1 - Community Member and 1 - Nueces County representative appointed by the City Council. Appointment of Chairman for a term of one-year beginning January 1, 2021. (Historically, Council Members have been appointed to the board.) REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD 2-9-2021 Name Term Appt. date End date Appointing Authority Position Status Category Attendance Joe McComb 1 11/12/2019 11/1/2020 City Council Term completed City Everett Roy 1 11/12/2019 11/1/2021 City Council Chair Term completed City Rudy Garza 1 11/12/2019 11/1/2021 City Council Resigned City Carrie R. Meyer 1 12/10/2019 11/1/2020 City Council Seeking reappointment Community Member 6/6 meetings 100% Barbara Canales 1 11/12/2019 11/1/2020 City Council Vice-Chair Seeking reappointment Nueces County 5/6 meetings 83% Paulette Guajardo 1 11/12/2019 11/1/2021 City Council Active City Carolyn Vaughn 1 11/6/2019 11/1/2021 Nueces County Active Nueces County Steve Banta 1 11/12/2019 11/1/2021 City Council Active Director of USS Lexington Tom Schmid 1 11/12/2019 11/1/2021 City Council Active Director of Texas State Aquarium Carol Scott 1 2/4/2020 11/1/2021 Del Mar College Active Del Mar College 2-9-2021 Name Disctrict Status Category Gordon S. Awsumb District 5 Applied City Kenneth Berry District 1 Applied Community Member Carrie R. Meyer District 1 Seeking reappointment Community Member REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD Applicant AGENDA MEMORANDUM Action Item for City Council Meeting February 9, 2021 DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Rudy Bentancourt, Director of Grant Monitoring Department RudyB@cctexas.com 361-826-3021 CAPTION: A one reading ordinance accepting and appropriating $853,268.65 from the Texas Department of Housing and Community Affairs (“TDHCA”) Coronavirus Aid, Relief and Economic Security Act (“CARES” Act) for Community Development Block Grant-Coronavirus (“CDBG-CV”) funding for a Texas Emergency Rental Assistance Program and a Texas Eviction Diversion Program; Authorizing the City Manager or designee to execute all documents necessary to accept, appropriate and disburse the funds and to execute all agreements, amendments, and all other documents necessary to implement the additional CDBG-CV funding from TDHCA with organizations for approved projects. SUMMARY: This is an ordinance authorizing the City Manager to accept and appropriate a Community Development Block Grant-CARES Act of $853,268.65 from the Texas Department of Housing and Community Affairs. Funding from this grant will be for a Texas Emergency Rental Assistance Program and a Texas Eviction Diversion Program. The ordinance also authorizes the City Manager, or designee, to execute all documents necessary to accept, appropriate, and disburse the funds and to execute all agreements, amendments, and all other documents necessary to implement the CDBG-CV funding from TDHCA. BACKGROUND AND FINDINGS: On March 27, 2020, President Donald Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (CARES Act). The Texas Department of Housing and Community Affairs (TDHCA) has allocated $853,268.65 of this funding for the Texas Emergency Rental Assistance Program, of which a minimum of 10% of the allocation must be used for a Texas Eviction Diversion Program. In November 2020, TDHCA informed the City of Corpus Christi of an allocated amount of $853,268.65 . The contract period to expend these funds expires January 15, 2022. Eligible expenses under the programs include: Emergency Income Payments (rental and arrears), Emergency Rental Assistance (tenant/landlord assistance), and eviction diversion (must be referred by Justices of the Peace after the filing of an eviction). Assistance must not exceed six consecutive months. Once received, these funds will be administered by a non-profit or other third-party that the City will identify and partner with. Staff will present a proposed agreement to Council for consideration once details are finalized. One Reading Ordinance to accept and appropriate Texas Department of Housing and Community Affairs CARES Act Funding for a Texas Emergency Rental Assistance Program and a Texas Eviction Diversion Program. ALTERNATIVES: The alternative is to not accept the funds, which will limit the assistance and resources available for the residents in most need due to COVID-19. FISCAL IMPACT: The City will receive and allocate an additional $853,268.65in federal grant funds. Funding Detail: Fund: 1089 Organization/Activity: N/A Mission Element: 132 Project # (CIP Only): N/A Account: 530000 RECOMMENDATION: Staff recommends the acceptance and appropriation of the additional TDHCA CDBG-CV funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Emergency Ordinance – Additional HUD ESG-CV and CDBG-CV Funding One Reading Ordinance accepting and appropriating $853,268.65 from the Texas Department of Housing and Community Affairs (“TDHCA”) Coronavirus Aid, Relief and Economic Security Act (“CARES” Act) for Community Development Block Grant-Coronavirus (“CDBG-CV”) funding for a Texas Emergency Rental Assistance Program and a Texas Eviction Diversion Program; authorizing the City Manager or designee to execute all documents necessary to accept, appropriate and disburse the funds and to execute all agreements, amendments and all other documents necessary to implement the additional CDBG-CV funding from TDHCA with organizations for approved projects. WHEREAS, pursuant to the Coronavirus Aid, Relief and Economic Security Act (Public Law 116-136) signed into law by President Trump on March 27, 2020 (“CARES” Act) the United States Department of Housing and Urban Development (“HUD”) has allocated additional CDBG-CV funding to TDHCA to distribute to qualifying cities and counties in Texas to provide a Texas Emergency Rental Assistance Program (“TERAP”) and a Texas Eviction Diversion Program (“TEDP”) for qualifying residents of Corpus Christi, Texas; WHEREAS, HUD through TDHCA has allocated $853,268.65 in additional FY2020 CDBG-CV funding to the City of Corpus Christi for the purpose of funding a TERAP and TEDP program in the City for eligible persons who satisfy the criteria established by HUD for these programs; and WHEREAS, the City’s Grant Monitoring Department will be following HUD and TDHCA guidance and updates pertaining to the CDBG -CV grant and the TERAP and TEDP programs as these changes are disseminated; and WHEREAS, the City Council has determined that this ordinance accepting and appropriating additional FY 2020 CDBG-CV funding from TDHCA for a TERAP and TEDP program would best serve the public health, safety, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $853,268.65 in additional HUD CDBG-CV funding through TDHCA for FY2020 is hereby accepted to provide Texas Emergency Rental Assistance and Texas Eviction Diversion Programs to qualifying applicants in the City of Corpus Christi and the funds are hereby appropriated in Fund No. 1089. Section 2. That the City Manager or the City Manager’s designee is authorized:  to execute all documents necessary to accept and appropriate the additional FY2020 CDBG-CV funding from TDHCA upon receipt of funding from TDHCA into the Grant Fund No. 1059, and  to execute funding agreements, contracts, amendments, and all other documents necessary to implement the additional FY2020 CDBG-CV Emergency Ordinance – Additional HUD ESG-CV and CDBG-CV Funding funding to implement the Texas Emergency Rental Assistance Program and the Texas Eviction Diversion Program as described herein. Section 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the _____ day of _____________, 2021. This ordinance takes effect upon City Council approval on this the ____ day of _______________ 2021. ATTEST: _____________________________ _____________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor PASSED and APPROVED on this ____ day of ________________, 2021. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette M. Guajardo Mayor Council Members Emergency Ordinance – Additional HUD ESG-CV and CDBG-CV Funding The above ordinance was passed by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Ben Molina Greg Smith John Martinez Mike Pusley Billy A. Lerma 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. 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 ““RS-15” Single- Family 15 District 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. Rezoning a property at or near 10001 Compton Road 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 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 7 outside notification area Totaling 64.42% of the land within the 200-foot notification area in opposition. The opposition consists of 6 separate opposed owners, with one owning 4 properties. 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: 9 Opposed: 0 Absent: 0 Abstained: 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.C 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. Page 2 of 5 SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 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 Paulette M. Guajardo City Secretary Mayor Page 4 of 5 Exhibit A Page 5 of 5 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 “C1” Minor Collector Street. According to the Urban Transportation Plan, “C1” Minor Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Compton Road “C1” Minor Collector 60’ 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 Staff Report Page 5 Staff Report Page 6 Staff Report Page 7 Staff Report Page 8 Staff Report Page 9 Staff Report Page 10 Staff Report Page 11 Staff Report Page 12 Staff Report Page 13 Staff Report Page 14 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. The subject property 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 Same Kane 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 0.00% 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, on November 11, 2020. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval 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 City Council 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 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) 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 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 2,000500Feet 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 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 12, 2021 Second Reading for the City Council Meeting of February 9, 2021 DATE: November 9, 2020 TO: Peter Zanoni, City Manager THRU: Michael Rodriguez, Chief of Staff michaelrod@cctexas.com (361)826-3851 FROM: Jeffrey Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: 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. (City Charter requires a 28-day delay between 1st & 2nd readings.) SUMMARY: The Lady Lex on the Bay Association operates the Lexington Museum on submerged lands located on Corpus Christi Bay. The Association has requested a renewal of the lease agreement. BACKGROUND AND FINDINGS: The Lady Lex Museum on the Bay Association operates the USS Lexington Museum on submerged lands located in the Corpus Christi Bay that are owned by the City. The first lease was authorized February 18, 1992 for five years and renewed in 1996 and 2001. In 2004, the City Charter was amended to permit up to 15-year terms for this type of lease. In 2006, the lease was renewed for 15 years, January 16, 2006 to January 15, 2021. The Association is requesting the 15-Year Lease Agreement Lady Lex Museum on the Bay Association renewal of the lease agreement which will expire January 15, 2021. The leased land shall be used for the U.S.S. Lexington, for operation as a museum, construction and maintenance of a pier and small accessory buildings, such as ticket booths. Under this lease agreement the Association is required to maintain hours of operation open to the public and admission fees similar to other attractions. The Association is responsible for all maintenance and upkeep of the facilities and leased land. The U.S.S. Lexington is not owned by the City and is under the operation of the Lady Lex on the Bay Association. Per City Charter, the lease agreement renewal will be effective 60 days after final reading of the ordinance. ALTERNATIVES: If the lease is not renewed the museum would not be able to functionally operate. City Charter requires a 28-Day delay between readings for approval of the lease. Second Reading of this item will be February 9, 2021. FISCAL IMPACT: The fiscal impact in FY 2021 is the appropriation of the annual lease payment in an amount of $1.00 to the General Fund. Funding Detail: Fund: 1020 General Fund Organization/Activity: 11020 General Government Mission Element: 888 Revenues Project # (CIP Only): n/a Account: 343400 Property Rentals RECOMMENDATION: City staff recommends passage of the Ordinance approving the 15-year lease agreement with the Association. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Ground Lease agreement 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. (Requires a 28-day delay between 1st & 2nd readings.) 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 a 15 year lease agreement with the Lady Lex Museum on the Bay Association (“Association”) authorizing the use of a portion of the submerged lands patented to the City by the State of Texas and adjoining littoral City property for the berthing of the U.S.S. Lexington at a pier constructed by the Association and operation of a museum. SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease Agreement begins on the 61st day after City Council adoption of this ordinance on second and final reading and will have a term of 15 years. The second and final reading of this ordinance is at least 28 days after the first reading. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publicat ion of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 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 37 181 37 37 77 181 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES LADY LEX MUSEUM ON THE BAY ASSOCIATION LOCATION MAP NOT TO SCALE PROJECT NUMBER: [20XXXX] VICINITY MAP NOT TO SCALE LEXINGTON MUSEUM LEXINGTON MUSEUM N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES AERIAL MAP NOT TO SCALEHARBOR BRIDGELADY LEX MUSEUM ON THE BAY ASSOCIATION CORPUS CHRISTI BAY SHIP C H A N N E L LEXINGTON MUSEUM BR I D G E P O R T A V E . BR E A K W A T E R A V E . Page 1 of 11 LEASE AGREEMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This Lease Agreement is made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation ("City") and the Lady Lex Museum on the Bay Association, a nonprofit corporation ("Association"), on the terms and co nditions hereinafter set forth. 1. LEASE PREMISES. The City, in consideration of the Association's faithful performance of the covenants described herein, leases to the Association the following described land, hereinafter called the "Leased Land": That certain portion of the submerged lands of Corpus Christi Bay patented by the State of Texas to the City of Corpus Christi by Patent No. 86, Volume 21-A, dated January 4, 1924, together with a certain portion of Corpus Christi Beach adjacent thereto, all of which is described, on Exhibit A, which is attached to and incorporated into this lease for all purposes. 2. TERM. The term of this Lease shall commence at 12:01 a.m., January 16, 2021, and shall continue until midnight, January 15, 2036. If Lease renewal negotiations are in progress at the expiration of the Lease, but with a signed renewal not yet in place, this Lease will be considered to remain in effect during the remainder of the renewal process. 3. REPLACEMENT LEASE. This Lease replaces that prior lease dated January 16, 2006, authorized by Ordinance No.026548 of the City Council of the City. 4. RENTAL. The Association agrees to pay to the City, or its designated agent, rentals in the amount of ONE DOLLAR ($1.00) per year, then, in advance, on the first day of the Lease. This consideration is given in addition to the other covenants and obligations of the Association provided under this Lease Agreement. 5. PERMITTED USE. The Leased Land shall be used for the berthing of the USS Lexington, its operation by the Association as a museum, construction and maintenance of a pier and small accessory buildings, such as ticket booths, together with any and all related uses authorized for organizations exempt from Federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. The Association shall endeavor to operate the facility as a first -class naval museum and meet all requirements of the U.S. Navy for maintaining the USS Lexington. The Association shall maintain hours of operation open to the pub lic and admission fees similar to comparable attractions. Page 2 of 11 6. LIMITATION OF LEASEHOLD. The City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted the Association in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to the Association of rights in the Leased Premises that exceed those owned by City. 7. CITY USE. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to the Association for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. 8. COMPLIANCE WITH LAWS. The Association agrees to comply with all laws, ordinances, orders, rules, regulations, and requirements of Federal, State, and local governments, and of all of their departments, applicable to the Leased Land. This Lease is also subject to applicable provisions of the City Charter. 9. WETLANDS. The Leased Land may contain officially designated wetla nds, and the Association agrees that said wetland areas will not be altered, damaged, or constructed upon unless the proper permit has been obtained from the appropriate regulating entities. The Association shall be responsible for obtaining all such neces sary permits and completing any required mitigation. Any such mitigation project shall be considered a necessary and related construction project for the improvements contemplated to be constructed under this Lease Agreement. 10. MAINTENANCE. The Association accepts the Leased Land in its present condition, AS IS and WITH ALL FAULTS. The Association shall throughout the term of this Lease Agreement take good care of the Leased Land, including the mooring, piers, ticket booths, and all other improvements located thereon, keep them free from waste or nuisance of any kind, and shall be responsible for and shall perform , or cause to be performed, maintenance, including custodial maintenance, and repair of the Leased Land and the facilities located thereon. 11. INSURANCE. a. The Association shall secure and maintain at the Association's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit B, which is incorporated in this Lease by reference. The Association shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit B, constitutes grounds for termination of this Lease. b. The Association shall provide, during the term of this Lease, copies of all Page 3 of 11 insurance policies to the Risk Manager upon written request by the City Manager. c. The Risk Manager retains the right to annually review the amount and types of insurance maintained by the Association, to require increased coverage limits, if necessary, in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, the Association must receive 30 days written notice prior to the effective date of the requirement to obtain increased coverage. 12. UTILITIES. The Association shall be responsible for obtaining water, sewer, electricity, and gas service connections for use on the Leased Land , and the Association shall pay all utility connection charges related thereto. During the term of this Lease, the Association shall further pay when due all charges and costs for utilities consumed on the Leased Land. 13. TAXES OR OTHER IMPOSITIONS. a. The Association shall timely pay any and all ad valorem taxes or other impositions, if any, which may be levied, assessed , or otherwise imposed pursuant to its occupancy of the Leased Land and the improvements located thereon during the term of this Lease. b. The Association shall promptly remit to the Comptroller for the State of Texas all sales taxes collected from its activities on the Leased Land. 14. INSPECTION. The City, its employees, and designated agents shall have the right to enter upon the Leased Land at all times for the purposes of inspection, for emergency repairs to utility systems, and to otherwise protect its interests as Landlord hereunder. Nothing herein shall be construed to restrict the City in the exercise of any of its police powers. 15. CITY MANAGER'S RIGHT TO ACCESS PREMISES IN EMERGENCY. a. The Association shall provide the City Manager access to Premises, and a current list of contact names and phone numbers for use by the City Manager in the event of an emergency. b. The City Manager has the right to enter the Premises during the regular hours of normal operation or at any time in an emergency. 16. SIGNS. The Association shall comply with all City codes and regulations when placing any advertising signs on the Leased Land. All such signs shall be kept in a continual state of good repair, and failure to do so may result in removal of s aid signs from the Leased Land. Page 4 of 11 17. NO DEBTS. The Association may not incur any debts or obligations on the credit of the City during the term of this Lease, including during any Holdover Period that may occur. 18. LIENS. The Association shall not permit any mechanic's, materialman's, or other liens to be fixed or placed against the Leased Land and agrees to immediately discharge (either by payment or by filing the necessary bond, or otherwise) any such liens which are allegedly fixed or placed against the Leased Land. The Association reserves the right to contest with due diligence the reasonableness of any such charges or impositions against the Leased Land, and the City agrees not to interfere with such contested proceedings or otherwise to declare a default under this Lease due to such proceedings. 19. HAZARDOUS MATERIALS. With respect to any substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," or 'toxic substances" under any applicable Federal, State, or local laws, ordinances, or regulations (including, without limitation, friable asbestos and asbestos deemed hazardous by Federal or State regulations), such substances collectively referred to hereinafter as "Hazardous Materials" and such laws, ordinances, and regulations together with all rules, orders, and permits pursuant thereto collectively referred to hereinafter as "Hazardous Materials Laws," the Association: a. represents that the Association will not (i) store, bury, install, transport, treat, or dispose of any Hazardous Materials at, to, or from the Leased Land in violation of any applicable Hazardous Materials Laws, or (ii) cause or allow the release, discharge, emission, leak, spill, or dumping of any Hazardous Materials at or from the facilities on the Leased Land, except for those releases allowed under applicable Hazardous Materials Laws; b. covenants to (i) comply with all applicable Hazardous Materials Laws with respect to the manufacture, storage, transmission, presence, discharge , and removal of Hazardous Materials at or from the facilities on the Leased Land, (ii) pay promptly within 30 days of when demand is made the costs of any required removal of any Hazardous Materials from the Leased Land and keep the Leased Land free of any lien imposed pursuant to any Hazardous Materials Laws, (iii) not locate nor allow location of any underground storage tanks on the Leased Land, (iv) not locate any materials containing asbestos of any type or nature on the Leased Land, and (v) notify Landlord promptly in writing of the commencement of any legal or regulatory proceedings relating to Hazardous Materials affecting the Leased Land; c. represents that the Association will not cause or allow the release, discharge, emission, leak, spill, or dumping of any Hazardous Materials or oil in harmful quantities at or from the facilities on the Leased Land into the waters of the United States and State of Texas, except for those releases allowed under Page 5 of 11 applicable laws; and d. agrees to indemnify and to hold harmless the City, its officers, employees, agents, and successors, and assigns from and against any and all claims, demands, causes of action, loss, damage, liabilities, costs, and expenses (including attorney fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by the City at any time, or from time to time, by reason of or arising out of any violation of any Hazardous Materials Laws or the release, discharge, emission, leak, spill, or dumping of any Hazardous Materials or oil in harmful quantities at or from the facilities on the Leased Land into the waters of the United States and State of Texas occurring since the commencement of the Association's occupancy of the Leased Land. The Association's obligations hereunder shall arise upon the discovery of the presence of any Hazardous Materials, whether or not any Federal agency or any State or local environmental agency has taken or threatened any action in connection with the presence of any Hazardous Materials. The foregoing indemnity shall survive the expiration of this Lease. In the event the Association fails, after reasonable notice, to pay any amounts described in this provision, the City may, but shall not be obligated to, cause the Hazardous Materials to be removed from the Leased Land and the cost of such removal shall be payable by the Association; provided, however, that the Association may in good faith contest the reasonableness or necessity of any requirement by any Federal, State, or local environmental agency, and upon the Association's providing reasonable security to assure its performance, the City agrees not to interfere in the Association's proceedings with such agency. 20. INDEMNITY. The Association hereby covenants and agrees to at all times indemnify and save harmless the City, its officers, employees, and agents from and against any cost, liability, damages, or expense arising out of any claim by any person or persons whatsoever by reason of the use or misuse of the Leased Land and shall indemnify and save harmless the City from any penalty, damage, or charge incurred or imposed by reason of any violation of law or ordinance by the Association, and shall indemnify and save harmless the City from any cost liability, damages, or expense arising out of the death of or injury of any person or persons or damage to property arising out of the Association's operations on the Leased Land. The Association specifically agrees to indemnify and save harmless the City, its officers, employees, and agents from and against any cost liability, damages, or expense arising out of any claim due to the death or injury of any em ployee of the Association or through a right of subrogation by an Insurance company. 21. ASSOCIATION FINANCES AND INSPECTIONS. During the term of this Lease, the Association shall furnish to the City a copy of its annual audited financial report within Page 6 of 11 120 days of the end of each fiscal year of the Association . Additionally, the Association’s annual budget, financial reports, and inspection reports are available upon written request by the City Manager. 22. DEFAULT. In the event the Association fails to comply with any covenant or condition of this Lease, after 30 days written notice of same, with an opportunity to cure during such period, the Lease shall be considered to be in default. 23. REMEDIES. In the event of any default in the performance of this Lease by the Association, the Association may submit to the City, within 20 days of such default, a remediation plan showing the manner in which the Association plans to remedy the default, a detailed budget supporting the plan, the parties involved in rem edying such default, and a detailed timeline for the implementation of such plan. Upon any such default, the City shall have the right to: a. Approve the remediation plan submitted by the Association and continue to monitor compliance with the plan. In such case, any default by the Association in the remediation plan shall constitute a new default under this Lease. b. Require that changes be made in the remediation plan submitted by the Association. In such case, if the Association concurs with such changes , the remediation plan shall proceed as provided above. If the Association does not concur in such changes, the City shall have the right to exercise any of the remedies provided below. c. Adopt a remediation plan, in the event one is not submitted by the Association. In such case, if the Association fails to comply with the requirements of such plan, the City shall have the right to exercise any of the remedies provided below. d. Require a change in any or all of the members of the board of directors of th e Association or the management of the Association, including the appointment by the City of a new board of directors to govern the Association in accordance with its articles of incorporation and bylaws. e. Notify the Association of the termination of this Lease and direct the Association to vacate the Leased Land, subject to making any necessary arrangements for the maintenance or relocation of the USS Lexington consistent with the requirements of the United States Navy. In such event, the Association sha ll proceed with due diligence in completing such relocation, and if the Association fails to diligently complete such relocation, the City may exercise its rights in (d) above. 24. NONDISCRIMINATION. The Association shall be responsible for the fair and just treatment of all its employees and patrons. The Association warrants that it is and will Page 7 of 11 continue to be an equal opportunity employer, and it hereby covenants that no employee or customer shall be discriminated against because of race, creed, color, sex, national origin or disability. 25. DRUG POLICY. The Association must adopt a Drug Free Workplace and Drug Testing Policy. 26. VIOLENCE POLICY. The Association must adopt a No Violence in the Workplace Policy. 27. ASSIGNMENT. The Association may not assign this Lease nor sublease the Leased Land, or any part thereof, without the written consent of the City Council, which consent shall not be unreasonably withheld. Such assignment shall not relieve the Association from its obligations hereunder unless such release is expressly granted by the City in approving such assignment. 28. FORCE MAJEURE. If by reason of force majeure either party hereto shall be rendered wholly or in part unable to carry out its obligations under this Lease , then except as otherwise expressly provided in this Lease, if such party shall give notice and the full particulars of such force majeure in writing to the other party, within a reasonable time after the occurrence of such event or cause, the obligations of said party giving such notice, so far as they are affected by such force majeure, shall be suspended, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" shall mean acts of God, strikes, industrial disturbances, acts of public enemy, orders of any kind of the government of the United States or the State of Texas, riots, epidemics, hurricanes, fires, floods, civil disturbances, explosions, or other accidents or causes not reasonably within the control of the party claiming such inability. 29. MODIFICATIONS. No changes or modifications to this Lease shall be made, nor any provisions waived, unless in writing, signed by a person authorized to sign agreements on behalf of each party. 30. LEASE RELATIONSHIP. It is specifically agreed and understood by the parties hereto that a landlord-tenant relationship is created under the terms of this Lease. This Lease must be construed conclusively in favor of that relationship. In perf orming under this Lease, both the City and the Association will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of partnership or of joint venture between the parties. 31. CITY AUTHORITY. Except as specifically provided herein, the Association shall not have any authority to bind the City to any contract, indebtedness, or obligation in any Page 8 of 11 manner without the express written consent of the City. The City reserves the sole and exclusive right to exercise its police powers and other governmental authority concerning any matters related to this Lease. 32. NOTICES. Any notices or other communications relating to this Lease shall be made in writing and may be given by (a) depositing same in the United States mail; postage prepaid, certified mail, with return receipt requested, addressed as set forth in this section, or (b) delivering the same to the party to be notified. Notice given in accordance with (a) hereof shall be effective upon deposit in the United States mail. The notice addresses of the parties hereto shall, until changed in the manner of giving notices as provided herein, be as follows: CITY: City of Corpus Christi Attention: City Manager 1201 Leopard Street, 5th Floor Corpus Christi, Texas 78401 ASSOCIATION: Lady Lex Museum on the Bay Association Attention: Executive Director P.O. Box 23076 Corpus Christi, Texas 78403 Physical address: 2914 N. Shoreline Drive 33. ALTERATIONS. The Association may make alterations to the permanent Improvements located on the land areas comprising the Leased Premises with the consent of the City Manager or the City, or the City Manager’s designee. 34. NOT FOR BENEFIT OF THIRD PARTIES. This Lease is only for the benefit of the City and the Association, and no third party has any rights or claims under this Lease or against the City. 35. PUBLICATION COSTS. The Association shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. 36. INTERPRETATION AND VENUE. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. 37. SURVIVAL OF TERMS. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any Page 9 of 11 termination or expiration of this Lease. 38. CAPTIONS. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. 39. SEVERABILITY. a. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid , or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable will not be affected by the law or judgment, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for this purpose. b. To the extent that any clause or provision is held illegal, invalid , or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable will be added to this Lease automatically. 40. ENTIRETY CLAUSE. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and the Association for the purpose granted. All other agreements, promises, representations , and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to the Association’s operations and the Premises to be used in the operations. 41. BINDING LEASE. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, are binding on the parties and their respective successors and assigns. 42. ACKNOWLEDGEMENT. Each party expressly agrees that it has independently read and understood this Lease. By the Association’s execution of this Lease, the Association acknowledges and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager or designee. Page 10 of 11 LADY LEX MUSEUM ON THE BAY ASSOCIATION _____________________________ Steve Banta Executive Director STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on _________________________, 2021, by Steve Banta, Executive Director, Lady Lex Museum on the Bay Association, a Texas domestic nonprofit corporation, on behalf of the corporation. __________________________ Notary Public, State of Texas Page 11 of 11 CITY OF CORPUS CHRISTI __________________________ Ord ______________ Authorized Jeff H. Edmonds, P.E. by Council on _______________ Director of Engineering Services for City Manager __________________________ City Secretary Approved as to Legal Form ___________________, 2021 __________________________ Assistant City Attorney for City Attorney STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on _________________________, 202 1, by Jeff H. Edmonds, P.E., Director of Engineering Services, City of Corpus Christi, a Texas home rule municipal corporation, on behalf of the corporation. __________________________ Notary Public, State of Texas f,' 11L1 1, ~' lIJ..,_Jao.!Wll_,~)Sll.d.Il_. b ~.~_~,>h~.W&liJ~,e. l~t1!, iIi.., 1 i J 1J""'/" '. '>;/ //' 'y v I'::"~, '....v '., .):/ j'/ 1!!.f~~, ':/ 1/"'; it. '. '" I / "~~.CJ~,"J( ....-.//~. j y~/ I' ,9, / /"/ I' . " " ,) J , ., I ',I_J L "-,,- i A "',,- ,"/ (; '-J Cj'" //"-.. It r' 1/'......,.<>, f o~,." " y...ctJ/" ',<-,101 JOU PR<; s l" -------- 1/Y '.... '. /_~J. .. y~>.'.. If" C / '>.n A b-1;'~~'V /~"' \-x./ \ IJ.'" //. \ 1\ \ 9'- (. ''.. , I' I ( \c: I~~- r""',' "- '-,'._, v I \," 1// Qj) /" ~ ,'. '\'" 1 '" 71' ~::/fl .'..",j ,"--.. :) , \'~; y' c;f .,' """,,_ ~;;, \-, \ .0 t ,s;,~/<''.. .., rJ \.:. I I, \ I,' .'.. \ I ~\ \ 12 ~ 10 : i \ i \~~\\ ~ L _\J oooe;-\:-ii"71'Pl9 S l Jj," 1 ill ~ t;; ~ is L "I ~ ~ "L W ::< WI ". L E 5,::1>- ;: 01 w ~ j l 10 ~~~~ o <L u IIII'1;~~o ~ ~- g: III uuOI p f' EXt-l i BJl "A"t~i l 00009------_j ,[v p," r-----_co J --f I I 0' 0, S', o w, 0 , c- , x w l..~ EXHIBIT B INSURANCE REQUIREMENTS I. LESSEE’S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Lessee must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 LIQUOR LIABILITY When liquor is being sold or served. $1,000,000 Per Occurrence PERSONAL PROPERTY INSURANCE (if applicable) Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this agreement, Lessee 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, Lessee 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 Lessee will be promptly met. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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. Lessee 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. Lessee 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. Lessee 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee'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 Lessee'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 Lessee to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit - Legal Lease Agreement – The Lexington Museum 11/04/2020 Risk Management – Legal Dept. DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief Rrocha@cctexas.com (361) 826-3932 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing an amendment to a Service Agreement with Zoll Medical Corporation of Chelmsford, Massachusetts for a total amount not to exceed $12,250.38, increasing the service agreement value to $56,904.38 for cardiac monitor and defibrillator services for the Fire Department, with FY 2021 funding in an amount of $4,100.00 available in the General Fund. SUMMARY: This motion authorizes an Amendment to an existing agreement with Zoll Medical Corporation to provide Zoll Expertcare Extended Warranty and Preventative Maintenance services for Zoll X Series cardiac monitors and defibrillators for the Corpus Christi Fire Department (CCFD). BACKGROUND AND FINDINGS: CCFD currently owns 16 Zoll monitors X Series cardiac monitors and automated external defibrillators used to monitor and evaluate cardiac rhythms, while treating patients in a prehospital care setting. This equipment has been acquired throughout the years. In November 2019, CCFD purchased and secured a three-year extended warranty and preventative maintenance service plan to ensure all cardiac monitors and defibrillators are functioning properly. This new program offered by Zoll is essentially an amendment to the extended warranty coverage that CCFD already has with them. The new program Amendment No. 1 for Zoll X Series Extended Warranty and Preventative Maintenance Services for the Corpus Christi Fire Department AGENDA MEMORANDUM Action Item for the City Council Meeting February 9, 2021 will be prorated to match the current agreement, which will end November 2022. The amendment is adding a few additional services to our current coverage, to include free battery replacement, batteries run just under $400 each; accidental coverages, currently the cardiac monitors and defibrillators are not covered if dropped and damaged; and, includes larger discounts on accessory items that we currently order for our monitors, four lead cables, 12 lead cables, etc. The availability of this new additional plan coverage was not known to staff at the time of the initial purchase. The additional plan coverage was introduced and offered to CCFD when staff called to add two newly purchased monitors to the current contract. Nothing else about the process for warranty work will change. Zoll will continue to send their technician to perform the preventative maintenance service annually, and will send loaners with return shipping labels to service monitors as needed. Zoll Medical Corporation is the sole source manufacturer, sales, and service repair company to maintain this equipment for the City’s Fire Department. ALTERNATIVES: An alternative would be not to have extended warranty and preventative maintenance services agreement, in an instance of equipment failure, the absence of this amendment would put the public’s safety at risk. FISCAL IMPACT: The fiscal impact for CCFD in FY 2021 for this amendment is $4,100.00. The remaining cost of $8,150.38 will be budgeted through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 35100 City Ambulance Operations Mission Element: 093 Respond to Emergency Calls Project # (CIP Only): N/A Account: 520130 Maintenance and Repairs RECOMMENDATION: Staff recommends approval of this motion authorizing an amendment to Service Agreement No. 77196 for the purchase of an extended warranty and preventative maintenance service plan with Zoll Medical Corporation of Chelmsford, Massachusetts as presented. LIST OF SUPPORTING DOCUMENTS: Amendment Service Agreement APPROVED AS TO LEGAL FORM: _______________________________ Assistant City Attorney Date Amendment City of Corpus Christi Contracts and Procurement Date: December 2, 2020 Service Agreement No.: 77196 – Zoll X Series Cardiac Monitors and Defibrillators Preventative Maintenance (Sole Source) Reference: SA 77196 Amendment No. 1 Service Agreement Current Not to Exceed Value: $44,654 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Zoll Medical Corporation, hereinafter referred to as the Contractor, do hereby make and enter into this amendment (the “Amendment”) which, together with the Service Agreement No. 77196 (the “Agreement”) and all other duly executed amendments, constitutes the entire agreement between the City and the Contractor. I. Section 3. Compensation and Payment of the Agreement is amended, effective through the end date as follows: Increases the value of the Agreement by an amount not to exceed $12,250.38 for modifications made to Attachment B, therefore the revised value of this Service Agreement is not to exceed $56,904.38. II. Attachment A: Scope of Work to the Agreement is hereby amended to add Lithium-ion SurePower II battery replacement and accidental damage coverage. III. Attachment B: Schedule of Pricing to the Agreement is hereby amended to incorporate the attached Quotation No. 00030448 to add a worry-free conversion service plan to include battery replacement and accidental damage coverage to the Zoll X Series cardiac monitors. The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. ______________________ __________ Catherine Santos Date Service Contracts Representative Zoll Medical Corporation _______________________ _________ Kim Baker Date Director of Contracts and Procurement City of Corpus Christi, Texas DocuSign Envelope ID: CC63C212-1D0F-4677-9768-FA4BEE2472B0 12/7/2020 EXPERTCARE EXTENDED WARRANTY & PREVENTIVE MAINTENANCE CONTRACT Corpus Christi Fire Department (Customer # 117817) ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0022 Fax Page 1 of 2 P.O. # _____________________ Attn: Andrew Cortez (361) 826-3941 / andrewc@cctexas.com Bill To: Corpus Christi Fire Department PO Box 9277 Corpus Christi, TX 78469 Ship To: Corpus Christi Fire Department 2406 Leopard Street Suite 300 Corpus Christi, TX 78408 From: Catherine Santos Service Contracts 800-242-9150 ext 9760 / csantos@zoll.com QUOTATION: Quote Date: Quote Pricing: 00030448 November 24, 2020 Valid for 60 Days X Series Part No Description Contract Dates Qty Price Adj. Price Ext. Price 8889-89000- WFE Worry-Free Conversion Service Plan - ZOLL X Series Includes: Annual preventive maintenance, discounts of 27% on new cables, 27% discount on additional lithium SurePower Batteries, 27% discount on parameter upgrades, Lithium-ion SurePower II Battery replacement upon failure, and accidental damage coverage (see comments). Shipping and use of a Service Loaner during repairs, no charge shipping. Extended warranty is a continuation of the EMS One Year Product Limited Warranty. Serial Number(s): AR12H001659,AR12I001897 AR12I002137,AR12I002139 AR12I002179,AR13B003330 AR13B003331,AR13B003340 AR13B003349,AR13I005797 AR13I005798,AR15B012067 AR18H033999 qty is calculated in months 12/01/2020 to 10/31/2022 299 $22.50 $22.50 $6,727.50 8889-89900- WFP Worry-Free Pro-Rated Service Plan - ZOLL X Series Includes: Annual preventive maintenance, discounts of 27% on new cables, 27% discount on additional lithium SurePower Batteries, 27% discount on parameter upgrades, Lithium-ion SurePower II Battery replacement upon failure, and accidental damage coverage (see comments). Shipping and use of a Service Loaner during repairs, no charge shipping. Extended warranty is a continuation of the EMS One Year Product Limited Warranty. Serial Number(s): AR13G005031,AR14G009309 QTY = MONTHS 12/01/2020 to 10/31/2021 22 $141.25 $120.06 $2,641.38 8889-89001- WF 1 Year Worry-Free Service Plan - ZOLL X Series Includes: Annual preventive maintenance, discounts of 27% on new cables, 27% discount on additional lithium SurePower Batteries, 27% discount on parameter upgrades, Lithium-ion SurePower II Battery replacement upon failure, and accidental damage coverage (see comments). Shipping and use of a Service Loaner during repairs, no charge shipping. Extended warranty is a continuation of the EMS One Year Product Limited Warranty. Serial Number(s): AR13G005031,AR14G009309 11/01/2021 to 10/31/2022 2 $1,695.00 $1,440.75 $2,881.50 TOTAL: $12,250.38 PM Contact: Amber Lopez - (361) 826-3943 amberl@cctexas.com DocuSign Envelope ID: CC63C212-1D0F-4677-9768-FA4BEE2472B0 EXTENDED WARRANTY & PREVENTIVE MAINTENANCE CONTRACT Corpus Christi Fire Department (Customer # 117817) ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 (978) 421-9655 Main (800)348-9011 (978) 421-0022 Fax Quote No: 00030448 Continued Page 2 of 2 COMMENTS: • Batteries must be maintained per ZOLL’s recommended maintenance program. • Batteries are replaced upon failure, one for one, throughout the term of the ExpertCare Service contract, should the SurePower battery or SurePower Charger display a fault. • Batteries must be evaluated and confirmed of failure through ZOLL Technical Support and/or an on-site field service technician. • Up to three batteries per device will be covered for batteries acquired from ZOLL in last 24 months. • For batteries acquired from ZOLL over 24 months ago, one battery per device will be covered. *ACCIDENTAL DAMAGE COVERAGE Includes one case replacement per year per device. This coverage excludes devices that are deemed beyond repair and/or catastrophic damage. ZOLL shall not be responsible for any equipment defect, the failure of the equipment to perform any specified function, or any other nonconformance of the equipment, caused by or attributable to: (i) any modification of the equipment by the Customer, unless such modification is made with the prior written approval of ZOLL; (ii) the use of the equipment with any associated or complementary equipment, accessory or software not supplied by ZOLL(iii) any misuse or abuse of the equipment; (iv) exposure of the equipment to conditions beyond the environmental, power or operating constraints specified by ZOLL; or (v) installation or wiring of the equipment other than in accordance with ZOLL’s instructions. 1. Applicable tax will be added at the time of invoicing. 2. Payment terms are Net 30. 3. Customer visit to complete the PM work will be scheduled 60-90 days after the agreement is signed. DocuSign Envelope ID: CC63C212-1D0F-4677-9768-FA4BEE2472B0 Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form November 11, 2019 SERVICE AGREEMENT NO. 77196 Zoll X Series Cardiac Monitors and Defibrillators Preventative Maintenance THIS Zoll X Series Cardiac Monitors and Defibrillator Preventative Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Zoll Medical Corporation (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Zoll X Series Cardiac Monitors and Defibrillators Preventative Maintenance in response to Request for Bid/Proposal No. Sole Source 75513 (“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 Zoll X Series Cardiac Monitors and Defibrillators Preventative Maintenance (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $44,654.00, 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 2 of 7 Approved as to Legal Form November 11, 2019 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: Walter Garcia Fire Department 361-826-3946 WalterG@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 3 of 7 Approved as to Legal Form November 11, 2019 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 4 of 7 Approved as to Legal Form November 11, 2019 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. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Walter Garcia Fire Captain 2406 Leopard St., Corpus Christi, TX 78408 Phone: 361-826-3946 Fax: 361-826-4224 IF TO CONTRACTOR: Zoll Medical Corporation Attn: Catherine Santos Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form November 11, 2019 269 Mill Road, Chelmsford, MA 018024 Phone: (978) 421-9655 Fax: (978) 421-0022 E-Mail: csantos@zoll.com 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form November 11, 2019 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute . 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Page 1 of 1 ATTACHMENT A: SCOPE OF WORK 1. Contractor shall provide preventative maintenance services to the Corpus Christi Fire Department (CCFD) for Zoll X Series cardiac monitors. 2. Contractor’s preventative maintenance service will include all labor, materials, tools, and equipment necessary to perform services outlined in this scope of work. 3. Contractor shall perform preventative maintenance services within the contract dates. 4. Contractor shall ensure that all repairs covered under the extended warranty shall be completed at no cost to the City of Corpus Christi. If Contractor determines during the course of performing preventative maintenance, that a repair is required, and the device is not covered under warranty, Contractor will request customer authorization in order to repair the device. 5. Contractor shall perform preventative maintenance work at the CCFD Warehouse located at 1501 Holly Road, Corpus Christi, TX 78417. 6. Contractor shall establish and maintain a complete quality control program that is acceptable to the Contract Administrators to assure that the requirements of the contract are provided as specified. Page 1 of 1 Attachment B – Schedule of Pricing Page 1 of 4 Attachment C: Insurance and Bond Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 Page 2 of 4 ERRORS & OMMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the Page 3 of 4 named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. Page 4 of 4 I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-H Contracts for General Services – Services Performed Onsite – Errors & Omissions 05/23/2019 Risk Management – Legal Dept. Attachment D: Warranty Requirements 1. Three-year extended warranty after Zoll’s factory warranty expires, which includes the below: A. Upon the City’s request, a loaner will be provided free of charge pursuant to Zoll’s Loaner Policy. The loaner will be provided for use while the device is being serviced by Zoll . B. If the City of Corpus Christi purchases new Zoll equipment, unused preventative maintenance plans will be transferred to the new equipment at the end of the factory warranty. DATE: January 25, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a one-year service agreement with T-Mobile USA, Inc., in an amount of $417,278.81 for cellular data services, plus one month of cellular service for transitioning purposes, effective upon issuance of a notice to proceed, with FY 2021 funding available in various funds. SUMMARY: This motion authorizes a one-year agreement with T-Mobile USA, Inc. to provide cellular data services for Public Safety through the DIR Purchasing Cooperative. The agreement will include one month of cellular service for transitioning purposes from current carrier to newly awarded carrier for the City of Corpus Christi. BACKGROUND AND FINDINGS: The cellular data service includes providing connectivity for approximately 300 tablets, 150 hotspots, 375 GPS devices, 350 cradle points used for Public Safety mobile data computer and monitoring and alerting instruments. Currently, T-Mobile USA, Inc. provides data service to City departments. The Information Technology department handles the management of the data services. In October 2020, Contracts and Procurement issued a Request for Proposal for new phone service. The Information Technology department chose to not include the data services in the proposal Cellular Data Services AGENDA MEMORANDUM Action Item for the City Council Meeting February 9, 2021 because moving all services would cause disruption to critical systems including Public Safety. The IT Department reached out to Contracts and Procurement to issue a contract through the Texas Department of Information Resources (DIR) Purchasing Cooperative. Contracts awarded through the DIR Purchasing Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative to obtaining data services from another vendor would disrupt services to departments to include Public Safety. FISCAL IMPACT: This fiscal impact for the various departments in FY 2021 is an amount not to exceed $417,278.81. FUNDING DETAIL: Various accounting sources available upon request. RECOMMENDATION: Staff recommends approval of this motion authorizing a one -year service agreement, plus one month of cellular service for transitioning purposes with T-Mobile USA, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Cellular Data Services DIR-TSO-3416 Item Description Qty Monthly Cost # of Months Extended Price 1 T-Mobile ONE Unlimited Tablet 320 $19.51 12 $74,918.40 2 4G LTE Mobile Internet Data Hotspots 170 $29.05 12 $59,262.00 3 Geotab Fleet Mgmt Vehicle GPS 400 $17.82 12 $85,536.00 4 SIM Devices MBB 50 $29.05 12 $17,430.00 5 Cradlepoint -1st Responders 400 $33.20 12 $159,360.00 6 Unlimited Talk, Text, Data 863 $24.07 1 $20,772.41 $417,278.81 T-Mobile USA Inc. Cincinnati, OH Total Co-operative Purchase Agreement Standard Form Page 1 of 3 CO-OPERATIVE PURCHASE AGREEMENT NO. 3417 Cellular Data Service THIS Cellular Data Service Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and T-Mobile USA, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). 1.Co-operative Agreement. Contractor has agreed to provide Cellular Data Service in accordance with its agreement with DIR-TSO-3416 (the “Co-operative Agreement”), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co-operative Agreement, this Agreement shall govern to the extent allowed by the Co- operative Agreement. 2.Scope. Contractor will provide Cellular Data Service in accordance with the attached Statement 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. 3.Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The 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. 4.Compensation and Payment. This Agreement is for an amount not to exceed $417,278.81, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, 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. Invoices will be mailed to the following address: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 DocuSign Envelope ID: 9EBD906D-B826-4C84-A665-3E17AE92CE1A Co-operative Purchase Agreement Standard Form Page 2 of 3 5. 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: T-Mobile USA, Inc. Attn: Robert Hahn Senior Government Account Manager P.O. Box 742596, Cincinnati, OH 45274 Phone: 956-227-8642 Fax: n/a 6. Entire Agreement. This Agreement, along with the Co-operative Agreement, constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] DocuSign Envelope ID: 9EBD906D-B826-4C84-A665-3E17AE92CE1A Co-operative Purchase Agreement Standard Form Page 3 of 3 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: APPROVED AS TO LEGAL FORM: _________________________________________________ Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Incorporated by Reference Only: Co-operative Agreement: DIR-TSO-3416 DocuSign Envelope ID: 9EBD906D-B826-4C84-A665-3E17AE92CE1A Director Government Sales 1/14/2021 Peter Vargas DIR Contract No. DIR-TSO-3416 Vendor Contract No. ________________ 1 STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES T-MOBILE USA, INC. 1. Introduction A. Parties This Contract for products and related services is entered into between the State of Texas, acting by and through the Department of Information Resources (hereinafter “DIR”) with its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and T-Mobile USA, Inc. (hereinafter “Vendor”), with its principal place of business at 12920 SE 38th Street, Bellevue, Washington 98006. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Comptroller of Public Accounts’ Electronic State Business Daily, Request for Offer (RFO) DIR-TSO-TMP-234, on December 9, 2015, for Hardware, Software and Services for Wireless Voice, Data, Pagers and Mobile Satellite Voice. Upon execution of this Contract, a notice of award for RFO DIR-TSO-TMP-234 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence For purchase transactions under this Contract, the order of precedence shall be as follows: this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor’s Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1, Vendor’s Response to RFO DIR-TSO-TMP-234, including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-234, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions. In the event of a conflict between the documents listed in this paragraph related to purchases, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The term of this Contract shall be two (2) years commencing on the last date of approval by DIR and Vendor. Prior to expiration of the original term, DIR and Vendor may extend the Contract, upon mutual agreement, for up to two (2) optional one-year terms. Additionally, the parties by mutual agreement may extend the term for up to ninety (90) DocuSign Envelope ID: 9EBD906D-B826-4C84-A665-3E17AE92CE1A DIR Contract No. DIR-TSO-3416 Vendor Contract No. ________________ 2 additional calendar days. 3. Product and Service Offerings A. Products Products available under this Contract are limited to Wireless Voice and Data Products required for services offered in B. below as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above. B. Services Services available under this Contract are limited to Wireless Voice and Data Services as specified in Appendix C, Pricing Index . Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section 1.B above. 4. Pricing Pricing to the DIR Customer shall be as set forth in Appendix A, Section 8, Pricing, Purchase Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index, and shall include the DIR Administrative Fee. 5. DIR Administrative Fee A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is two percent (2%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling $100,000 shall be $2,000. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon written notice to Vendor without further requirement for a formal contract amendment. Any change in the administrative fee shall be incorporated in the price to the Customer. 6. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Shannon Kelley, CTPM, CTCM Manager, Contract and Vendor Management Department of Information Resources 300 W. 15th St., Suite 1300 Austin, Texas 78701 Phone: (512) 936-2233 Facsimile: (512) 475-4759 DocuSign Envelope ID: 9EBD906D-B826-4C84-A665-3E17AE92CE1A DIR Contract No. DIR-TSO-3416 Vendor Contract No. ________________ 3 Email: shannon.kelley@dir.texas.gov If sent to the Vendor: T-Mobile USA, Inc. Attn: Vice President, Business and Government Sales 12920 SE 38th Street Bellevue, WA 98006 With a copy to: T-Mobile USA, Inc. Attn: Legal Department 12920 SE 38th Street Bellevue, WA 98006 7. Software License and Service Agreement A. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. It is the Customer’s responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. 8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and Related Services Contracts. No exceptions have been agreed to by DIR and Vendor. {remainder of page intentionally left blank} DocuSign Envelope ID: 9EBD906D-B826-4C84-A665-3E17AE92CE1A ________________________ T- Mobile Legal Dept. Approved by: DIR Contract No. DIR-TSO-3416 Vendor Contract No. ________________ 4 This Contract is executed to be effective as of the date of last signature. T-Mobile USA, Inc. Authorized By: __Signature on File________ Name: _Matt Millen___________________ Title: _VP T-Mobile____________________ Date: ___4/27/2016___________________ The State of Texas, acting by and through the Department of Information Resources Authorized By: _Signature on File__________ Name: _ Wayne Egeler_______________ Title: __CTS Director_ ________ Date: ___5/3/2016_____________ _ __ Office of General Counsel: __Initials on File___ _ DocuSign Envelope ID: 9EBD906D-B826-4C84-A665-3E17AE92CE1A Page 1 of 1 ATTACHMENT A: SCOPE OF WORK Project Name: T-Mobile Cellular Data Service Project Address: 1201 Leopard, Corpus Christi Texas, 78401 T-Mobile will provide the City of Corpus Christi cellular data service. Scope of Work: A. The Contractor shall provide cellular data service for the following: 1. Tablets 2. Hotspots 3. GPS 4. SIM Only 5. Cradlepoints B. All quantities are approximate and will change depending on department needs. C. Internal Point of Contact: Frank De Los Santos, IT Business Operations Manager City of Corpus Christi Information Technology Office 361-826-3047 frankd@cctexas.com D. Contractor Point of Contact: Robert Hahn Senior Government Account Executive – South Texas Market Office: 956-683-6108 - Mobile: 956-227-8642 Email: robert.hahn@t-mobile.com DocuSign Envelope ID: 9EBD906D-B826-4C84-A665-3E17AE92CE1A Remit To Address: 320 $23.50 17% $19.51 12 $74,918.40 170 $35.00 17% $29.05 12 $59,262.00 400 $21.47 17% $17.82 12 $85,536.00 50 $35.00 17% $29.05 12 $17,430.00 400 $40.00 17% $33.20 12 $159,360.00 863 $29.00 17% $24.07 1 $20,772.41 $417,278.81 $417,278.81 $417,278.81 (Cradlepoint) First Responder Unlimited 4G LTE Mobile Internet Customer Name:City of Corpus Christi - IT Dept Name & Title:Robert Hahn - Senior Government Acct Mgr Customer Information Sales Representative Information Financial Contact Name:Frank De Los Santos Phone:956-227-8642 Address:1201 Leopard Street, 4th Floor Email Address:robert.hahn@t-mobile.com City:Corpus Christi T-MOBILE USA INC State:TX T-MOBILE USA INC Zip:78401 Vendor PO Address:PO BOX 742596 Cincinnati, OH 45274-2596 Financial Contact Phone:361-658-7625 Tax ID#91-1983600 Email Address:frankd@cctexas.com Contract Number:DIR TSO 3416 Acct # (if applicable):957314787 Monthly Recurring Rate Plan Charges - DIR-TSO-3416 - Billed Monthly Discounts QUOTE DATE:Promo Discount Offer Expiration Date:Contract Vehicle: MRC 12/18/20 12/31/21 DIR TSO 3416 17% Estimated Total Service Charges** Estimated Total Service Charges For Term ** This proposal is a budgetary estimate of the plans, equipment, and services that have been communicated to the T-Mobile sales team to provide you with the proposed cost of your mobile communication requirements. This 13+ line proposal pricing is for budgetary estimation and may not reflect the actual cost of the plans, equipment, and services at the time of a contracted purchase. Pricing for all items in this proposal are subject to change and may change at any time. A final order with actual pricing included is available upon demand. Subtotal (Tablets) T-Mobile ONE Unlimited Tablet - Unlimited Data (Hotspots) Government Unlimited 4G LTE Mobile Internet Data (SIM Only Devices MBB) Government Unlimited 4G LTE Mobile Internet Data T-Mobile One Voice for Government - Unlimited Talk, Text & Data + 11GB Hotspot (BYOD) **Subtotal for monthly recurring service Qty. Rate Plan MRC MRC Discount Net Price # of Months (Vehicle GPS) Geotab Fleet Management Pro Plus Plan TE 1 of 1 DocuSign Envelope ID: 9EBD906D-B826-4C84-A665-3E17AE92CE1A CITY OF CORPUS CHRISTI, TEXAS SUMMARY OF APPROPRIATIONS AND EXPENDITURES FOR THE 4 MONTHS ENDED January 31, 2021 FUND: 5613 - Liab/EB Run: 01/25/2021 at 12:05 PM Org Description Original Budget Amended Budget Expenditures Encumbrances/ Commitments Unencumbered Balance 14,066.30 340,522.25 11460 Risk Management 1,181,089.18 1,186,250.70 831,662.15 TOTAL ORG 1,181,089.18 340,522.25 1,186,250.70 14,066.30 831,662.15 DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year service agreement with Great South Texas Corp, dba Computer Solutions of San Antonio, Texas, in an amount not to exceed $393,822.00 for Cisco WebEx Voice Over Internet Protocol (VOIP) and Audio, which provides a collaboration cloud and audio licenses flex plan, effective upon issuance of notice to proceed, with funding in an amount of $131,274.00 available in the FY 2021 Information Technology Fund. SUMMARY: This motion authorizes a three-year agreement with Great South Texas Corp, dba Computer Solutions to provide Cisco WebEx VOIP and Audio through DIR Cooperative. This agreement will be managed by the Information Technology Department for the City of Corpus Christi’s staff. BACKGROUND AND FINDINGS: The Covid-19 pandemic introduced the need for City staff to meet virtually, avoiding physical contact and observing social distancing guidelines. In addition to regular meetings, City staff is able to utilize this service for large conferences and virtual court proceedings. The City is currently using a proof of value trial license for Cisco WebEx. With approval of this motion, we will obtain a full license to continue to use the WebEx service. Cisco WebEx VOIP and Audio AGENDA MEMORANDUM Action Item for the City Council Meeting February 9, 2021 This procurement is through the DIR Cooperative. The contracts awarded through this cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Great South Texas Corp, dba Computer Solutions is providing the City with a cost savings benefit of $5,000 for five Cisco Learning Credits within the next three years. Additionally, the list price is $555,800.00 for a savings of $161,978.00 through the DIR Cooperative. ALTERNATIVES: This agreement for Cisco WebEx VOIP and Audio is necessary for the City to continue utilizing Cisco WebEx. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of $131,274.00. The remaining cost will be budgeted through the annual budget process. FUNDING DETAIL: Fund: 5210 Info Tech Organization/Activity: 40420 IT Tech Infrastructure Service Mission Element: 241 Prvd suprt technology infras Project # (CIP Only): none Account: 520105 Computer Software RECOMMENDATION: Staff recommends approval of this motion authorizing a three -year service agreement with Great South Texas Corp, dba Computer Solutions of San Antonio, Texas as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement City of Corpus Christi Contracts and Procurement Buyer: Elizabeth M. Rodriguez ITEM DESCRIPTION QTY UOM PRICE YEAR 1 YEAR 2 YEAR 3 TOTAL 1 Collaboration Flex PlanTOP Level Sku Note: Three Annual Payments (Yearly subscription) Collaboration Support Services - Basic Support, A-SPK-VOIP 1included Voip (Cloud Meetings, Files Soreage, Cloud Device Registration, Messanging, 450 user - A-Flex WebEx Edge Audio, WebEx Cloud Recording Storage 1 ea no charge no charge no charge no charge no charge 2 AU Cloud Meeting Tier 1 - one active host for volume software licensing per user license access. 450 ea $ 291.72 $ 131,274.00 $ 131,274.00 $ 131,274.00 393,822$ 5 Cisco Learning Credits - 3 years ($5,000 credit, no charge) (pre-purchasing training funds unit(pack of 10). 5 pkg $ 1,000.00 no charge no charge no charge no charge 393,822$ PRICE SHEET Cisco WebEx VOIP and Audio DIR-TSO-4167 TOTAL Great South Texas dba Computer Solutions San Antonio, Texas PAGE 1 Co-operative Purchase Agreement Standard Form Page 1 of 3 CO-OPERATIVE PURCHASE AGREEMENT NO. 95676 Cisco WebEx VOIP and Audio Services THIS Cisco WebEx VOIP and Audio Services Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Great South Texas Corp dba Computer Solutions (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). 1. Co-operative Agreement. Contractor has agreed to provide Cisco WebEx VOIP and Audio Services in accordance with its agreement with Texas Department of Information Resources DIR-TSO-4167 (the “Co-operative Agreement”), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co-operative Agreement, this Agreement shall govern to the extent allowed by the Co-operative Agreement. 2. Scope. Contractor will provide Cisco WebEx VOIP and Audio Services in accordance with the attached Statement 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. 3. 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 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. 4.Compensation and Payment. This Agreement is for an amount not to exceed $393,822.00, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, 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. Invoices will be mailed to the following address: City of Corpus Christi Attn: Accounts Payable DocuSign Envelope ID: A6EFBF7F-65E2-42CB-A378-74055E0ED4E4 Co-operative Purchase Agreement Standard Form Page 2 of 3 P.O. Box 9277 Corpus Christi, Texas 78469-9277 5. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Alan Carlos Assistant Director of Information Technoogy 1201 Leopard Street, Corpus Christi, Texas 78401 Phone: (361) 826-3782 E-Mail: alancarlos@cctexas.com IF TO CONTRACTOR: Great South Texas Corp dba Computer Solutions Attn: David Jones Inside Sales Representative 814 Arion Parkway,Suite 101 Phone: (210) 369-0300 Fax: (210) 369-0389 E-Mail: djones@comsoltx.com 6. Entire Agreement. This Agreement, along with the Co-operative Agreement, constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] DocuSign Envelope ID: A6EFBF7F-65E2-42CB-A378-74055E0ED4E4 Co-operative Purchase Agreement Standard Form Page 3 of 3 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: APPROVED AS TO LEGAL FORM: _________________________________________________ Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Incorporated by Reference Only: Co-operative Agreement: No. 95676 DIR-TSO-4167 DocuSign Envelope ID: A6EFBF7F-65E2-42CB-A378-74055E0ED4E4 David Jones Inside Sales Associate 1/26/2021 Page 1 of 1 ATTACHMENT A: SCOPE OF WORK PROJECT NAME: Cisco WebEx Subscription Service PROJECT ADDRESSES: 1201 Leopard Street, Corpus Christi, Texas 78401 Scope of Work: 1.The Contractor shall resell licensing for the Cisco WebEx service which will include: A.Collaboration Flex Plan with included components: a.One Collaboration Support Services - Basic Support SVS-SPK-SUPT-BAS b.One Included VoIP - A-SPK-VOIP c.2,040 Cloud Meetings Entitlement - AFLEX-MEET-ENT d.40,800 File Storage Entitlement - A-FLEX-FILESTG-ENT e.2,040 Cloud Device Registration Entitlement -A-FLEX-DEVREG-ENT f.450 WebEx Edge Audio -A- FLEX-EDGAUD-USER g.1,700 WebEx Cloud Recording Storage Entitlement -A-FLEX-NBR-STG B.A quantity of 450 AU Cloud Meetings with a Tier One License - hosted per active user . C.Five Cisco Learning Credits consisting of ten per package. 2.The Contractor will bill in annual payments for three years. 3.The Contractor will distribute the licenses remotely. DocuSign Envelope ID: A6EFBF7F-65E2-42CB-A378-74055E0ED4E4 Great South Texas Corp dba Computer Solutions 814 Arion Parkway, Suite 101 San Antonio, Texas 78216 United States http://www.comsoltx.com (P) (210) 369-0300 (F) 210-369-0389 Date Jan 04, 2021 05:30 PM CST Expiration Date 02/26/2021 Modified Date Jan 05, 2021 04:20 PM CST Quote (Open) Doc # 1027965 - rev 1 of 1 Description WebEx Active-User x450 - 3yr Annual Payments - VOIP Audio SalesRep Jones, David (P) 210-369-0318 (F) 210-369-0389 Customer Contact Carlos, Alan (P) 361-826-3782 alancarlos@cctexas.com Customer City of Corpus Christi (16975) Carlos, Alan 1201 Leopard Street Corpus Christi, TX 78401 United States (P) 361-826-3740 Bill To City of Corpus Christi Accounts, Payables 1201 Leopard Street Corpus Christi, TX 78401 United States (P) 361-826-4091 (F) 361-826-4551 Ship To City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 United States (P) 361-826-3740 Contract Programs: Cisco DIR-TSO-4167 Expires 07/03/2021 - Cisco Certifications: WBE/SBE/HUB# 1942650013800 Exp: 04/26/2022 Sales Order Type: Drop Ship - Ship to customers location Customer PO:Terms: Net 30 Days Ship Via: FedEx Ground Special Instructions:Carrier Account #: # Image Description Part #List Price Qty Unit Price Total Year 1 1 Collaboration Flex Plan - Top-Level Sku A-FLEX $0.00 1 $0.00 $0.00 Note: 3 Year Subscription - Annual Payments Included Components: SVS-SPK-SUPT-BAS 1 Collaboration Support Services - Basic Support A-SPK-VOIP 1 Included VoIP (1) A-FLEX-MEET-ENT 2040 Cloud Meetings Entitlement A-FLEX-FILESTG-ENT 40800 File Storage Entitlement A-FLEX-DEVREG-ENT 2040 Cloud Device Registration Entitlement A-FLEX-MSG-ENT 2040 Messaging Entitlement A-FLEX-EDGAUD-USER 450 A-FLEX Webex Edge Audio A-FLEX-NBR-STG 1700 Webex Cloud Recording Storage Entitlement 2 AU Cloud Meetings Tier 1 (1) License - 1 active user - hosted A-FLEX-AUCM1 $408.00 450 $291.72 $131,274.00 Note: 3 Year Subscription - Line Reflects Year 1 of 3 Equal / Annual Payments List $34.00 per Month x 12 Months = $408.00 Per Year / User Cisco DIR-TSO-4167 - 28.5% Subscription Discount 3 Cisco Learning Credits pre-purchasing training funds unit (pack of 10) TRN-CLC-000 $1,000.00 5 $0.00 $0.00 Note: $5,000 in Cisco Learning Credits at $0 Cost to City DIR-TSO-4167 - 100% Discount Subtotal $131,274.00 Year 2 Annual Payment ATTACHMENT B: QUOTE AND PRICING SCHEDULE PAGE 1 DocuSign Envelope ID: A6EFBF7F-65E2-42CB-A378-74055E0ED4E4 4 AU Cloud Meetings Tier 1 (1) License - 1 active user - hosted A-FLEX-AUCM1 $408.00 450 $291.72 $131,274.00 Note: 3 Year Subscription - Line Reflects Year 2 of 3 Equal / Annual Payments List $34.00 per Month x 12 Months = $408.00 Per Year / User Cisco DIR-TSO-4167 - 28.5% Subscription Discount Subtotal $131,274.00 Year 3 Annual Payment 5 AU Cloud Meetings Tier 1 (1) License - 1 active user - hosted A-FLEX-AUCM1 $408.00 450 $291.72 $131,274.00 Note: 3 Year Subscription - Line Reflects Year 3 of 3 Equal / Annual Payments List $34.00 per Month x 12 Months = $408.00 Per Year / User Cisco DIR-TSO-4167 - 28.5% Subscription Discount Subtotal $131,274.00 # Image Description Part #List Price Qty Unit Price Total Notes Quote is a 3YR WebEx Meetings subscription. Sub-totals reflect the 3 equal/annual payments for Years 1, 2, and 3. ---------------------------- Cisco DIR-TSO-4167 - Expiration: 07/03/2021 Vendor ID: 1942650013800 (Great South Texas Corp. dba Computer Solutions) HUB / SBE / WBE Co. Certifications | Expire 4/26/2022 Thank you for the opportunity to provide this quote. Subtotal: $393,822.00 Tax (0.000%):$0.00 Shipping:$0.00 Total: $393,822.00 (List Price: $555,800.00) ATTACHMENT B: QUOTE AND PRICING SCHEDULE PAGE 1 DocuSign Envelope ID: A6EFBF7F-65E2-42CB-A378-74055E0ED4E4 DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a three-year agreement with Pfeiffer & Son, LTD of LaPorte, Texas, in the amount of $149,925.00, for the inspection of the Harbor Bridge Deocorative Lighting System, effective upon issuance of a notice to proceed with FY 2021 funding in the amount of $49,975.00 available in the General Fund. SUMMARY: This resolution authorizes a three-year agreement with Pfeiffer & Son, LTD for the inspection of Harbor Bridge Decorative Lighting System. BACKGROUND AND FINDINGS: In 2010, the City of Corpus Christi and the Port (jointly called “Local Governments”) entered into a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (called the “State”) for the installation, maintenance and operations of decorative lighting on the Harbor Bridge. Per the Local Transportation Project Advance Funding Agreement Attachment C: “The Local Governments, at no cost to the State will be responsible for all maintenance and operation of the Harbor Bridge decorative lighting once installed. Maintenance and Operation shall include the maintenance and replacement of drivers, LED modules, Harbor Bridge Decorative Lighting System Inspection AGENDA MEMORANDUM Action Item for the City Council Meeting February 9, 2021 fixtures, conductors, cable, conduit, electrical service, materials, equipment, labor, tools and incidentals to properly provide a functional Decorative Lighting System.” The Advance Funding Agreement Amendment #1 Article 12 provides: “The Local Governments shall be equally responsible, 50% for maintenance of the decorative lighting on the Harbor Bridge, which is an on-state-system location after completion of the work. The Local Governments are responsible for all costs incurred due to maintenance and operation after the completion of the project.” The Harbor Bridge lighting system has not been inspected or repaired since 2017. These inspections must be done annually to identify potential hazards before they become emergencies and to identify faulty lights on the Color Kinetics lighting system . Pfeiffer & Son, LTD is a TXDoT certified contractor that can perform work on the Harbor Bridge and is the original electrical contractor that installed the lighting system in 2010 and has been trained by the system’s manufacturer to work on the Color Kinetics lighting system installed on the Harbor Bridge. ALTERNATIVES: The alternative to not having the three-year agreement is the potential hazards and faulty lights that may cause harm to the citizens of Corpus Christi. FISCAL IMPACT: The fiscal impact for the General Fund in FY 2021 is an amount of $49,975.00, with the remaining cost to be budgeted in future years. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12461 Harbor Bridge Lighting Mission Element: 051 Maintain pavement & associated Project # (CIP Only): n/a Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this resolution authorizing a three -year agreement with Pfeiffer & Son, LTD. LIST OF SUPPORTING DOCUMENTS: Resolution Service Agreement Price Sheet Page 1 of 2 Resolution authorizing a three-year agreement with Pfeiffer & Son, LTD of LaPorte, Texas, in the amount of $149,925.00, for the inspection of the Harbor Bridge Lighting System, effective upon issuance of a notice to proceed with FY 2021 funding in the amount of $49,975.00 available in the General Fund. WHEREAS, this item is for the Harbor Bridge Lighting System Inspection which includes the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, electrical service, materials, equipment, labor, tools and incidentals. WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve or protect the public health and safety of the municipality’s resident. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a three-year service agreement with Pfeiffer & Son, LTD for the Harbor Bridge Lighting System inspection, for a total not to exceed amount of $149,925.00. Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 2021: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor City of Corpus Christi Sr. Buyer: Minerva Alvarado Item Description Quantity UOM Unit Price Total 1 Year 1 - Harbor Bridge Inspection 1 YR $49,975.00 $49,975.00 2 Year 2 - Harbor Bridge Inspection 1 YR $49,975.00 $49,975.00 3 Year 3 - Harbor Bridge Inspection 1 YR $49,975.00 $49,975.00 $149,925.00Total Pfeiffer & Son, LTD La Porte, Texas Price Sheet Pfeiffer & Son, LTD Sole Source Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 SERVICE AGREEMENT NO. 94418 Harbor Bridge Lighting Inspection THIS Harbor Bridge Lighting Inspection Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Pfeiffer & Son, LTD. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Harbor Bridge Lighting Inspection in response to Request for Bid/Proposal No. 94418 (“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 Harbor Bridge Lighting Inspection (“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 $149,925.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Phillip Grant Information Technology 361-826-3845 PhillipG2@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own 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. DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 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: Phillip Grant IT Infrastructure Manager 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3845 Fax: n/a IF TO CONTRACTOR: Pfeiffer & Son, LTD. Attn: Andy Yoder Estimator 116 N. 16th St., La Porte, TX 77572 Phone: 281-471-4222 Fax: 281-471-6856 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, DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 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 DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute . 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 94418 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 12/31/2020 Mgr. of CL PFEIFFER LLC, Gen. Prtnr. of P&S, L Charlie Pfeiffer Attachment A: Scope of Work Under this Agreement, the Contractor shall perform the following services at the request of the City in three separate annual mobilizations. 1. Contractor shall inspect the existing lights and documenting lights not functioning as well as any other damaged mounting brackets or materials needed for repairs. 2. Contractor shall make minor repairs during inspections if any dangerous hazards are found. 3. Contractor shall provide the following: A. One 125’ man lift for five days, includes delivery and pick up B. One 80’ man lift for five days, included delivery and pick up C. Four TXDOT single lane closures, and one TXDOT double line closure D. One 15-ton crane with man basket for one day 4. Contractor shall drive up on a Sunday, receiving the lifts Monday morning, single lane closures on Monday-Friday, returning the lifts on Friday afternoon, and driving back on Friday. 5. Contractor’s work schedule includes four workers starting work at 6:00am to 5:00pm Portal to Portal from Sunday to Friday afternoon approximately 240- man hours plus per diem and lodging. DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 PHONE: (281) 471-4222  FAX: (281) 471-6856 P.O. BOX 1116  116 N. 16TH STREET LA PORTE, TEXAS 77572 Regulated by the Texas Department of Licensing and Regulation PO Box 12157; Austin, TX 78711; (800)803-9202; (512)463-6599 www.license.state.tx.us Adopted Administrative Rules: 73.51(c) Electrical Contractors Responsibilities November 17, 2020 RE: Harbor Bridge Light Inspection for Proposed Repairs on Future Date (Three Mobilizations) We are pleased to offer for your consideration the following quote for the proposed bridge lighting inspections for an estimated three years to assess repairs for later dates. We propose to provide all labor, and equipment needed to complete this work for $149,925.00. Each Mobilization Includes the following: 1) Pfeiffer’s scope includes inspecting the existing lights and documenting lights not functioning as well as any other damaged mounting brackets or materials needed for repairs. i) We will make minor repairs during inspections if any dangerous hazards are found. 2) This quote includes the following. 1. One 125’ man lift for 5 days includes delivery and pick up. 2. One 80’ man lift for 5 days incudes delivery and pick up. 3. 4 TXDOT single lane closures, and one TXDOT double lane closure. 4. One 15 ton crane with man basket for 1 days 3) Scope includes driving up on a Sunday, receiving the lifts Monday morning, single lane closures on Monday- Friday, returning the lifts on Friday afternoon, and driving back to La Porte on Friday. 4) Our work schedule includes 4 workers starting work at 6 Am to 5 Pm. Portal to Portal from Sunday to Friday afternoon approximately 240 man hours plus Per Diem and lodging. To avoid confusion, we offer the following clarifications: 1. Please note scheduling this work may be delayed due to the Coronavirus. 2. Traffic control is included. 3. Two aerial man lift is included. 4. The previous quote is based upon information provided by the customer. If the actual conditions or requirements deviate from the provided information this quote may have to be re-evaluated and re-priced. 5. Insurance coverage is at our standard levels. --This Quote is only valid for 60 days.— If accepted fax or mail. Accepted by:Date: Please print name:P.O. #: If you have any questions or need additional information, please feel free to contact me at (281)471-4222. Sincerely, Andy Yoder Estimator Attachment B: Bid/Pricing Schedule Page 1 of 1 DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 INSURANCE REQUIREMENTS A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Attachment C: Insurance and Bond Requirements Page 1 of 3 DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 U.S. LONGSHORE AND HARBOR WORKERS COMPENSATION ACT USL&H Per Statute 3.In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B.ADDITIONAL REQUIREMENTS 1.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3.Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 3 DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 •Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5.Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. 8.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit IT Dept. – Harbor Bridge Color Kinetics Lighting Maintenance 10/7/2020 Risk Management – Legal Dept. Page 3 of 3 DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 Attachment D: Warranty Requirements Warranty is not required for this service; therefore, Section 8, Warranty, Subsection 8 (A) and 8 (B) are null and void. Page 1 of 1 DocuSign Envelope ID: C562B927-596D-4A9E-B4C9-804F8ED656D9 DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public W orks RichardM5@cctexas.com (361) 826-3419 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the purchase of two live bottom trailers from Cooper Equipment Co., of San Antonio, Texas to replace two seven-yard dump trucks for a total amount of $163,366.00, which will be utilized to transport street related materials to worksites for Public Works throughout the City, with FY 2021 funding available through the Equipment Replacement Fund. SUMMARY: This motion authorizes the purchase of two live bottom trailers to transport asphalt, base, and other roadway materials to worksites from Copper Equipment Co. through the BuyBoard Cooperative. These trailers are insulated throughout the outside panel bed to keep the asphalt temperature from dropping below 275 degree s. These two 26-yard trailers will allow for more efficient and effective transportation of asphalt products, increasing hauling capacity by approximately 62% annually. BACKGROUND AND FINDINGS: Public Works has an operational requirement to maintain two live bottom trailers that are utilized to transport roadway materials to worksites. These trailers are vital to maintaining the paving equipment efficiently. The dump trucks in the current fleet consist of two models and have exceeded their expected service life span of seven years. These units will serve as replacements for two seven-yard dump trucks in the Public Works fleet to continue to improve and enhance operations. With the reconfiguration cost of auction and utilization, these units will pay for Purchase of Two Trailers for Public Works AGENDA MEMORANDUM Action Item for the City Council Meeting of February 9, 2021 themselves in less than two years. The old model units’ hauling capacity has become obsolete in the mill & overlay process, since the driver of these units will be able to transport 26 yards of material in a single trip with each of the new 26-yard trailers. Five live bottom trailers were purchased in September 2020, with the purchase of these two live bottom trailers bringing the City’s total to seven. This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings on the BuyBoard Cooperative is 8% less than the list price of $90,525.00 per unit. Savings include 8% BuyBoard discount of $7,242.00 and additional factory concessions of $7,425.00, for a total savings of $14,667.00 per unit. In view of these savings, this is the best method of purchase for the City for these trailers. ALTERNATIVES: The alternative to purchasing the two trailers is to rent them . However, this will not be cost effective for the long-term, and the equipment may not be readily available when needed. FISCAL IMPACT: The fiscal impact for FY 2021 is a total amount of $163,366.00 for the purchase of two live bottom trailers to be funded through the Equipment Replacement Fund. FUNDING DETAIL: Fund: 5111 Equipment Replacement Fund Organization/Activity: 12431 Street Fund Fleet Mission Element: 201 Manage Fleet Inventories Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of this purchase with Cooper Equipment Co. for two trailers as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of Two Trailers for Public Works Senior Buyer: Cynthia Perez BuyBoard Contract 599-19 Unit Extended Price Price 1 2021 Etnyre Live Bottom Trailers includes a one-time start-up assistance fee 1 EA. $82,558.00 $82,558.00 2 2021 Etynre Live Bottom Trailers 1 EA.$80,808.00 $80,808.00 TOTAL:$163,366.00 Cooper Equipment Company San Antonio, TX ITEM DESCRIPTION QTY.UNIT Council Presentation February 9, 2021 Public Works Department FY 2021 Equipment Replacement & Purchases 1 2 Live Bottom Tractor Trailers (21-0100) •Purchase 2 – 26 Cubic Yard Tractor Trailers •Replacing 4-7 Cubic Yard Dump Trucks •Increase transporting capacity •Attaches directly onto asphalt paver •No high-rise dumping action •Fuel Consumption & Personnel Savings •Asphalt temperature is consistent 3 Live Bottom Trailers (21-0100) DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public W orks RichardM5@cctexas.com (361) 826-3419 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the purchase of one replacement motor grader from HOLT Texas, Ltd., dba HOLT CAT, for a total amount of $296,559.19 to be used in the maintenance and repairs of streets by Public Works throughout the City, with FY 2021 funding available through the Equipment Replacement Fund. SUMMARY: This motion authorizes the purchase of one new Caterpillar Model 120 Joy Motor Grader with all standard equipment to be used by Public Works through the BuyBoard Cooperative. This item is a replacement to the fleet and will be used to maintain streets. BACKGROUND AND FINDINGS: Public Works has an operational requirement for one motor grader that will be used to build and maintain streets throughout the City. This unit will be a replacement unit. The motor grader being replaced is over 26 years old with 1,815 service hours. The service life of this motor grader is 10 years. The procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings on the BuyBoard Cooperative is 20% less than list price of $387,856.00 with an additional dealer discount Purchase of One Motor Grader for Public Works AGENDA MEMORANDUM Action Item for the City Council Meeting February 9, 2021 of $26,081.87, for a total savings of $103,653.07. In light of these savings, this is the best method of purchase for the City. ALTERNATIVES: An alternative is to continue using the older motor grader and struggle to meet mission requirements due to the increasing age of the motor grader, and the increased maintenance requirements of City street projects. FISCAL IMPACT: The fiscal impact for FY 2021 is a total amount of $296,559.19 for the purchase of one motor grader to be funded through the Equipment Replacement Fund . FUNDING DETAIL: Fund: 5111 Equipment Replacement Fund Organization/Activity: 12431 Street Fund Fleet Mission Element: 201 Manage Fleet Inventories Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of one motor grader from Holt Cat as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of One Motor Grader for Public Works Senior Buyer: Cynthia Perez BuyBoard Contract 597-19 Unit Extended Price Price 1 2020 Model 120 JOY Motor Grader with all standard equipment 1 EA. $296,559.19 $296,559.19 TOTAL:$296,559.19 HOLT Texas Corpus Christi, TX ITEM DESCRIPTION QTY.UNIT Council Presentation February 9, 2021 Public Works Department FY 2021 Equipment Replacement & Purchases 1 2 Motor Grader (21-0105) •Purchase 1- Motor Grader •Replacing 1- Outdated Reclaimer having met useful life •To be used in pavement restoration program •This provides the ability to increase pavement repairs 3 Motor Grader (21-0105) DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing an amendment to Supply Agreement No. 2159 – Gas Meters with Wilnat, Inc. to increase contract funds on the two-year supply agreement, for a total amount not to exceed $243,507.40 for a revised value in an amount not to exceed $1,217,542.40, for the purchase of Gas Meters, with FY 2021 funding in estimated amount of $243,507.40 available in the Gas Fund. SUMMARY: This motion authorizes Amendment No.1 to the current agreement with Wilnat Inc. to increase the contract value for the purchase of gas meters for Gas Operations. BACKGROUND AND FINDINGS: The initial supply agreement with Wilnat, Inc. was executed in July 2019. Since that time, there has been an increased effort by the Gas Department to replace commercial gas meters. Replacing more meters that originally anticipated has depleted the contract capacity in the supply agreement. However, the purchase of new residential meters is required to install new gas service connections and replace older, obsolete meters that can no longer be refurbished. The City has approximately 61,000 metered gas connections. Each connection requires the installation of a meter to allow for the accurate measurement of gas usage. Amendment to Supply Agreement No. 2159 - Gas Meters AGENDA MEMORANDUM Action Item for the City Council Meeting of February 9, 2021 The meters are currently available, and the vendor is willing to honor the original price and quantity in the supply agreement for the residential meters and add additional commercial meters. This will meet the needs of the Gas Department within its current replacement program and will help bridge the gap between the current supply agreement and a future supply agreement. It is predicted that the price of gas meters will increase in the future, and so securing these meters at a lower cost is advantageous. Additionally, due to COVID restrictions, traditionally long lead times of up to 12 months in the production of gas meters may increase even further. Therefore, the Gas Department would like to take advantage of the current pricing and s hort lead time so that there will be adequate meters in stock until a new supply agreement is secured. ALTERNATIVES: An alternative is to not increase the value of the existing supply agreement which would result in the continued use of obsolete gas meters that are inefficient. Purchasing meters at a later date would also result in an increased cost for the Gas Department and a longer lead time in receiving replacement gas meters. FISCAL IMPACT: The fiscal impact for the Gas Department is an amount not to exceed $243,507.40 from the FY 2021 Gas Fund. FUNDING DETAIL: Fund: 4130 Gas Organization/Activity: 34130 Gas construction Mission Element: 022 Gas distribution system Project # (CIP Only): N/A Account: 520150 Meter/Serv cnnt mat RECOMMENDATION: Staff recommends approval of this motion authorizing Amendment No. 1 to Supply Agreement No. 2159 – Gas Meters as presented. LIST OF SUPPORTING DOCUMENTS: Amendment No.1 Supply Agreement Page 1 of 2 Amendment City of Corpus Christi Contracts and Procurement Date: November 18, 2020 Supply Agreement No.: 2159 – Gas Meters Reference: SA 2159 Amendment No. 1 Supply Agreement Current Not to Exceed Value: $974,035 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Wilnat Inc. dba Koons Gas Measurement, hereinafter referred to as the Contractor, do hereby make and enter into this amendment (the “Amendment”) which, together with the Supply Agreement No. 2159 (the “Agreement”) and all other duly executed amendments, constitutes the entire agreement between the City and the Contractor. I. Section 3. Compensation and Payment of the Agreement is amended, effective through the end date as follows: Increases the value of the Agreement by an amount not to exceed $243,507.40 due to Attachment B modifications, therefore the revised value of this Supply Agreement is not to exceed $1,217,542.40. II. Attachment B: Bid/Pricing Schedule to the Agreement is hereby amended to increase the number of AC-250 and AL-800 meters due to the unanticipated increased need to replace aging and non-operable commercial and residential gas meters as follows: Item Description Unit Qty-2 Years Unit Price Total Price 1 AC - 250 Diaphragm Meter, Make: Elster American Meter EA 13,012 $78.95 $1,027,297.40 2 AL - 425 Diaphragm Meter, Make: Elster American Meter EA 300 $249.95 $74,985.00 3 AL – 800 Diaphragm Meter, Make: Elster American Meter EA 113 $1,020.00 $115,260.00 Total $1,217,542.40 The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. DocuSign Envelope ID: A64304AB-42A0-41B2-903C-CAEB1EF67D88 Page 2 of 2 APPROVED AS TO LEGAL FORM: _______________________________ Assistant City Attorney Date ______________________ __________ Nathan Harris Date Sales Representative Wilnat Inc. dba Koons Gas Measurement _______________________ _________ Kim Baker Date Director of Contracts and Procurement City of Corpus Christi, Texas DocuSign Envelope ID: A64304AB-42A0-41B2-903C-CAEB1EF67D88 11/24/2020 DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2@cctexas.com (361) 826-1941 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year supply agreement with Rush Truck Centers of Texas, LP dba, Rush Truck Center of Corpus Christi, Texas, in amount not to exceed $1,330,000.00 for the purchase of heavy equipment parts for Asset Management Department, Fleet Division, with FY 2021 funding in the amount of $221,700.00 available through the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a three-year supply agreement with Rush Truck Centers of Texas, LP dba, Rush Truck Center through the BuyBoard Cooperative. This supply agreement will provide heavy equipment parts for Asset Management Department, Fleet Division for maintenance of Police vehicles, equipment, and garbage trucks by the Fleet Maintenance Department. BACKGROUND AND FINDINGS: Asset Management Department, Fleet Division currently has the requirement for filters, brakes, engine parts, body parts, supplies and other Class 8 truck parts for use by Fleet Maintenance to effectively provide repairs on City vehicles and equipment. Acquisition of these goods is essential so that Fleet Maintenance can continue to maintain the fleet and Departments, in turn, can accomplish their missions. It is also important that these parts be delivered in a timely manner so that vehicles and equipment can be turned around, placed back in service, and continue to perform required operations. This Supply Heavy Equipment Parts for Asset Management Department, Fleet Division AGENDA MEMORANDUM Action Item for the City Council Meeting February 9, 2021 Agreement will significantly assist Fleet in ensuring the above is accomplished. This procurement is through the BuyBoard Cooperative. The contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings through the BuyBoard Cooperative contract is 1% to 52% off List Price for filters, brakes, engine parts, body parts, supplies and other Class 8 truck parts. Rush Truck Centers of Texas, LP dba, Rush Truck Center of Corpus Christi, Texas is the incumbent supplier of heavy equipment parts with prices remaining competitive and unchanged. ALTERNATIVES: An alternative would be not to secure a long-term supply agreement. However, the Asset Management Department, Fleet Division would have to purchase on individual purchase orders and these heavy equipment parts are on an as needed basis, which 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 estimated at $221,700.00 for this three-year supply agreement. The remaining amount will be budgeted in future years through the annual budget process FUNDING DETAIL: Fund: 5110 Fleet Maintenance 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 the approval of this agreement with Rush Truck Centers of Texas, LP dba, Rush Truck Center of Corpus Christi, Texas for the purchase of heavy equipment parts for the Asset Management Department, Fleet Division. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement City of Corpus Christi Buyer: Marco Lozano Price Sheet Heavy Equipment Parts for Fleet Rush Truck Centers of Texas, LP Corpus Christi, Texas DESCRIPTION Discount Total Heavy Equipment Parts for Fleet 0.00% to 52% off Published Book Rate $1,300,000.00 BuyBoard 601-19 Freight Allowance $30,000 $1,330,000.00Grand Total Contracts & Procurement Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 SUPPLY AGREEMENT NO. 3354 Heavy Equipment Parts for Fleet THIS Heavy Equipment Parts for Fleet Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Rush Truck Centers of Texas, LP (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Heavy Equipment Parts for Fleet in response to Request for Bid No. Buyboard Coop #601-19 (“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 Heavy Equipment Parts for 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 $1,330,000.00, 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. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Benjamin Sanchez Department: Fleet Maintenance Phone: 361-826-1959 Email: benjamins@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 (B) In addition, the products purchased under this Agreement shall be warranted by the manufacturer, as indicated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 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. DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Title: Parts Foreman Address: 5352 Ayers, Bldg.3B, Corpus Christi, Tx 78415 Phone: 361-826-1959 Fax: N/A IF TO CONTRACTOR: Rush Truck Centers of Texas, LP Attn: T.W. Hedfelt Title: General Manager Address: 3001 IH 69 Acres Road, Robstown, Texas 78380 Phone: 361-726-4943 Fax: 361-726-4860 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 THIRD PARTY 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 BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS (“THIRD PARTY CLAIMS”). CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THIRD PARTY CLAIMS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY 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 THIRD PARTY CLAIMS, PROVIDED THAT, AND NOTWITHSTANDING DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 ANYTHING ELSE HEREIN TO THE CONTRARY, CONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY CLAIM TO THE EXTENT SUCH THIRD PARTY CLAIM IS A RESULT OF THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY. 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. THE PARTIES AGREE THAT IN THE EVENT OF ANY ACTION BROUGHT BY ONE PARTY AGAINST THE OTHER, NEITHER PARTY SHALL BE ENTITLED TO RECOVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DEFINED IN THE UNIFORM COMMERCIAL CODE, INCLUDING, BUT NOT LIMITED TO INDIRECT OR SPECIAL DAMAGES, LOSS OF INCOME OR ANTICIPATED PROFITS, OR DOWN-TIME, OR ANY PUNITIVE 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. DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 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. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: APPROVED AS TO LEGAL FORM: _________________________________________________ Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. Buyboard Coop #601-19 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 General Manager T.W. Hedfelt 1/16/2021 Page 1 of 1 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information The Contractor shall provide filters, brakes, engine parts, body parts, supplies and other Class 8 truck parts on an as needed basis for a period of 3-years. 1.2 Service Requirements A. The Contractor shall deliver parts to the City Garage, City Service Center at 5352 Ayers Street, Building 3B, Corpus Christi, Texas 78415 B. The Contractor shall deliver parts between the hours of 8:00am through 5:00pm. To include Saturdays and holidays. C. The Contractor shall have a bill of sale upon delivery. D. Pricing shall follow Buyboard contract #601-19 pricing schedule. E. If any items are found to be defective, unusable or not in working condition, the Contractor shall arrange the return of the shipment or the shipping charges will be reimbursed on the invoice. Point of Contact Benjamin Sanchez, Parts Foreman Phone Number: (361) 826-1959 Email: BenjaminS@cctexas.com DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 Page 1 of 1 RFQ Revised 4.19.2019 ATTACHMENT B-QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI QUOTE FORM 1.Refer to Contract Terms and Conditions before completing quote. 2.Quote your best price, including freight, for each item. 3.In submitting this quote, Contractor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other contractor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL Heavy Equipment Parts for Fleet Maintenance Department 1 EA Based on Catalog Pricing (0-52% Discount) $ 1,300,000.00 BuyBoard Contract #601-19 Freight $ 30,000.00 TOTAL – Not to Exceed $ 1,330,000.00 COMPANY: Rush Truck Centers of Texas, LP dba Rush Truck Center, NAME OF PERSON AUTHORIZED TO SIGN: T.W. Hedfelt ADDRESS: 3001 IH 69 Acres Road CITY / STATE/ZIP Robstown, Texas 78380 PHONE: 361-726-4943 EMAIL: FAX: 361-726-4860 DATE: SIGNATURE: TITLE: General 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. DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 1/16/2021 hedfeltt1@rushenterprises.com PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In AIR1ZONE10-B1728:HI 14,431.00$ 7.49$ 12.74$ -41% DEFZONE10:HI 9,355.00$ 7.49$ 12.74$ -41% 2-90525-890-1:IZ 9,270.00$ 6,280.00$ 6,650.00$ -6% 440214ETN:EA 8,330.00$ 1,590.00$ 1,670.00$ -5% 5491911:CE 8,040.00$ 2,690.00$ 2,930.00$ -8% CM10083222:PB 7,750.00$ 902.32$ 1,050.94$ -14% K109113BXW:BX 7,590.00$ 320.00$ 345.00$ -7% RPP5010717X:RPP 6,977.00$ 370.00$ 565.00$ -35% F31-6195:PB 6,820.00$ 3,410.00$ 3,540.00$ -4% 220SK139-1:EA 6,770.00$ 1,540.00$ 1,850.00$ -17% 5456746RX:CX 6,531.00$ 5,600.00$ 6,060.00$ -8% 5348546RX:CX 5,811.00$ 2,579.20$ 2,785.15$ -7% F69-6003-222:PB 5,500.00$ 545.00$ 610.00$ -11% 5310990:CE 5,409.00$ 160.00$ 180.00$ -11% 220SK138-1:EA 5,200.00$ 1,680.00$ 1,970.00$ -15% CM10084930:PB 4,920.00$ 1,085.77$ 1,248.13$ -13% CM-10083230:HI 4,772.00$ 776.13$ 933.45$ -17% 220TR114-1:PB 4,505.00$ 805.00$ 950.00$ -15% 3911803554:PB 4,465.00$ 240.00$ 250.00$ -4% Q21-1076-2-100:PB 4,420.00$ 2,100.00$ 2,760.00$ -24% 01-46201M010R:PB 3,740.00$ 1,840.00$ 1,910.00$ -4% CM10016367:PB 3,700.00$ 760.00$ 1,020.00$ -25% CM10084988:PB 3,640.00$ 918.99$ 1,252.25$ -27% 5473010:CE 3,582.00$ 36.90$ 42.90$ -14% MLC5KT:AUI 3,520.00$ 320.00$ 340.00$ -6% CM-10084930:HI 3,415.00$ 809.83$ 972.82$ -17% SD110PT3B1:PB 2,969.00$ 2,020.00$ 2,340.00$ -14% R21-6010R:PB 2,875.00$ 505.00$ 625.00$ -19% 4997684:CE 2,730.00$ 1,370.00$ 1,480.00$ -7% R21-6010:PB 2,695.00$ 490.00$ 635.00$ -23% K097844SCBXW:BX 2,663.00$ 655.00$ 725.00$ -10% R33-6034-040231R:PB 2,455.00$ 325.00$ 425.00$ -24% Q21-1050:PB 2,405.00$ 460.00$ 570.00$ -19% L35-6023-200:PB 2,390.00$ 1,210.00$ 1,340.00$ -10% 3606529C91:IH 2,262.00$ 1,630.00$ 1,700.00$ -4% 239074:NFS 2,200.00$ 1,090.00$ 1,140.00$ -4% 220SA142-1:EA 2,200.00$ 430.00$ 450.00$ -4% 15X1635:LJ 2,196.00$ 54.90$ 57.90$ -5% 3933846:CE 2,175.00$ 725.00$ 765.00$ -5% 5579235:CE 2,170.00$ 2,220.00$ 2,410.00$ -8% 4934537:CE 2,105.00$ 530.00$ 555.00$ -5% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In 32425-8:PB 2,100.00$ 285.00$ 380.00$ -25% 5011336R91:IH 2,099.00$ 1,700.00$ 2,140.00$ -21% 5010755R94:IH 2,079.00$ 1,580.00$ 1,900.00$ -17% 4994286:CE 2,040.00$ 1,060.00$ 1,090.00$ -3% HP48110-3860:PB 2,020.00$ 1,730.00$ 1,990.00$ -13% CM10083231:CM 2,000.00$ 1,000.00$ 1,040.00$ -4% 5357731RX:CX 1,896.00$ 1,640.00$ 1,890.00$ -13% 4868JGH:LN 1,895.00$ 835.00$ 970.00$ -14% K201S:STM 1,870.00$ 515.00$ 580.00$ -11% 5472934:CE 1,820.00$ 1,810.00$ 1,870.00$ -3% K070796BXW:BX 1,737.00$ 160.00$ 175.00$ -9% 801266BXW:BX 1,680.00$ 560.00$ 625.00$ -10% 4326869RX:CX 1,674.00$ 470.00$ 590.00$ -20% F50-6468-1295:DY 1,655.00$ 310.00$ 375.00$ -17% 79A9764RMAN:PB 1,632.00$ 1,100.00$ 1,140.00$ -4% CM-10084988:HI 1,621.00$ 773.04$ 931.74$ -17% R33-6034-040231:PB 1,605.00$ 305.00$ 410.00$ -26% 10R6162:CT 1,594.00$ 585.00$ 640.00$ -9% 5397343:CE 1,530.00$ 760.00$ 805.00$ -6% 5473228RX:CX 1,522.00$ 605.00$ 650.00$ -7% K114426BXR:BX 1,515.00$ 805.00$ 1,000.00$ -20% 79A8124RMAN:PB 1,492.00$ 950.00$ 1,000.00$ -5% V50-6005-086:DY 1,400.00$ 325.00$ 395.00$ -18% K051853BXW:BX 1,370.00$ 180.00$ 190.00$ -5% 5263545:CT 1,360.00$ 1,280.00$ 1,320.00$ -3% F37-6018:AP2 1,350.00$ 195.00$ 215.00$ -9% BA22250:PB 1,350.00$ 125.00$ 180.00$ -31% F17-6005-2051:PB 1,335.00$ 1,350.00$ 1,400.00$ -4% 15-06648M001:PB 1,300.00$ 635.00$ 800.00$ -21% 4376312:CE 1,280.00$ 1,280.00$ 1,480.00$ -14% PS3224-15R103:PB 1,260.00$ 550.00$ 730.00$ -25% E005-525:PB 1,260.00$ 355.00$ 425.00$ -16% 3053693:CT 1,245.00$ 410.00$ 475.00$ -14% 220TR146-5:EA 1,245.00$ 305.00$ 320.00$ -5% 800576BXW:BX 1,230.00$ 625.00$ 695.00$ -10% K049199BXW:BX 1,220.00$ 600.00$ 685.00$ -12% Q27-6051-001:PB 1,208.00$ 71.90$ 105.00$ -32% Q21-1040:PB 1,200.00$ 285.00$ 390.00$ -27% 64179-048:HN 1,200.00$ 300.00$ 375.00$ -20% 5301080RX:CX 1,153.00$ 1,030.00$ 1,170.00$ -12% P92-8262-0300:PB 1,144.00$ 73.90$ 110.00$ -33% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In 5400509:CE 1,140.00$ 285.00$ 305.00$ -7% Q21-1041:PB 1,120.00$ 280.00$ 385.00$ -27% 4195656:CT 1,117.00$ 1,050.00$ 1,270.00$ -17% B80-6016-025:PB 1,071.00$ 92.90$ 115.00$ -19% 3929935:CE 1,070.00$ 1,070.00$ 1,120.00$ -4% 4387304RX:CX 1,061.00$ 795.00$ 970.00$ -18% Q27-6063-00523:PB 1,050.00$ 665.00$ 1,010.00$ -34% K4223RX:FT 1,030.00$ 965.00$ 1,180.00$ -18% Q21-6127-002K1T:PB 1,015.00$ 345.00$ 450.00$ -23% C65-6029-000587:PB 1,010.00$ 230.00$ 315.00$ -27% 5482154:CE 1,010.00$ 1,040.00$ 1,120.00$ -7% SSB33-1000-2:PB 1,000.00$ 125.00$ 135.00$ -7% 717245VEL:PB 995.00$ 330.00$ 385.00$ -14% 220SA140-1:PB 995.00$ 420.00$ 550.00$ -24% JSK37USL:JO 990.00$ 940.00$ 1,120.00$ -16% 220TR145-5:EA 985.00$ 315.00$ 330.00$ -5% Q21-6030-004:PB 966.00$ 81.90$ 120.00$ -32% AU15404-18:PB 965.00$ 945.00$ 1,070.00$ -12% 4921483:CE 960.00$ 250.00$ 270.00$ -7% M66-7002-2240SPL:PB 955.00$ 910.00$ 1,050.00$ -13% CV50626FLG:FG 933.00$ 75.90$ 105.00$ -28% G90-6047:PB 925.00$ 110.00$ 155.00$ -29% 5339508:CE 890.00$ 875.00$ 915.00$ -4% 5265337:CE 875.00$ 82.90$ 91.90$ -10% 3973819:CE 875.00$ 130.00$ 165.00$ -21% CM10001400:PB 859.00$ 7.49$ 8.99$ -17% D61-6005-007:PB 858.00$ 425.00$ 525.00$ -19% 1246V1166:RI 857.00$ 1.59$ 1.89$ -16% 1882222C93:IH 850.00$ 425.00$ 630.00$ -33% 220TR114-3:EA 845.00$ 885.00$ 925.00$ -4% E005-501:PB 820.00$ 350.00$ 425.00$ -18% F50-6392:PB 810.00$ 130.00$ 170.00$ -24% 32S026-0:PB 807.00$ 345.00$ 355.00$ -3% 1082423:CT 800.00$ 770.00$ 795.00$ -3% K37-1017:PB 768.00$ 52.90$ 84.90$ -38% 07-07134:PB 766.00$ 480.00$ 690.00$ -30% 2850276:CT 758.00$ 125.00$ 155.00$ -19% D84-1000-6102375:PB 753.00$ 84.90$ 110.00$ -23% 32S028-0:PB 745.00$ 248.42$ 330.00$ -25% P22122XNNNNS:SRS 740.00$ 745.00$ 775.00$ -4% 05-20290:PB 740.00$ 210.00$ 220.00$ -5% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In 5473296RX:CX 727.00$ 665.00$ 805.00$ -17% 32S007-1:PB 725.00$ 370.00$ 410.00$ -10% 08-02360:PB 705.00$ 625.00$ 720.00$ -13% 2888173:CE 690.00$ 345.00$ 440.00$ -22% 3957987:CE 687.00$ 61.90$ 70.90$ -13% S56-6028-001R:PB 670.00$ 155.00$ 210.00$ -26% D85-6056:PB 660.00$ 310.00$ 325.00$ -5% HF805K:AWE 655.00$ 335.00$ 345.00$ -3% 4984929:CE 650.00$ 325.00$ 350.00$ -7% 4030945:CE 645.00$ 215.00$ 225.00$ -4% D85-6052:PB 640.00$ 320.00$ 335.00$ -4% 4946617:CE 615.00$ 645.00$ 665.00$ -3% HF35302FLG:FG 612.00$ 135.00$ 140.00$ -4% 3691280:CE 610.00$ 310.00$ 365.00$ -15% 1349622:CT 602.00$ 580.00$ 600.00$ -3% R230104:RI 600.00$ 190.00$ 225.00$ -16% K041960BXW:BX 590.00$ 295.00$ 305.00$ -3% R21-6009:PB 585.00$ 535.00$ 775.00$ -31% 4326872RX:CX 583.00$ 470.00$ 610.00$ -23% 4326873RX:CX 573.00$ 480.00$ 590.00$ -19% S56-6028-001:PB 565.00$ 175.00$ 230.00$ -24% CV50628FLG:FG 564.00$ 100.00$ 125.00$ -20% 340-4009:STM 560.00$ 18.74$ 20.90$ -10% 4326874RX:CX 558.00$ 450.00$ 545.00$ -17% 14-15562-1136:PB 555.00$ 515.00$ 535.00$ -4% D84-1000-6060950:PB 548.00$ 36.90$ 44.90$ -18% Q21-1051-001:PB 540.00$ 480.00$ 605.00$ -21% P54-6062:PB 540.00$ 135.00$ 190.00$ -29% 3886396:CE 540.00$ 125.00$ 145.00$ -14% F91-6062:PB 535.00$ 500.00$ 635.00$ -21% D27-6001-0130J:PB 535.00$ 535.00$ 625.00$ -14% D84-1000-6102555:PB 534.00$ 81.90$ 105.00$ -22% 806-0158-000SP:PB 525.00$ 510.00$ 595.00$ -14% 1876921C92:IH 505.00$ 505.00$ 695.00$ -27% LSMMM828:GH 500.00$ 255.00$ 265.00$ -4% G86-6009:PB 490.00$ 450.00$ 470.00$ -4% 220SA140-1:EA 487.00$ 415.00$ 435.00$ -5% B71-6009:PB 482.00$ 67.90$ 86.90$ -22% P54-6169:PB 480.00$ 105.00$ 155.00$ -32% 13-04709L:PB 480.00$ 210.00$ 280.00$ -25% 132863K:DSU 470.00$ 470.00$ 490.00$ -4% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In 13-04709R:PB 470.00$ 205.00$ 280.00$ -27% 083334-00000850:PB 466.00$ 54.90$ 60.90$ -10% 90-01-4511:R16 465.00$ 310.00$ 345.00$ -10% P27-6222:PB 450.00$ 430.00$ 555.00$ -23% 133616W1L:PB 440.00$ 220.00$ 275.00$ -20% P27-6160:PB 435.00$ 375.00$ 500.00$ -25% 11-04006-0350:PB 435.00$ 150.00$ 205.00$ -27% EC3501:TRC 433.00$ 12.74$ 14.74$ -14% 449-4973:STM 431.00$ 35.90$ 44.90$ -20% 16-07783:PB 430.00$ 330.00$ 450.00$ -27% CV52001FLG:FG 429.00$ 76.90$ 105.00$ -27% 2037154:CT 427.00$ 430.00$ 445.00$ -3% F66-2409-200:PB 420.00$ 265.00$ 445.00$ -40% D85-6075:PB 420.00$ 410.00$ 435.00$ -6% 8-98034-305-0:IZ 420.00$ 435.00$ 515.00$ -16% E005-524:PB 415.00$ 355.00$ 405.00$ -12% B65-6008:PB 411.00$ 64.90$ 80.90$ -20% 5461553:CE 405.00$ 355.00$ 485.00$ -27% 4384138:CE 405.00$ 135.00$ 175.00$ -23% 8-98051-817-1:IZ 400.00$ 415.00$ 515.00$ -19% 20-18151:PB 400.00$ 180.00$ 230.00$ -22% S291203:PB 395.00$ 170.00$ 225.00$ -24% 89U637:AL 395.00$ 415.00$ 430.00$ -3% 3905449:CE 394.00$ 23.90$ 26.90$ -11% SR2000027:PB 390.00$ 140.00$ 150.00$ -7% HF6777FLG:FG 389.00$ 65.90$ 68.90$ -4% 5X013817:R29 389.00$ 40.90$ 54.90$ -26% 448-4865:STM 387.00$ 47.90$ 50.90$ -6% XKEG4707QPKRMAN:RI 381.00$ 35.90$ 37.90$ -5% SR2000078:PB 380.00$ 410.00$ 430.00$ -5% 3945917:CE 380.00$ 195.00$ 245.00$ -20% 20-16781:PB 375.00$ 165.00$ 220.00$ -25% 134030W1L:PB 375.00$ 115.00$ 165.00$ -30% F04-6006:PB 372.00$ 80.90$ 115.00$ -30% R56-6060-002:PB 370.00$ 175.00$ 215.00$ -19% R44-6026-2:PB 370.00$ 395.00$ 445.00$ -11% 383-0164:STM 367.00$ 43.90$ 51.90$ -15% P92-8406-0400:PB 366.00$ 85.90$ 130.00$ -34% 4384340:CE 365.00$ 360.00$ 390.00$ -8% 00049861:PB 360.00$ 165.00$ 220.00$ -25% E005-502:PB 350.00$ 355.00$ 370.00$ -4% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In 1026GRV:PB 350.00$ 158.05$ 180.63$ -13% 170-55:PB 348.00$ 62.90$ 82.90$ -24% M82-6017-105025:PB 345.00$ 360.00$ 445.00$ -19% Q21-6007S:PB 340.00$ 170.00$ 245.00$ -31% 02-01374-100:PB 335.00$ 56.90$ 76.90$ -26% N9267001:PB 330.00$ 180.00$ 220.00$ -18% 3341388:CT 329.00$ 330.00$ 350.00$ -6% F50-6230-001:PB 320.00$ 150.00$ 180.00$ -17% 20-18037R:PB 320.00$ 320.00$ 355.00$ -10% 8-97377-920-0:IZ 315.00$ 320.00$ 335.00$ -4% 8244-0099-610:HN 310.00$ 145.00$ 225.00$ -36% 3576X:AWE 310.00$ 155.00$ 165.00$ -6% 2961406:CT 309.00$ 340.00$ 350.00$ -3% 5549-53715-36:PB 305.00$ 260.00$ 335.00$ -22% 330-2616:R51 305.00$ 300.00$ 340.00$ -12% R56-6060-001:PB 300.00$ 145.00$ 160.00$ -9% 904-7519:DOP 300.00$ 300.00$ 315.00$ -5% 13500101:LM 296.00$ 86.90$ 110.00$ -21% L56-0001:PB 291.00$ 30.90$ 38.90$ -21% K4257:FT 290.00$ 255.00$ 300.00$ -15% 817755:EA 290.00$ 265.00$ 355.00$ -25% 35071104:PB 290.00$ 275.00$ 305.00$ -10% 4307195:CE 285.00$ 285.00$ 360.00$ -21% 2-90654-404-0:IZ 281.00$ 33.90$ 40.90$ -17% 5590A:ECC 280.00$ 295.00$ 305.00$ -3% 03-01107:PB 280.00$ 93.90$ 110.00$ -15% L46-6025-004:PB 275.00$ 245.00$ 375.00$ -35% 3689465:CE 275.00$ 91.90$ 115.00$ -20% 5313494:CE 274.00$ 93.90$ 96.90$ -3% 2897654:CE 271.00$ 47.90$ 50.90$ -6% 5502-17:PB 270.00$ 155.00$ 185.00$ -16% 3796X:AWE 270.00$ 135.00$ 150.00$ -10% F50-6530-20225:DY 265.00$ 265.00$ 305.00$ -13% 802528BXW:BX 265.00$ 265.00$ 275.00$ -4% 802122BXW:BX 265.00$ 270.00$ 345.00$ -22% E008-272:PB 260.00$ 205.00$ 225.00$ -9% 8-98012-864-0:IZ 260.00$ 275.00$ 300.00$ -8% 20-18152R:PB 260.00$ 110.00$ 115.00$ -4% 1655115PE:PB 259.00$ 50.90$ 71.90$ -29% L92-6033-0100:PB 257.00$ 77.90$ 115.00$ -32% R33-6036-040231R:PB 252.00$ 62.90$ 110.00$ -43% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In K181265BXW:BX 252.00$ 62.90$ 70.90$ -11% 10094142:DSU 251.00$ 87.90$ 110.00$ -20% L92-6041-0100:PB 250.00$ 75.90$ 115.00$ -34% 4940809:CE 250.00$ 250.00$ 265.00$ -6% 1875784C93:IH 250.00$ 250.00$ 330.00$ -24% LE0121:PB 245.00$ 245.00$ 330.00$ -26% 2201209:CT 245.00$ 240.00$ 250.00$ -4% Q21-1002:PB 243.00$ 78.90$ 115.00$ -31% 3451714:CT 241.00$ 241.37$ 250.00$ -3% CM103430:PB 240.00$ 5.99$ 7.99$ -25% 05-16540:PB 240.00$ 290.00$ 300.00$ -3% FR11110:PB 237.00$ 18.74$ 21.90$ -14% B65-6012:PB 237.00$ 71.90$ 86.90$ -17% 11020022:LM 236.00$ 53.90$ 72.90$ -26% 3690067:CE 235.00$ 235.00$ 300.00$ -22% TE12937LBH:PB 232.00$ 54.90$ 83.90$ -35% TE12938LBH:PB 231.00$ 54.90$ 84.90$ -35% P92-6594-2000:PB 230.00$ 110.00$ 145.00$ -24% 400-2227:R51 230.00$ 235.00$ 255.00$ -8% 3S011516:PB 230.00$ 115.00$ 150.00$ -23% 20-18152L:PB 230.00$ 110.00$ 115.00$ -4% 2792589:CT 224.00$ 120.00$ 125.00$ -4% F50-6427:PB 223.00$ 71.90$ 93.90$ -23% 4902912:CE 220.00$ 110.00$ 145.00$ -24% 01-G600-76:GRE 218.00$ 54.90$ 57.90$ -5% 2872858:CE 217.00$ 56.90$ 78.90$ -28% 1000478038BSM:PB 216.00$ 76.90$ 82.90$ -7% 4384259:CE 215.00$ 215.00$ 245.00$ -12% 212-0110:R54 215.00$ 220.00$ 230.00$ -4% F37-6011:PB 210.00$ 110.00$ 145.00$ -24% 8-98037-481-0:IZ 209.00$ 38.90$ 43.90$ -11% D84-1000-6102655:DY 204.00$ 110.00$ 115.00$ -4% Q43-6066-131BK:PB 200.00$ 175.00$ 220.00$ -20% 4298242:CE 200.00$ 12.74$ 18.74$ -32% 29506659:AT 200.00$ 130.00$ 135.00$ -4% 213-302171:R30 198.00$ 99.90$ 115.00$ -13% N06-6051:PB 195.00$ 195.00$ 305.00$ -36% 996813252-001:PB 195.00$ 185.00$ 225.00$ -18% 4939164:CE 190.00$ 190.00$ 195.00$ -3% 122207EXX:MBL 190.00$ 190.00$ 205.00$ -7% 35880Y:TK 187.00$ 18.74$ 18.74$ 0% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In R230105:RI 185.00$ 185.00$ 225.00$ -18% 996711502-001:PB 185.00$ 185.00$ 210.00$ -12% 5579023:CE 185.00$ 185.00$ 235.00$ -21% R33-6036-040231:PB 183.00$ 60.90$ 95.90$ -36% 15-677X:HI 182.00$ 70.90$ 94.90$ -25% K081263BXW:BX 180.00$ 185.00$ 215.00$ -14% 1892207:CT 180.00$ 195.00$ 200.00$ -3% 2-94561-104-0:IZ 177.00$ 23.90$ 36.90$ -35% 5284362:CE 175.00$ 175.00$ 245.00$ -29% 4962608:CE 175.00$ 22.90$ 33.90$ -32% RK5152202:PB 174.00$ 57.90$ 68.90$ -16% 3944593:CE 174.00$ 3.49$ 5.49$ -36% 334AA-D:PB 174.00$ 47.90$ 56.90$ -16% 105816EXX:MBL 172.00$ 3.99$ 5.49$ -27% R23-6012:PB 165.00$ 155.00$ 225.00$ -31% S9383:SRP 163.00$ 51.90$ 55.90$ -7% B20-6020:PB 162.00$ 90.90$ 115.00$ -21% 8-98131-812-3:IZ 160.00$ 175.00$ 185.00$ -5% 8-98131-811-3:IZ 160.00$ 160.00$ 170.00$ -6% 4386982:CE 156.00$ 38.90$ 50.90$ -24% 1875419C94:IH 155.00$ 155.00$ 165.00$ -6% 5478594:CE 154.00$ 73.90$ 94.90$ -22% 2790251:CT 152.00$ 38.90$ 49.90$ -22% F50-6546-0235:DY 150.00$ 150.00$ 170.00$ -12% 4975069:CE 150.00$ 150.00$ 190.00$ -21% 2850273:CT 149.00$ 30.90$ 38.90$ -21% SR2000009:PB 145.00$ 150.00$ 165.00$ -9% R56-1114R:PB 145.00$ 120.00$ 160.00$ -25% M11-6327R:PB 145.00$ 140.00$ 170.00$ -18% 8-98047-383-0:IZ 145.00$ 160.00$ 170.00$ -6% 4944670:CE 145.00$ 145.00$ 155.00$ -6% 3149772:CT 145.00$ 145.00$ 185.00$ -22% HE4270:DY 142.00$ 14.74$ 17.74$ -17% GBEK4709E223EC:GBR 142.00$ 39.90$ 42.90$ -7% 5269779:CE 141.00$ 11.74$ 16.74$ -30% WE6000:PB 140.00$ 5.49$ 6.99$ -21% W1341-10:PB 140.00$ 6.99$ 7.49$ -7% N06-6050:PB 140.00$ 140.00$ 215.00$ -35% D50-6043:PB 136.00$ 64.90$ 68.90$ -6% 79PSL3-2:PB 136.00$ 59.90$ 79.90$ -25% 161HN101:EA 133.00$ 11.74$ 12.74$ -8% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In 3945252:CE 132.00$ 5.49$ 7.99$ -31% 20236-000:PB 132.00$ 14.74$ 24.90$ -41% 3687932:CE 131.00$ 44.90$ 56.90$ -21% M11-1917-004:PB 130.00$ 125.00$ 160.00$ -22% D50-6041:PB 130.00$ 61.90$ 84.90$ -27% 3106237:CE 130.00$ 130.00$ 130.00$ 0% 05-18927:PB 130.00$ 125.00$ 135.00$ -7% 89469DYC:PB 127.00$ 115.00$ 135.00$ -15% D1029-9369:PB 126.00$ 55.90$ 76.90$ -27% 02-01374-110:PB 124.00$ 61.90$ 70.90$ -13% 1948921PE:PB 123.00$ 38.90$ 54.90$ -29% 1922496PE:PB 123.00$ 39.90$ 64.90$ -39% Q27-1038:PB 120.00$ 37.90$ 54.90$ -31% MR1001:PB 120.00$ 29.90$ 41.90$ -29% 3970945:CE 120.00$ 125.00$ 155.00$ -19% 2-90531-200-0:IZ 118.00$ 11.74$ 14.74$ -20% D84-1000-6081980:PB 117.00$ 56.90$ 68.90$ -17% 932-1132:R51 117.00$ 39.90$ 42.90$ -7% NG5900FLG:FG 116.00$ 57.90$ 72.90$ -21% SR2000023:PB 112.00$ 19.74$ 26.90$ -27% HM75-65711:PLY 112.00$ 18.74$ 25.90$ -28% 9811:R41 112.00$ 2.89$ 3.99$ -28% 3485208:CT 111.00$ 120.00$ 125.00$ -4% D84-1000-6102845:PB 110.00$ 79.90$ 115.00$ -31% D84-1000-6081940:PB 110.00$ 52.90$ 61.90$ -15% 5271843:CE 110.00$ 110.00$ 110.00$ 0% 5270678:CE 110.00$ 110.00$ 150.00$ -27% 16-091212A8EEF1H11:PB 110.00$ 105.00$ 155.00$ -32% 05-17597:PB 110.00$ 55.90$ 63.90$ -13% 85062:GAB 108.00$ 53.90$ 65.90$ -18% 3824848:CE 106.00$ 18.74$ 26.90$ -30% BC11224:PB 104.00$ 13.74$ 13.74$ 0% 1304678:CT 103.00$ 88.90$ 91.90$ -3% D84-1000-6062175:PB 102.00$ 47.90$ 66.90$ -28% L03-0001:PB 100.00$ 22.90$ 37.90$ -40% 971370ETN:EA 100.00$ 15.74$ 23.90$ -34% 62000-590:HN 100.00$ 91.90$ 115.00$ -20% 5258626:CE 100.00$ 24.90$ 31.90$ -22% 5-675X:DSU 98.00$ 49.90$ 60.90$ -18% 4936412:CE 98.00$ 95.90$ 115.00$ -17% 20309-000:PB 98.00$ 14.74$ 16.74$ -12% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In 16-05054:PB 98.00$ 47.90$ 60.90$ -21% 05-16385:PB 98.00$ 54.90$ 57.90$ -5% SPL170-4X:HI 97.00$ 96.90$ 105.00$ -8% D84-1000-9061547:PB 97.00$ 44.90$ 63.90$ -30% 3142735:CT 96.00$ 105.00$ 105.00$ 0% 222014Y:R18 96.00$ 47.90$ 51.90$ -8% P27-6142:PB 94.00$ 100.00$ 125.00$ -20% 3683004:CE 93.00$ 92.90$ 115.00$ -19% H15687:PB 92.00$ 50.90$ 60.90$ -16% 4945595:CE 92.00$ 94.90$ 97.90$ -3% 4945594:CE 91.00$ 91.90$ 93.90$ -2% 20-03686:PB 90.00$ 7.49$ 9.49$ -21% 1842626C96:IH 90.00$ 92.90$ 135.00$ -31% 133-1039:R51 90.00$ 14.74$ 18.74$ -21% M16-6016:PB 83.00$ 76.90$ 97.90$ -21% G906047RT:R62 80.00$ 81.90$ 94.90$ -14% 222032Y:R18 80.00$ 14.74$ 21.90$ -33% 16-04541:PB 80.00$ 39.90$ 45.90$ -13% 3922639:CE 79.00$ 15.74$ 16.74$ -6% 66860:GRE 77.00$ 8.49$ 8.49$ 0% 4376837:CE 74.00$ 37.90$ 49.90$ -24% 1R0749:CTF 73.00$ 18.74$ 26.90$ -30% M501-50NR:PB 71.00$ 19.74$ 20.90$ -6% D84-1000-3081970:PB 71.00$ 63.90$ 78.90$ -19% 8-98282-482-0:IZ 71.00$ 66.90$ 72.90$ -8% HWC06838:LJ 70.00$ 1.89$ 2.99$ -37% 800483RT:R62 70.00$ 60.90$ 76.90$ -21% 4088712:CE 70.00$ 69.90$ 85.90$ -19% 3093806:CE 70.00$ 11.74$ 12.74$ -8% SK2905-94:JO 68.00$ 32.90$ 37.90$ -13% R955338:PW2 68.00$ 67.90$ 74.90$ -9% 4731HUN:PB 68.00$ 34.90$ 52.90$ -34% 3903652:CE 68.00$ 33.90$ 37.90$ -11% K100976HD:GA 67.00$ 66.90$ 69.90$ -4% CT400LSS:R58 65.00$ 6.99$ 8.99$ -22% 1979641:CT 64.00$ 65.90$ 80.90$ -19% HWC01023:LJ 62.00$ 7.49$ 8.49$ -12% SR2000016:PB 60.00$ 62.90$ 65.90$ -5% 908-0223-01:PB 60.00$ 28.90$ 41.90$ -31% 8-98341-632-0:IZ 60.00$ 63.90$ 66.90$ -4% 5286984:CE 60.00$ 7.99$ 12.74$ -37% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In 3104230:CE 60.00$ 29.90$ 40.90$ -27% 3099092:CE 60.00$ 30.90$ 31.90$ -3% 3928304:CE 58.00$ 28.90$ 29.90$ -3% HWC06986:LJ 56.00$ 22.90$ 28.90$ -21% SC30:MB 55.00$ 49.90$ 63.90$ -22% 971454ETN:EA 55.00$ 13.74$ 16.74$ -18% L40AA:R58 54.00$ 6.99$ 12.74$ -45% 179901:CE 54.00$ 26.90$ 34.90$ -23% T4695001:PB 53.00$ 54.90$ 73.90$ -26% 1875880C2:IH 53.00$ 52.90$ 57.90$ -9% 976921ETN:EA 52.00$ 24.90$ 28.90$ -14% 3963988:CE 52.00$ 3.74$ 6.49$ -42% 91270:IMS 51.00$ 12.74$ 13.74$ -7% 5X010007:R29 51.00$ 12.74$ 16.74$ -24% 382-8064:STM 51.00$ 52.90$ 55.90$ -5% 3685173:CE 51.00$ 50.90$ 65.90$ -23% ATF-0T4:HI 50.00$ 11.74$ 19.74$ -41% 4918730:CE 50.00$ 24.90$ 36.90$ -33% 1304679:CT 50.00$ 43.90$ 45.90$ -4% 07028035012FTG:PB 50.00$ 14.74$ 19.74$ -25% D84-1000-9061535:PB 49.00$ 42.90$ 60.90$ -30% CM-10018442:HI 49.00$ 4.49$ 4.74$ -5% L50AA:R58 48.00$ 7.99$ 10.74$ -26% HP103:EB 48.00$ 2.69$ 2.79$ -4% BA26900:PB 48.00$ 14.74$ 24.90$ -41% 922-1221:R51 48.00$ 36.90$ 53.90$ -32% V04-6013:PB 47.00$ 46.90$ 55.90$ -16% 8-98290-755-0:IZ 46.00$ 47.90$ 57.90$ -17% 355A:PM2 46.00$ 23.12$ 24.90$ -7% 4990721:CE 45.00$ 8.99$ 9.49$ -5% 1876922C91:IH 45.00$ 44.90$ 62.90$ -29% BA16050:PB 44.00$ 33.90$ 47.90$ -29% 82194PTXUSA:PTX 44.00$ 7.49$ 9.49$ -21% 3929159:CE 44.00$ 21.90$ 22.90$ -4% 314146ETN:EB 44.00$ 21.90$ 25.90$ -15% 288251BXW:BX 44.00$ 43.90$ 48.90$ -10% HWC07030:LJ 43.00$ 11.74$ 14.74$ -20% 9X6451:CT 43.00$ 42.90$ 52.90$ -19% 5273379:CE 43.00$ 42.90$ 60.90$ -30% 5332563:CE 42.00$ 43.90$ 62.90$ -30% 3818824:CE 41.00$ 2.79$ 4.99$ -44% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In R56-6040:PB 40.00$ 34.90$ 40.90$ -15% SBT24:PB 39.00$ 38.90$ 48.90$ -20% F11-6258:PB 39.00$ 22.90$ 42.90$ -47% 7479870VEL:PB 39.00$ 37.90$ 48.90$ -22% 4932615:CE 37.00$ 2.99$ 5.49$ -46% RPP3683144:R58 36.00$ 37.90$ 39.90$ -5% 4100933GY:VT 36.00$ 34.90$ 41.90$ -17% RM75-63861:PLY 35.00$ 18.74$ 24.90$ -25% 50451:R58 35.00$ 19.74$ 20.90$ -6% 38312:UNP 35.00$ 17.74$ 19.74$ -10% 2568753:CTF 35.00$ 18.74$ 26.90$ -30% 05-02657:PB 35.00$ 16.74$ 21.90$ -24% 15-06691:PB 34.00$ 35.90$ 44.90$ -20% 817009:EB 33.00$ 16.74$ 19.74$ -15% 3901865:CE 33.00$ 5.49$ 5.49$ 0% 2594129C1:IH 33.00$ 16.74$ 28.90$ -42% M20340Y:MAX 32.00$ 7.99$ 8.49$ -6% 6406003:R18 32.00$ 0.24$ 0.29$ -17% HWC04144:PB 30.00$ 4.99$ 4.99$ 0% CT200LSS:R58 30.00$ 7.49$ 9.49$ -21% 87904M:PB 30.00$ 30.90$ 35.90$ -14% 3975396:CE 30.00$ 30.90$ 31.90$ -3% 3924147:CE 30.00$ 10.74$ 14.74$ -27% 3867648:CE 30.00$ 7.49$ 7.99$ -6% 3684342:CE 30.00$ 3.24$ 5.49$ -41% HWC06043:LJ 29.00$ 13.74$ 15.74$ -13% 3934046:CE 29.00$ 30.90$ 31.90$ -3% 3-1904131-5:PB 29.00$ 15.74$ 20.90$ -25% 3087298:CT 29.00$ 32.90$ 33.90$ -3% P776008:DF 28.00$ 16.74$ 17.74$ -6% HWC04641:PB 28.00$ 7.49$ 7.99$ -6% 4386983:CE 28.00$ 27.90$ 38.90$ -28% 4298975:CE 28.00$ 6.99$ 10.74$ -35% VH11600:PB 27.00$ 5.49$ 7.49$ -27% M20340R:MAX 27.00$ 9.99$ 10.74$ -7% M10HN107:EA 27.00$ 15.74$ 17.74$ -11% 90-0013:PB 27.00$ 14.74$ 19.74$ -25% 3680437:CE 27.00$ 14.74$ 14.74$ 0% 2953099:CT 27.00$ 13.74$ 20.90$ -34% 2865030:CT 27.00$ 14.74$ 15.74$ -6% W20-6010-012:PB 26.00$ 1.29$ 2.69$ -52% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In 1322SPR:PB 26.00$ 3.74$ 7.49$ -50% Q58403:PB 25.00$ 13.74$ 14.74$ -7% L92-6000-0700:PB 25.00$ 25.90$ 27.90$ -7% H00860PP:PB 25.00$ 24.90$ 26.90$ -7% 790-1349:R51 25.00$ 24.90$ 29.90$ -17% 5405392:CE 25.00$ 25.90$ 33.90$ -24% 4088451:CE 24.00$ 5.49$ 5.49$ 0% 3755843:CE 24.00$ 6.49$ 9.99$ -35% 3684284:CE 24.00$ 5.99$ 9.49$ -37% 03-04125:PB 24.00$ 20.90$ 26.90$ -22% W1438:AWE 23.00$ 11.74$ 14.74$ -20% 4896897:CE 23.00$ 22.90$ 33.90$ -32% 105FBC:PB 23.00$ 11.74$ 14.74$ -20% 5L2952:CT 22.00$ 7.99$ 10.74$ -26% 2998229:CT 22.00$ 23.90$ 25.90$ -8% 220HP101:EB 22.00$ 3.24$ 3.24$ 0% 5299156:CE 21.00$ 20.90$ 21.90$ -5% LM11400:PB 20.00$ 16.74$ 23.90$ -30% 5341745:CE 20.00$ 18.74$ 18.74$ 0% 3929011:CE 20.00$ 19.74$ 27.90$ -29% 2866337:CE 20.00$ 10.74$ 17.74$ -39% HWC04003:LJ 19.00$ 7.99$ 11.74$ -32% 82588PTX:PTX 19.00$ 15.74$ 23.90$ -34% 4988280:CE 19.00$ 3.74$ 5.99$ -38% 3963991:CE 19.00$ 4.74$ 7.99$ -41% 3678912:CE 19.00$ 9.99$ 13.74$ -27% 220HN105:EA 19.00$ 8.99$ 10.74$ -16% HWC07940:LJ 18.00$ 0.84$ 1.29$ -35% 4974921:CE 18.00$ 17.74$ 23.90$ -26% HWC06726:LJ 17.00$ 7.99$ 11.74$ -32% EC50UZP:PB 17.00$ 8.49$ 11.74$ -28% 4954905:CE 17.00$ 18.74$ 24.90$ -25% 3921440:CE 17.00$ 17.74$ 19.74$ -10% 2870121:CE 17.00$ 16.74$ 20.90$ -20% 5515-250:R28 16.00$ 17.74$ 19.74$ -10% 3150225:CT 16.00$ 17.74$ 18.74$ -5% 1R1807:CTF 16.00$ 15.74$ 18.74$ -16% CA10700:PB 15.00$ 14.74$ 19.74$ -25% 3918174:CE 15.00$ 14.74$ 20.90$ -29% CT250LSS:R58 14.00$ 7.49$ 8.99$ -17% 572:TMK 14.00$ 13.74$ 16.74$ -18% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In 4934279:CE 14.00$ 3.49$ 5.99$ -42% 4621171:CT 14.00$ 16.74$ 16.74$ 0% 1349621:CT 14.00$ 14.74$ 15.74$ -6% RC1630:PB 13.00$ 12.74$ 18.74$ -32% 3627695:CE 13.00$ 6.49$ 9.99$ -35% 3417474:CE 13.00$ 3.24$ 3.24$ 0% 2884209:CT 13.00$ 7.49$ 7.49$ 0% 8-97359-805-0:IZ 12.00$ 11.74$ 15.74$ -25% 72373:IMS 12.00$ 6.49$ 6.99$ -7% 6.5-70-18X:DSU 12.00$ 13.74$ 18.74$ -27% 4960214:CE 12.00$ 11.74$ 16.74$ -30% 4934278:CE 12.00$ 2.49$ 4.24$ -41% 3695041:CE 12.00$ 12.74$ 16.74$ -24% 220HN103:PB 12.00$ 1.49$ 1.49$ 0% HWC05644:LJ 11.00$ 0.79$ 0.94$ -16% HN114:EA 11.00$ 2.39$ 2.79$ -14% 4960053:CE 11.00$ 10.74$ 16.74$ -36% 3900635:CE 11.00$ 4.99$ 5.49$ -9% 2N6170:CT 11.00$ 11.74$ 11.74$ 0% 22058PTX:PTX 11.00$ 10.74$ 15.74$ -32% 4975285:CE 10.00$ 10.74$ 11.74$ -9% 15-730DSP:PA 10.00$ 10.74$ 12.74$ -16% HP102:EA 9.00$ 2.99$ 4.74$ -37% 72392:IMS 9.00$ 8.99$ 9.49$ -5% 3910824:CE 9.00$ 1.69$ 1.79$ -6% 3902466:CE 9.00$ 9.49$ 9.99$ -5% 3348319:CE 9.00$ 11.74$ 12.74$ -8% 2864829:CE 9.00$ 9.49$ 10.74$ -12% 98702:IMS 8.00$ 9.49$ 10.74$ -12% 73788:IMS 8.00$ 2.19$ 2.29$ -4% 5528109:CE 8.00$ 8.99$ 9.99$ -10% 4975284:CE 8.00$ 8.49$ 10.74$ -21% 3036666:CE 8.00$ 1.99$ 2.69$ -26% 129492ETN:EA 8.00$ 2.69$ 4.99$ -46% 81950PTX:PTX 7.00$ 4.49$ 7.99$ -44% 3939353:CE 7.00$ 7.99$ 12.74$ -37% 3916585:CE 7.00$ 6.99$ 7.49$ -7% 3287561:CE 7.00$ 7.49$ 9.99$ -25% 15720RT:R40 7.00$ 7.49$ 9.49$ -21% 054254ETN:EA 7.00$ 6.99$ 9.99$ -30% 5264569:CE 6.00$ 3.49$ 4.49$ -22% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 PartNumberWithVC Sales Buyboard Contract Price Walk-In Discount vs Walk-In 4938761:CE 6.00$ 5.49$ 8.49$ -35% 3963990:CE 6.00$ 2.89$ 4.99$ -42% G38-1036-0404:DY 5.00$ 4.49$ 6.49$ -31% 81343PTX:PTX 5.00$ 5.49$ 6.49$ -15% 3883284:CE 5.00$ 5.99$ 8.49$ -29% 22001008R:R18 5.00$ 2.59$ 2.79$ -7% 1000309832BSM:PB 5.00$ 4.49$ 6.49$ -31% HWC07950:LJ 4.00$ 1.59$ 2.29$ -31% HWC00007:LJ 4.00$ 0.44$ 0.49$ -10% 8T9405:CT 4.00$ 2.19$ 2.29$ -4% 4992509:CE 4.00$ 3.99$ 7.49$ -47% 4925884:CE 4.00$ 3.99$ 6.49$ -39% 3678606:CE 4.00$ 3.74$ 5.49$ -32% 1843971C1:IH 4.00$ 3.74$ 4.49$ -17% 1000309833BSM:PB 4.00$ 4.24$ 4.74$ -11% 1000309829BSM:PB 4.00$ 3.74$ 4.24$ -12% HWC07962:LJ 3.00$ 1.29$ 1.79$ -28% HWC00117:LJ 3.00$ 1.19$ 1.69$ -30% 8T8729:CT 3.00$ 0.99$ 0.99$ 0% 71893:IMS 3.00$ 0.29$ 0.29$ 0% 6406002:R18 3.00$ 0.09$ 0.09$ 0% 1000309831BSM:PB 3.00$ 2.59$ 3.74$ -31% 090208ETN:EA 3.00$ 2.59$ 3.24$ -20% 90693:IMS 2.00$ 2.29$ 2.49$ -8% W16-1019-001:PB 1.00$ 0.54$ 0.69$ -22% HWC12514:LJ 1.00$ 0.49$ 0.64$ -23% HWC07900:LJ 1.00$ 0.09$ 0.09$ 0% HWC06012:LJ 1.00$ 0.44$ 0.44$ 0% HWC01510:LJ 1.00$ 0.59$ 0.64$ -8% 76018:IMS 1.00$ 0.39$ 0.44$ -11% 75101:IMS 1.00$ 0.39$ 0.44$ -11% 72100-3:IMS 1.00$ 0.49$ 0.49$ 0% 71668:IMS 1.00$ 1.19$ 1.59$ -25% 16150:IMS 1.00$ 0.19$ 0.19$ 0% DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 Page 1 of 3 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION Employers’ Liability Statutory $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 Page 2 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 Page 3 of 3 time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Bond Requirements: No bonds are required, therefore, 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. DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS Products – MANUFACTURER WARRANTIES ONLY. a. Printed warranty provided by the applicable manufacturer of the product. EXCEPT FORANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PRODUCT(S)ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESSFOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLYDISCLAIMED. b. LIMITED WARRANTY ON SERVICES. All services performed by the Contractor, including maintenance and repair services (“Services”),will be performed in a good and workmanlike manner (“Services Warranty”). The Services Warranty is valid for a period of ninety (90)days from the date the Service is completed. CONTRACTOR PROVIDES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING SERVICES. The Services Warranty is strictly limited to Services performed by the Contractor for the City. DocuSign Envelope ID: 3BE7FB0D-8838-4ECC-99DE-ABAE3A1862B9 DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM : Charles Mendoza, Director of Asset Management CharlesM2@cctexas.com (361) 826-1941 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the service agreement with American Abatement, LLC from San Antonio, Texas, for an amount not to exceed $155,995.00 to demolish the closed, decommissioned and unused Booker T. Washington School, effective upon issuance of a notice to proceed, with FY 2021 funding available through the Community Development Block Grant Fund. SUMMARY: This motion to authorizes a service agreement with American Abatement, LLC to demolish the Booker T. Washington School. This project will include disposal of Asbestos containing materials in accordance with Texas Asbestos Health Protection Rules. This project is under the direction of Asset Management and funded by the Grant Monitoring Department through the Community Development Block Grant (CDBG). BACKGROUND AND FINDINGS: The City of Corpus Christi acquired Booker T. Washington School, located at 1113 North Alameda Street, from the Corpus Christi Independent School District on April 29, 2008. The facility kitchen was used by Parks and Recreation from the 1980’s until 2002, and later used by the Corpus Christi Police Department from 2011 to 2014, at which time the City discontinued use of the facility due to severe deterioration of the building envelope, the continued vandalism, frequent theft of City Owned property, and illegal activity. Demolition of Booker T. Washington School AGENDA MEMORANDUM Action Item for the City Council Meeting February 9, 2021 On May 30, 2019 a case was started by Code Enforcement for a demolition grant due to unsafe/unhealthy, and slum/blight. On June 21, 2019, the Grant Monitoring Department requested the State Historic Preservation Officer (SHPO), and the Executive Director of the Texas Historic Commission (THC) to review this facility under Section 106 of the National Preservation Act and/or Antiquities Code of Texas, and on July 16, 2019 it was determined - No historic properties are present or affected by the project proposed. Asset Management has prepared the building for demolition and has barricaded all the windows and doors to keep unauthorized people out. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for a contract. The City received seven bids. Staff is recommending the award to the lowest responsive, responsible bidder, American Abatement, LLC. ALTERNATIVES: The alternative to not accepting this bid would be that the City of Corpus Christi will continue to spend money responding to illegal activity calls, and continuously boarding up the building in attempt to keep trespassers out. The facility is beyond its useful life, contains lead and asbestos, surplus property to the City, and is substandard; therefore, pursuing a $9.5M restoration project is not recommended. FISCAL IMPACT: The fiscal impact for the Grant Monitoring Department in FY 2021 is approximately $155,995.00. FUNDING DETAIL: Fund: 1059 CDBG Grants Organization/Activity: 852008F Demolition Program Mission Element: 132 Revitalize & Stabilize Neighborhoods Project # (CIP Only): N/A Account: 530220 Demolition/Cleanup Service Cost: $40,825.00 Fund: 1059 CDBG Grants Organization/Activity: 852107F Demolition Program Mission Element: 132 Revitalize & Stabilize Neighborhoods Project # (CIP Only): N/A Account: 530220 Demolition/Cleanup Service Cost: $115,170.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a service agreement with American Abatement, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Demolition of Booker T Washington School Lump Sum 1 155,995.00$ 155,995.00$ 160,000.00$ 160,000.00$ 173,000.00$ 173,000.00$ 155,995.00$ 160,000.00$ 173,000.00$ ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Demolition of Booker T Washington School Lump Sum 1 177,804.10$ 177,804.10$ 207,545.00$ 207,545.00$ 223,943.00$ 223,943.00$ 177,804.10$ 207,545.00$ 223,943.00$ ITEM Description Unit Qty Unit Price Total Price 1 Demolition of Booker T Washington School Lump Sum 1 273,940.00$ 273,940.00$ 273,940.00$ Grant Mackay Co. Inc. - Houston, Texas Hansco Inc. - San Antonio, Texas J.R. Ramon & Sons, Inc. - San Antonio, Texas KSI Specialties, LLC. - Gregory, Texas Camacho Demolition - Corpus Christi, Texas American Abatement - San Antonio, Texas Coastal Bend Demolition - Corpus Christi, Texas City of Corpus Christi Contracts and Procurement Department Senior Buyer : Cynthia Perez Bid Tabulation RFB # 3133 Demolition of Booker T Washington School Service Agreement Standard Form – Federal Funding Page 1 of 8 SERVICE AGREEMENT NO. 3133 Demolition of Booker T Washington School THIS Demolition of Booker T Washington School Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and American Abatement, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Demolition of Booker T Washington School in response to Request for Bid/Proposal No. 3133 (“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 Demolition of Booker T Washington School (“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 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $155,995.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Service Agreement Standard Form – Federal Funding Page 2 of 8 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: Max Jones Department: Asset Management Phone: 361-826-3389 Email: MaxJ@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 a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Service Agreement Standard Form – Federal Funding Page 3 of 8 7.Inspection and Acceptance. Any Services 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. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Service Agreement Standard Form – Federal Funding Page 4 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 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 related 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: Max Jones Title: Facilities Capital Improvement Program Manager Address: 5352 Ayers, Corpus Christi, Texas 78405 Phone: 361-826-3389 IF TO CONTRACTOR: American Abatement, LLC Attn: Benard Gottschalk Title: Vice-President Address: 3725 Pitluk Avendue, San Antonio, Texas 78211 Phone: (210) 408-8131 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Service Agreement Standard Form – Federal Funding Page 5 of 8 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) Termination for Cause. 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) Termination for Convenience. 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. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19.Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Service Agreement Standard Form – Federal Funding Page 6 of 8 or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 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. 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. 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. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Service Agreement Standard Form – Federal Funding Page 7 of 8 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. 28.Federal Funding Requirements. This project is subject to requirements provided for the Federal Emergency Management Agency (FEMA), the Federal Aviation Administration (FAA) and/or other federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA, the FAA, 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 Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Service Agreement Standard Form – Federal Funding Page 8 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _____ Josh Chronley Interim Assistant Director of Contracts and Procurement Date: APPROVED AS TO LEGAL FORM _________________________________________________ Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3133 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 12/30/2020 VP benard gottschalk Revised 09.04.20 Attachment A- Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide demolition and asbestos abatement services to demolish the Booker T Washington School Building located at 1114 San Rankin Street, Corpus Christi, Texas 78401as outlined in this Scope of Work. 1.2 Scope of Work The Contractor shall provide all supervision, labor, transportation, tools, materials, and equipment necessary for the completion of services. All services must be performed in accordance with federal, state, local building codes and OSHA safety requirements, including but not limited to IBC 2015, IPC 2015. A. Contractor shall obtain demolition permit from Development Services. Submit Discontinuation of City Utilities Form 1017 with permit application. Form 1017 are provided in Attachment A-1. Lead and Asbestos reports are provided in Attachment A-2 and Attachment A-3. There are areas of the building with Asbestos Containing Materials and Lead-Based Paint. For bidding consistency, use $7,639.50 for the permit fee in your proposal. This is calculated as follows: •Demolition Fee - 25,500 SF x 0.027 = $742.50 •Plan Review Fee – 40% x $742.50 = $297.00 •Disposal Fee – 27,500 SF x $0.24 = $6,600.00 B. Contractor shall demolish the entire structure including the foundation and haul debris to an authorized disposal site. The building is approximately 27,500 SF. See Attachment A-4 for photo of the building. Implement all necessary controls and protective measures to protect and preserve surrounding oak trees from damage. C. Contractor shall selectively demolish and dispose of Asbestos Containing Material and Lead Based Paint in accordance with Federal, State, and Local DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Revised 09.04.20 requirements. All removal shall be in accordance with the Texas Asbestos Health Protection Rules. D. Contractor shall remove one personnel elevator which includes a hydraulic fluid reservoir approximately 10 gallons. The elevator and hydraulic fluid shall be disposed in accordance with all Federal, State, and Local requirements. E. Grade site as necessary to prevent water ponding and to promote positive drainage away from the site. Hydroseed and water as needed to establish vegetation. Contractor will be responsible for hauling water to the site. F. Contractor shall remove all debris from the job site. There shall be no visible debris on site upon completion. G. Contractor shall secure job site with a fence during demolition and cleanup. H. Note: The portable metal building located on the property is not part of this project. I. Demolish Concrete and Fence at the loading dock back to the nearest expansion joint. See illustration below. J. Contractor shall provide 500 CY of hauling in and spreading clean fill material after demolition is complete. Compaction testing is not required. K. 3rd Party Lead and Asbestos Monitoring will be contracted by the City. The Contractor shall follow the attached abatement work plan. TCLP lead samples will follow the attached ASTM Standard (E1908-20). 1.3 Invoicing The Contractor shall The Contractor shall submit invoice for services to the City. Invoice shall include: A. Work description, Purchase Order Number (PO#), Service Agreement Number, Location and date of Service and labor hours. B. Invoices shall be sent as follows: Original to Accounts Payable and a copy to facilitymaintenanceinvoicing@cctexas.com and one to the Contract Administrator. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Revised 09.04.20 Page 21 of 23 C. The Contractor shall include copies of Work order and Contractor Information Checklist (CIC) provided by Project Manager or designee. This is used as back-up for the invoice. Approval for payment shall be authorized by the Contract Administrator or Project Manager. D. Progress payments are not authorized. Invoice will be paid in full after completion and acceptance of the project. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions A. Contractor shall report to the Project Manager or designee at the location upon arrival. B. Any unauthorized changes or services performed by the Contractor, will be at the responsibility of the Contractor and not Asset Management-Facility Maintenance. C. The Contractor shall clean and haul away all debris. D. The Contractor shall commence work no more than 15 days from date of notice to proceed. E. After completion of inspection, Contractor shall report back to the Project Manager or designee. 1.6 Insurance and Bonds The Contractor shall provide a payment bond if the estimate of this project exceeds $50,000 and a performance bond if the estimate of this project exceeds $100,000 for the full amount of the contract. Insurance and bonds must be maintained throughout the term of the contract. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Attachment 1 1. Demolish Concrete and Fence at the loading dock back to the nearest expansion joint. See illustration below. Demolish Concrete shaded in red, and up to the expansion joint Demolish section of fence. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E City of Corpus Christi | Form No: DSD-1017 DATE: ______/______/_______ Check the type of permit that applies:Demolition Development Services Department 2406 Leopard St. Corpus Christi, TX 78408 | Phone: 361.826.3240 | Fax: 361.826.4375 | PermitRequests@cctexas.com Rev. 7/16/18 | Page 1 of 1 ATTACHMENT A-1 Discontinuation of City Utility Services Upon Issuance of a Demolition or House Move Permit House Move Upon issuance of a Demolition or House Move permit, work shall not commence for a period of 72 hours, unless ALL public and private utility line locations have been identified and the removal of City Gas utility meters and service pipe lines has been performed. The location of underground utilities requires a 48 hour notification and the removal of any under / above ground City Gas utilities requires a 24 hour notification. With my signature, I acknowledge that I understand and agree to abide by the policy; ________________________________ Contractor Name (Printed)Contractor Signature ____________________________ ___________________________________________________________________ Company Name Company Address Email Permit #__________________________ ___________________________________________________________________ ________________________________________________________________ Telephone Number ________________________________ Telephone Number ________________________________ Contact Name (Printed) Permit Address:______________________________________________________________ Street City Zip DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Astex Environmental Services 139 Braniff Drive.San Antonio,TX 78216 Phone:(210)828-9800 ·Fax:(210)829-4927 ENVIROMAS E SERvICES astex@astexinc.com www.astexinc.com September 9,2020 Max Jones Capital Improvements Program Manager City of Corpus Christi 1201 Leopard Street CB201196 Corpus Christi,TX 78401 (361)826-3389 maxi@cetexas.com Re:Lead-Based Paint (LBP)Inspection Report Booker Building Demolition -Two (2)Buildings 1114 Sam Rankin Street Corpus Christi,Texas 78401 Project No.:CB-20-1196 Mr.Jones: Pursuant to your request on September 2,2020,Mr.Arthur Vallejo,Texas Department of State Health Services (TDSHS),Lead Inspector,#2060891,of Astex Environmental Services (Astex),TDSHS Lead Firm #2110460,inspected the above referenced site located at 1114 Sam Rankin Street, Corpus Christi,Texas 78401 for the purpose of performing a visual examination as well as conducting a Lead-Based Paint (LBP)Survey.For this survey,Astex conducted lead-based paint testing utilizing a Niton X-Ray Fluorescence (XRF)portable paint analyzer. Summary of Results Utilizing the XRF,Astex secured a total of one hundred nine (109)individual paint readings from randomly selected interior &exterior surfaces.In accordance with the Environmental Protection Agency (EPA),and the Federal Housing and Urban Development (HUD)Guidelines, all XRF readings with levels at or above 1.0 mg/cm2 are considered to be positive for Lead content. ?The door components located in the foyer analyzed above 1.0 mg/cm2 and are identified as positive or lead containing. ?The exterior window casings analyzed above 1.0 mg/cm2 and are identified as positive or lead containing. ATTACHMENT A-2 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Lead-Based Paint (LBP)Inspection Report Booker Building Demolition -Two (2)Buildings I114 Sam Rankin Street,Corpus Christi,Texas 78401 This XRF testing was conducted in order to pre-determine the potential representative lead content of the building's components and it is important to note that this limited testing is not intended to identify all painted components that are or are not lead-containing but rather give an indication of a potential lead hazard that may be present. Conclusions Based on the above OSHA criteria and XRF testing,the following Conclusions are offered: ?A lead dust hazard is present on structural components for the Booker Buildings. ?Since this building is neither categorized as "target housing"nor a "child-occupied facility,"in accordance with the revised "HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing"(HUD Guidelines),it is exempt from the Federal HUD Regulations and the Texas Environmental Lead Reduction Rules (TELRR);however,the Occupational Safety and Health (OSHA)definition that ANY lead content identifled in paint could create a hazard of Lead Dust exposure if paint is deteriorated and/or disturbed. ?See XRF Component Specific Analytical Results attached. Recommendations ?OSHA Regulation,29 CFR 1926.62(d)(1)indicates employees performing lead-related tasks (e.g.manual demolition of structures,manual scraping,manual sanding,heat gun applications,and power tool cleaning with dust collection systems)should be monitored for exposure to lead particulate.Each contractor performing tasks with personnel on-site during disturbance of LBP components are solely responsible for the respiratory program for said company and personnel. ?Each contractor performing tasks with personnel on-site during disturbance of LBP components are solely responsible for developing and communicating Engineering Controls to be implemented to reduce employee exposure to lead for said company and personnel. ?In the United States,the Resource Conservation and Recovery Act (RCRA)of 1976 led to establishment of federal standards for the disposal of solid waste and hazardous waste. RCRA requires that industrial wastes and other wastes must be characterized following testing protocols published by EPA. ~A toxicity characteristic leaching procedure (TCLP)is a soil sample extraction method for chemical analysis employed as an analytical method to simulate leaching through a landfill.The testing methodology is used to determine if a waste is characteristically hazardous,i.e.,classified as one of the "D"listed wastes by the U.S.Environmental Protection Agency (EPA).The extract is analyzed for substances appropriate to the protocol (for this application Lead TCLP). Project No.:CB-20-1196 2 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Lead-Based Paint (LBP)Inspection Report Booker Building Demolition -Two (2)Buildings 1114 Sam Rankin Street,Corpus Christi,Texas 78401 ~AES recommends at least one (1)TCLP Lead sample be collected and delivered to a certified and licensed laboratory for the characterization of lead content by volume for the appropriate waste stream disposal (a list of licensed laboratories may be provided by and AES representative upon request). If you have any questions regarding any part of this report,please do not hesitate to call me at (210)828-9800. Sincerely, Astex Environmental Services TDSHS Lead Finn #2110460 St n Jimenez TDSHS Lead Risk Assessor #2071040 Project No.:CB-20-1196 3 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Lead-Based Paint (LBP)Inspection Report Booker Building Demolition -Two (2)Buildings 1114 Sam Rankin Street,Corpus Christi,Texas 78401 XRF ANALYTICAL RESULTS Project No.:CB-20-1196 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 1 P n a a n n nn a d i 1 111 2 2 2 2 2 2 u a u en u n a d e e DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 3 S §8 8 § u u u u u u u u u u u u u u u u u 2 1 o o o o o 1 1 H n n n nun n e e e er e e e n .n a e s s e DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Astex Environmental Services 139 Braniff Drive San Antonio,TX 78216 Index Time Type Duration Units Sequence Room Side Component Feature Substrate Results Action Level PhC 71 2020494214:56 PAINT 1.%mg/an^2 Fmal Infloor B door door wood Negaive 1.00 <LOD:0.46 73 2020494214:57 PAINT 1.%mg/an^2 Fmal Istfloor A door door wood Negaive LOO <LOD:0.03 74 202049.0214:58 PAINT 1.%mg/an^2 Fmal Istfloor B window asing wood Negaive 1.00 <LOD:0.24 75 2020Ã942 14 5 PAINT 1 ny /an ^2 Fmal st floor D built n casing wood Negadve 1.O OD 0.24 7 20204942 lÃ5 PAlÑT 2 mg an ^2 Fm st floor A all I er plæter egáve <LOD :0.03 77 2020.09.021500 PAINT 107 ng/an^2 Fmal 1stfloor B window casing wood Negaive 1.00 <LOD:0.33 78 20204942 15 00 PAINT 1 %mg /an ^2 Final 1st floor D builtdn casing wood Negmive 1.00 <LOD :0.23 79 202049421501 PAINT 1%mg/an^2 Fmal 1stfloor C chalkboard casing wood Negaive LOO <LOD:0.20 80 2020Ã97)2Í5 1 PAIN 06 n an^2 Fm I or D d asing wood egmÑe iÖÖ¯<LOD:0.18 81 202049421502 PAINT 1.07 mg/an^2 Fmal istfloor D door aning wood Negaive 100 <LOD:0.25 82 2020494215:02 PAINT 1.07 mg/an^2 Fmal 1stfloor D door door wood Negaive 1.00 <LOD:0.36 83 2ÖZÖZ942Ï502 PAINT 107 ng/an^2 Fmal 1stfloor D door door wood Negaive 1.00 <LOD:0.18 84 2020494215:03 PAINT 1.07 mg/an^2 Fmal Istfloor D door asing wood Negmive 1.00 <LOD:0.22 85 25ÖZ942Ï 0 PAfN 276 mg an^2 Fmal Istiloor wall o er plaster Neggive .00 L D:3.05 0204942 IlÃ5 PÃIÑT 1.16 mg an 2 linal 1st floor B window asing w I Ñegmive 1.00 <LOD :0.71 87 2020490215:05 PAINT l.07 ng/an^2 Fmal 1stfloor D door aming wood Negaive 1.00 <LOD:0.20 88 202049421506 PAINT l.07 mg/an^2 Fmal Istfloor A door door wood Negaive 100 <LOD:0.59 __.__.............. NeÃve ÎÖ0 LO :.04 020Z9.02 15 07 PÃIN 1 mg7an^Z F lst fioo door asir g wood Ñegaive I 0 <:2 91 202049421507 PAINT 1.06 ng/an^2 Fmal 1stfloor B window asing wood Negaive 1.00 <LOD:0.24 92 202049.0215:08 PAINT 1.07 mg/an^2 Fmal 1stfloor B abina asing wood Negmive 1.00 <LOD:0.14 93 2020494215:10 PAINT LI7 mg/an^2 Fmal esterior sur aming me Negaive 1 0 LOD:060 94 2020494215:10 PAINT l.06 mg/an^2 Final caerior A stair aning maal Negaive 1.00 <LOD:0.32 95 2020494215:11 PAINT 1.07 mg/an^2 Fmal ecterior A stár asing maal Negaive 1.00 <LOD:0.39 %2020-09-0215:12 PAINT 3.08 mg/cm^2 Fmal extaior A windmv casing wood Positive 1.00 2.20 ±l.00 97 2020-09-02 15:12 PA INT 2.55 mg /an ^2 Final extaior A windmv casing wood Positive 1.00 2.90 ±l.90 98 2020494215:15 PAINT 1.07 mg/an^2 Fmal esteier B wdl lower wood Negaive 1.00 <LOD:0.03 99 2020494215:15 PAINT LO7 ng/an^2 Fmal exterior B wdl lower wood Negaive 1.00 <LOD:0.03 ÍÖ 2Ö204ÑÊÏ5 1 PÄÏN mg an ^2 Fm e<taior door sing ood Negmive i 0 <iOÖ 0 36 löl 2Ö20Ä9Êl?:19 PAINT 06 mg/an^2 n I ecterior A staÏr handrail metal Ñcgá¯ve 10 LOD:0.17 102 2020494215:19 PAINT 1.06 mg/an^2 Fmal esteior A stair hædrál nxtal Negmive 1.00 <LOD:0.09 103 2020494215:19 PAINT 1.06 mg/an^2 Fmal esterior A stair handrál maal Negaive 1.00 <LOD:0.35 104 202049421520 PAINT 1.06 mg/an^2 Fmal exterior A star hædrál nrtal Negaive 1.00 <LOD:0.09 105 2020-09421520 PAINT 1.07 mg/an^2 Fmal e<terior A door casing wood Negaive 1.00 <LOD:0.03 106 2020494215.21 PAINT 1.06 ng/an^2 Fmal e<terior A star hædrál maal Negaive 1.00 <LOD:0.98 Page 3 of4 09/10/20 16:40:50 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E e E 3 i e 9 8 8 e e e e ! 2 2 2 s a a i N e Q. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Lead-Based Paint (LBP)Inspection Report Booker Building Demolition -Two (2)Buildings 1114 Sam Rankin Street,Corpus Christi,Texas 78401 PHOTOS Project No.:CB-20-1196 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Lead-Based Paint (LBP)Inspection Report Booker Building Demolition -Two (2)Buildings 1114 Sam Rankin Street,Corpus Christi,Texas 78401 Photo 01 Photo 02 Photo 03 Photo 04 Photo 05 Photo 06 Project No.:CB-20-11% DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Lead-Based Paint (LBP)Inspection Report Booker Building Demolition -Two (2)Buildings 1114 Sam Rankin Street,Corpus Christi,Texas 78401 LICENSES /CERTIFICATIONS Project No.:CB-20-1196 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Texas Department of State Health Services BE IT KNOWN THAT JEFF ZUNKER SPECIALTY PRODUCTS INC DBA ASTEX ENVIRONMENTAL SERVICES is cerdEed to perfonn as a Lead Firm in the Sta te o f Texas and is hereby governed by the nghts,påvileges and responsibiÍides set Eorth in Texas occupadons Code,Chapter 1955 and Title 25,Texas Administradve Code,Chapter 295 reladng to Texas Environmental Lead Reduction,as long as this license is not suspended or revoked. Cerâßca don Number:2110460 Expira don Date:11/05/2020 John HeUerstedt,MD., Contt of Number:7023 Commissioner ofHealth (VoidAker Expira don Date) VOID IF ALTERED NON-TRANSFERABLE SEE BACK DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Department of State lIealth Services certifies that STEPHEN P JIMENEZ is certified as a . Lead Risk Assessor e Certification No;2071040 Control No:7611 John Hellerstedt,M.D., Expires:4/26/2021 Commissioner of Health Texas Department of State Health Services BE IT KNOWN THA T STEPHEN P JIMENEZ is cerüßed to perform as a Lead Risk Assessor in the State of Texas and is hereby goVemed Õf the Dghts,pliViieges and responsibiÌides set forth in Texas Occupadons Code,Chapter 1955 and Title 25,Texas Administrative Code,Chapter 295 reladng to Texas Environtnental Lead Reducdon,as long as this license is not suspended or revoked. CerdEcadon Number:2071040 Expiadon Date:04/26/2021 John Hellerstedt,MD., Control Number:7611 Commissioner ofHealth (VoidAfter Erpiradon Date) VOID IF ALTERED NON-TRANSFERABLE SEE BACK DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E E* *TEXAS Department rd State Health Services LiCense Number:2060891 Current Date:09/10/2020 06:04 PM Name:VALLEJO,ARTHUR H License Type:Lead InspeCtor License Status:Current Expiry Date:03/31/2021 Effective Rank Date:04/01/2015 Addresses Mailing Address Address VALLEJO,ARTHUR H CORPUS CHRISTI ,TX NUECES 78415 Us Phone Number:2102546997 Main Address Address CoRPUS CHRISTI ,TX NUECES 78415 US DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Astex Environmental Services 139 Braniff Drive·San Antonio,TX 78216 Phone:(210)828-9800 ·Fax:(210)829-4927 ENVIRoNMENT SERVIcES astex@astexinC.COM WWW.asteXinc.Com September 8,2020 Max Jones CB201196 Capital Improvements Program Manager City of Corpus Christi 1201 Leopard St. Corpus Christi,TX 78469 (361)826-3389 max j@cetexas.com Re:Asbestos Survey Booked Buildings Demolition -Two (2)Buildings 1114 Sam Rankin Street Corpus Christi,Texas 78401 Project No.:CB-20-1196 Mr.Jones: The following are the results of the asbestos testing conducted by Mr.Arthur H.Vallejo,Texas Department of State Health Services (TDSHS)Asbestos Inspector #60-2313,of Astex Environmental Services (AES)at the above referenced project.On September 3,2020,a total of sixty-nine (69)samples of suspect asbestos containing building materials were collected.These samples were sent to Environmental Analytical Services,L.L.C.,Houston,Texas,TDSHS Laboratory License No.:30-0373,for analysis by Polarized Light Microscopy (PLM)in accordance with EPA 600/R-93/116 Method. Asbestos is a naturally occuiTing mineral that is distinguished from other minerals by the fact that it occurs in long,thin fibers.Its characteristics are that it does not burn,it is strong,it conducts heat and electricity poorly,and it is impervious to chemical corrosion,therefore, asbestos was utilized in numerous construction materials.Typically,asbestos containing materials (ACM)can be found as:fireproofing material on the steel beams of multi-story buildings;roofing shingles,felts,and tars;floor tiles and mastic,acoustic ceiling and wall textures;joint compound;and Thermal System Insulation (TSI)for pipes,ducts,and joints.Over a period of years these asbestos-containing materials may become friable,that is pulverized by hand pressure,thus releasing fibers into the air. Limitations: The results,findings and conclusions documented in this report are based solely on conditions observed the day(s)of the inspection (Photos Appendix B).AES and its assigns make no ATTACHMENT A-3 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Asbestos Satruey Booked Buildings Demolition 1114 Sam Rankin Street,Corpus Christi,TX 78401 representations or assumptions as to past or future conditions of the premises or building material content.AES representatives executed the enclosed ACBM inspection in areas (as directed by those authorizing the work to be done)that may be impacted during future maintenance, renovation or demolition tasks.Unless directed otherwise,inspection methods used were non- destructive;that is,existing materials were not significantly disturbed or demolished in order to verify the presence of hidden ACBM.As in all ACBM testing events,bulk samples (small physical specimens)are required and were collected in the most discrete method possible in order to maintain the visual appearance of the premises.AES is not responsible for damage or repair to areas where bulk samples were required to satisfy the authorized work to be completed. The building owner,tenant,personnel and their authorized contractors are solely responsible for reviewing and communicating with their personnel the content of the enclosed ACBM's tested (whether they tested positive for ACM or not).Furthermore,inaccessible materials (i.e.areas where no access was possible or permitted)were not documented or tested.Additional materials found that do not appear to match the description of the enclosed sample results must be tested prior to disturbance.Materials visually identified as non-asbestos were not sampled (i.e. fiberglass,foam rubber,wood,carpet,glass,etc). As authorized,this report has been generated to comply with regulatory requirements and assist in the identification of ACBM at the project site.The enclosed is not intended to be utilized as a State required asbestos abatement work plan (Design Specification)or as a bidding document for asbestos abatement.AES licensed and certified personnel are available to assist with said documentation if it is required for this project. Sample No.Material Location Results 1196-01 9 x 9 Vinyl Floor Tile with 2"d Floor Floor Tile associated Black Mastic -Tan Chrysotile 10% Black Tar Mastic Chrysotile 5% 1196-02 9 x 9 Vinyl Floor Tile with 2"d Floor Positive Stop associated Black Mastic -Tan 1196-03 9 x 9 Vinyl Floor Tile with 2"d Floor Positive Stop associated Black Mastic -Tan 1196-04 12 x 12 Ceiling Tile-Worm Hole 2"d Floor None Detected 1196-05 12 x 12 Ceiling Tile-Worm Hole 2nd Floor None Detected 1196-06 12 x 12 Ceiling Tile-Worm Hole 2"d Floor None Detected 1196-07 Plaster Wall Material 2nd Floor None Detected 1196-08 Plaster Wall Material 2nd Floor None Detected 1196-09 Plaster Wall Material 2nd Floor None Detected 1196-10 Window Glazing 2"d Floor (Exterior)None Detected 1196-11 Window Glazing 2nd Floor (Exterior)None Detected 1196-12 Window Glazing 2"d Floor (Exterior)None Detected Project No.:CB-20-1196 2 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Asbestos Survey Booked Buiklings Demolition 1114 Sam Rankin Street,Corpus Christi,TX 78401 Sample No.Material Location Results 1196-13 Transite Pipe 2"d Floor R/R Pipe Chrysotile 40% Chase 1196-14 Transite Pipe 2"d Floor R/R Pipe Positive Stop Chase 1196-15 Transite Pipe 2"d Floor R/R Pipe Positive Stop Chase 1196-16 12 x 12 Floor Tile with 2"d Floor South Floor Tile associated Black Tar Mastic -End Chrysotile 5% Tan Black Tar Mastic Chrysotile 5% 1196-17 12 x 12 Floor Tile with 2"d Floor South Positive Stop associated Black Tar Mastic --End Tan 1196-18 12 x 12 Floor Tile with 2"d Floor South Positive Stop associated Black Tar Mastic -End Tan 1196-19 12 x 12 Ceiling Tile -Smooth 2"d Floor South End None Detected Surface 1196-20 12 x 12 Ceiling Tile -Smooth 2"d Floor South End None Detected Surface 1196-21 12 x 12 Ceiling Tile -Smooth 2"d Floor South End None Detected Surface 1196-22 12 x 12 Ceiling Tile Glue 2nd Floor None Detected Throughout 1196-23 12 x 12 Ceiling Tile Glue 2nd Floor None Detected Throughout 1196-24 12 x 12 Ceiling Tile Glue 2nd Floor None Detected Throughout 1196-25 9 x 9 Floor Tile with 1"Floor Floor Tile associated Black Mastic-(Cafeteria)Chrysotile 10% Cream with Brown Spots Black Tar Mastic Chrysotile 5% 1196-26 9 x 9 Floor Tile with 1"Floor Positive Stop associated Black Mastic-(Cafeteria) Cream with Brown Spots 1196-27 9 x 9 Floor Tile with 1"Floor Positive Stop associated Black Mastic-(Cafeteria) Cream with Brown Spots 1196-28 4 x 2 Ceiling Tile -Worm Hole 18'Floor (Cafeteria)None Detected 1196-29 4 x 2 Ceiling Tile -Worm Hole 18'Floor (Cafeteria)None Detected 1196-30 4 x 2 Ceiling Tile -Worm Hole 18'Floor (Cafeteria)None Detected 1196-31 Interior Wall Brick Mortar 1"Floor (Cafeteria)None Detected 1196-32 Interior Wall Brick Moitar 18'Floor (Cafeteria)None Detected 1196-33 Interior Wall Brick Moitar 18'Floor (Cafeteria)None Detected Project No.:CB-20-11%3 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Asbestos Survey Booked Buildings Demolition 1114 Sam Rankin Street,Corpus Christi,TX 78401 Sample No.Material Location Results 1196-34 Ceiling Texture l®'Floor (Kitchen)None Detected 1196-35 Ceiling Texture 18l Floor (Kitchen)None Detected 1196-36 Ceiling Texture 18'Floor (Kitchen)_None Detected 1196-37 12 x 12 Floor Tile with Yellow 18'Floor (Kitchen)None Detected Adhesive -Cream 1196-38 12 x 12 Floor Tile with Yellow 18'Floor (Kitchen)None Detected Adhesive -Cream 1196-39 12 x 12 Floor Tile with Yellow 18'Floor (Kitchen)None Detected Adhesive -Cream 1196-40 Transite Kick Panel 18'Floor Chrysotile 40% (Cafeteria) 1196-41 Transite Kick Panel 18'Floor Positive Stop (Cafeteria) 1196-42 Transite Kick Panel 18'Floor Positive Stop (Cafeteria) 1196-43 Sheetrock/Joint Compound 18'Floor Chrysotile 2% Point Count:(Storage Area)PC:0.25% 1196-44 Sheetrock/Joint Compound 1"Floor Chrysotile 2% Point Count:(Storage Area)PC:0.50% 1196-45 Sheetrock/Joint Compound 18'Floor Chrysotile 2% Point Count:(Storage Area)PC:0.25% 1196-46 12 x 12 Floor Tile with Mastic 1"Floor Chrysotile 5%-Yellow (South End) 1196-47 12 x 12 Floor Tile with Mastic 1"Floor Positive Stop-Yellow (Central) 1196-48 12 x 12 Floor Tile with Mastic 1"Floor Positive Stop-Yellow (North End) 1196-49 9 x 9 Floor Tile with 1"Floor Floor Tile associated Black Mastic -Tan (North End)Chrysotile 10% Black Tar Mastic Chrysotile 5% 1196-50 9 x 9 Floor Tile with 18'Floor Positive Stop associated Black Mastic -Tan (North End) 1196-51 9 x 9 Floor Tile with 18'Floor Positive Stop associated Black Mastic -Tan (North End) 1196-52 12 x 12 Floor Tile with 1"Floor Black Tar Mastic associated Black Mastic -Red (North End)Chrysotile 5% 1196-53 12 x 12 Floor Tile with 1"Floor Positive Stop associated Black Mastic -Red (North End) 1196-54 12 x 12 Floor Tile with 1"Floor Positive Stop associated Black Mastic -Red (North End) 1196-55 12 x 12 Floor Tile with 1"Floor Black Tar Mastic associated Black Mastic -(North End)Chrysotile 5% Green Project No.:CB-20-11%4 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Asbestos Survey Booked Buildings Demolition 1114 Sam Rankin Street,Corpus Christi,TX 78401 Sample No.'Material Location Results 1196-56 12 x 12 Floor Tile with 18'Floor Positive Stop associated Black Mastic -(North End) Green 1196-57 12 x 12 Floor Tile with 18'Floor Positive Stop associated Black Mastic -(North End) Green 1196-58 1 x 1 Ceiling Tile -Smooth 18'Floor None Detected (North End) 1196-59 1 x 1 Ceiling Tile -Smooth 18'Floor None Detected (North End) 1196-60 1 x 1 Ceiling Tile -Smooth 18'Floor None Detected (North End) 1196-61 Exterior Transite Panels Exterior Chrysotile 40% 1196-62 Exterior Transite Panels Exterior Positive Stop 1196-63 Exterior Transite Panels Exterior Positive Stop 1196-64 Interior Wall Mastic Behind Wood None Detected Paneling Throughout 1196-65 Interior Wall Mastic Behind Wood None Detected Paneling Throughout 1196-66 Interior Wall Mastic Behind Wood None Detected Paneling Throughout 1196-67 Roofing Material Rooftop None Detected 1196-68 Roofing Material Rooftop None Detected 1196-69 Roofing Material Rooftop None Detected CONCLUSIONS AND RECOMMENDATIONS: Based on the analytical results found in Appendix A,the following conclusions and recommendations are offered: 1.All the following building materials have been laboratory analyzed to be asbestos containing and must be removed if the materials are to be disturbed during renovation/demolition: ?All 9 x 9 Tan floor tile with associated black mastic on 2"d noor and where found throughout. ?All Transite Pipe on 2"d floor restroom pipe chase and where found throughout. ?All 12 x 12 Tan floor tile with associated black mastic on 2"4 floor south end and where found throughout. Project No.:CB-20-1196 5 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Asbestos Survey Booked Buildings Demolition 1114 Sam Rankin Street,Corpus Christi,TX 78401 ?All 9 x 9 Cream with Brown Spots floor tile with associated mastic on 1" floor cafeteria and where found throughout. ?All Transite Kick Panel on 1"floor cafeteria and where found throughout. ?All 12 x 12 Yellow floor tile with associated black mastic on 18'floor and where found throughout. ?All 9 x 9 Tan floor tile with associated black mastic on 18'floor north end and where found throughout. ?All 12 x 12 Red floor tile with associated black mastic on 18'floor north end and where found throughout. ?All 12 x 12 Green floor tile with associated black mastic on 1"floor north end and where found throughout. ?All Exterior Transite Panels where found throughout. ?Roof access was not available on the date of inspection.The roof parapet mastic present at the exterior wall flashing is assumed to be asbestos containing unless otherwise sampled prior to demolition or otherwise disturbing this material. 2.The asbestos containing material listed above must be removed by a Texas licensed Asbestos Abatement Contractor under the supervision of a Texas Consultant prior to demolition (e.g.Astex Environmental Services). 3.The Texas Asbestos Health Protection Rules (TAHPR)require all abatement or removal projects not under an Operation and Maintenance Program be designed (specifications and drawings)by a Texas licensed Asbestos Consultant (TAHPR 295.34 (g),Management in Facilities and Public Buildings). Additionally,a TDSHS Licensed Project Manager/Air Monitor (daily on-site air monitoring)must monitor all projects (TAHPR 295.58,General Requirements for Public Building).Astex Environmental Services is licensed to provide all the above referenced tasks. If you or any permitting agencies have questions regarding this report I can be reached at (210) 828-9800. Sincerely Arturo De La Torre Date TDSHS Asbestos Inspector License #60-3795 Stephen Jimenez Date TDSHS Asbestos Individual Consultant #10-5764 Astex Environmental Services TDSHS Asbestos Consulting Agency #10-0436 Project No.:CB-20-1196 6 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E APPENDIX A LABORATORY ANALYTICAL RESULTS DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 60VirontD60ta{13201 Northwest Freeway,Suite 520 Houston,Texas 77040 phone 713-343-4017 |fax 713-934-9942 6tViC6,Lt..4,www.easlabs.com |facebook.com/easlabs I info@easlabs.com TeSt:EPA 600/R-93/116 Polarized Light MicroScopy Client Information:Project:Date Analyzed:09/08/2020 10:35 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #.Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected . Lab ID #Percent Fibers Material (Yes/No) Tan 1196-01 Other Non-Fibrous A Floor Tile YES Chrysotile 10% 20090401.01 90% Homogeneous Black 1196-01 Tar B .YES Chrysotile 5%Bitumen 9S% 20090401.01 Mastic Homogeneous 1196-02 Not Analyzed Postive Stop20090401.02 1196-03 Not Analyzed Postive Stop20090401.03 Brown/White 1196-04 Fibrous Binders /Paint A NO None Detected Cellulose 90% 20090401.04 Ceiling Tile 10% Non-Homogeneous Brown/White 1196-05 Fibrous Binders /Paint A NO None Detected Cellulose 90% 20090401.05 Ceiling Tile 10% Non-Homogeneous NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (fioor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Govemment.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to E AS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner In which the results are used or interpreted.Unless notified in writing to retum the samples covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed By:MT'Approved Signatory:MT Terry Brindley Terry Brindley Page 1 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 60Vironment3{13201 Northwest Freeway,Suite 520 Houston,Texas 77040 phone 713-343-4017 |fax 713-934-9942 ,tvices,L.L(.,www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light Microscopy Client Information:Project:Date Analyzed:09/08/2020 10:02 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #. .Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected . Lab ID #Percent Fibers Material (Yes/No) Brown/White 1196-06 Fibrous Binders /Paint A NO None Detected Cellulose 90% 20090401.06 Ceiling Tile 10% Non-Homogeneous Gray 1196-07 Granular Other Non-Fibrous A NO None Detected 20090401.07 Plaster 100% Homogeneous Gray 1196-08 Granular Other Non-Fibrous A NO None Detected 20090401.08 Plaster 100% Homogeneous Gray 1196-09 Granular Other Non-Fibrous A NO None Detected 20090401.09 Plaster 100% Homogeneous White1196-10 Binders /Paint A Glazing NO None Detected Cellulose 2% 20090401.10 98% Non-Homogeneous NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated Visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to EAS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner in which the results are used or Interpreted.Unless notified In writing to return the samples covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed By:0 Approved Signatory:MT Terry Brindley Terry Brindley Page 2 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 60Vironm¢nta{13201 Northwest Freeway,suite 520 Houston,Texas 77040 phone 713-343-4017 |fax 713-934-9942 rVIC&6,l..l.4 www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light MiCrosCopy Client Information:Project:Date Analyzed:09/08/2020 10:02 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #..Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected . Lab ID #Percent Fibers Material (yes/No) White 1196-11 Binders /Paint A Glazing NO None Detected Cellulose 2% 20090401.11 98% Non-Homogeneous White 1196-12 Binders /Paint A Glazing NO None Detected Cellulose 2% 20090401.12 98% Non-Homogeneous Gray 1196-13 Fibrous A YES Chrysotile 40%Binders 60% 20090401.13 Transite Homogeneous 1196-14 Not Analyzed Postive Stop20090401.14 1196-15 Not Analyzed Postive Stop20090401.15 Tan 1196-16 Other Non-Fibrous A Floor Tile YES Chrysotile 5% 20090401.16 95% Homogeneous NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to EAS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liabiHty is assumed for the manner in which the results are used or interpreted.Unless notified in writing to return the samples covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed By:ANf'Approved Signatory:^r' Terry Brindley Terry Brindley Page 3 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 60VIF00M60Ì3{13201 Northwest Freeway,suite 520 Houston,Texas 77040 phone 713-343-4017 |fax 713-934-9942 ,orVICSS,L.LC www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light Microscopy Client Information:Project:Date Analyzed:09/08/2020 10:43 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #. .Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected Lab ID #Percent Fibers Material (Yes/No) Black 1196-16 Tar B .YES Chrysotile 5%Bitumen 95% 20090401.16 Mastic Homogeneous 1196-17 Not Analyzed Postive Stop20090401.17 1196-18 Not Analyzed Postive Stop20090401.18 Brown/White 1196-19 Fibrous Binders /Paint A NO None Detected Cellulose 90% 20090401.19 Ceiling Tile 10% Non-Homogeneous Brown/White 1196-20 Fibrous Binders /Paint A NO None Detected Cellulose 90% 20090401.20 Ceiling Tile 10% Non-Homogeneous NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too smail to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to EAS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner in which the results are used or Interpreted.Unless notified in writing to return the sampfes covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed By:A9'Approved Signatory:MT'/t.-- Terry Brindiey Terry Brindley Page 4 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 60Vironmønt3{13201 Northwest Freeway,Suite 520 Houston,Texas 77040 phone 713-343-4017 |fax 713-934-9942 )StViC66,L.L.C www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light MicrosCopy Client information:Project:Date Analyzed:09/08/2020 10:02 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #.Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected Lab ID #Percent Fibers Material (Yes/No) Brown/White 1196-21 Fibrous Binders /Paint A NO None Detected Cellulose 90% 20090401.21 Ceiling Tile 10% Non-Homogeneous 1196-22 Brown A Glue NO None Detected Cellulose 2%Adhesive 98% 20090401.22 Homogeneous 1196-23 Brown A Glue NO None Detected Cellulose 2%Adhesive 98% 20090401.23 Homogeneous 1196-24 Brown A Glue NO None Detected Cellulose 2%Adhesive 98% 20090401.24 Homogeneous Tan 1196-25 Other Non-Fibrous 20090401.25 A Floor Tile YES Chrysotile 10%90% Homogeneous Black 1196-25 Tar B .YES Chrysotile 5%Bitumen 95% 20090401.25 Mastic Homogeneous NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to E AS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner In which the results are used or interpreted.Unless notified in writing to return the samples covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are est1mates and not absolute percent range values. Analyzed By:£^Approved Signatory:£^ Terry Brindley Terry Brindley Page 5 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 6nVirontDønta{13201 Northwest Freeway,suite 520 Houston,Texas 77040 phone 713-343-4017 |fax 713-934-9942 ryices,LL(,www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light Microscopy Client information:Project:Date Analyzed:09/08/2020 10:35 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #..Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected . Lab ID #Percent Fibers Material (Yes/No) 1196-26 20090401.26 Not Analyzed Postive Stop 1196-27 20090401.27 Not Analyzed Postive Stop Pink/White 1196-28 Fibrous Cellulose 40%Binders /Paint A NO None Detected 20090401.28 Ceiling Tile Fiberglass 40%20% Non-Homogeneous Pink/White 1196-29 Fibrous Cellulose 40%Binders /Paint A NO None Detected 20090401.29 Ceiling Tile Fiberglass 40%20% Non-Homogeneous Pink/White 1196-30 Fibrous Cellulose 40%Binders /Paint A NO None Detected 20090401.30 Ceiling Tile Fiberglass 40%20% Non-Homogeneous Gray1196-31 Other Non-Fibrous A Mortar NO None Detected 20090401.31 100% Homogeneous NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to EAS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner In which the results are used or interpreted.Unless notified in writing to return the samples covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed By:^d'Approved Signatory:d' Terry Brindley Terry Brindley Page 6 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 60Vironm¢nt3{13201 Northwest Freeway,Suite 520 Houston,Texas77040 phone 713-343-4017 |fax 713-934-9942 a tvic¢$,Î-Î-É.',www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light Microscopy Client information:Project:Date Analyzed:09/08/2020 10:43 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #.Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected . Lab ID #Percent Fibers Material (Yes/No) Yellow 1196-37 B Mastic NO None Detected Cellulose 2%Adhesive 98% 20090401.37 Homogeneous Cream 1196-38 Other Non-Fibrous A Floor Tile NO None Detected 20090401.38 100% Homogeneous Yellow 1196-38 B Mastic NO None Detected Cellulose 2%Adhesive 98% 20090401.38 Homogeneous Cream 1196-39 Other Non-Fibrous A Floor Tile NO None Detected 20090401.39 100% Homogeneous Yellow 1196-39 B Mastic NO None Detected Cellulose 2%Adhesive 98% 20090401.39 Homogeneous Gray 1196-40 Fibrous A YES Chrysotile 40%Binders 60% 20090401.40 Transite Homogeneous NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to EAS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner in which the results are used or interpreted.Unless notified In writing to return the samples covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed By:BT'Approved Signatory:hT Terry Brindley Terry Brindley Page 8 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 60Vironmonta{13201 Northwest Freeway,Suite 520 Houston,Texas 77040 phone 713-343-4017 |fax 713-934-9942 a tvicos,l_.L(,,www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light MiCroscopy Client Information:Project:Date Analyzed:09/08/2020 10:02 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 7841S Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #..Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected Lab ID #Percent Fibers Material (Yes/No) 1196-41 20090401.41 Not Analyzed Postive Stop 1196-42 20090401.42 Not Analyzed Postive Stop White1196-43 A Joint Compound YES Chrysotile 2%Binders 98% 20090401.43 Homogeneous Brown/White 1196-43 Fibrous B NO None Detected Cellulose 20%Binders 80% 20090401.43 Drywall Non-Homogeneous White1196-44 A Joint Compound YES Chrysotile 2%Binders 98% 20090401.44 Homogeneous Brown/White 1196-44 Fibrous B NO None Detected Cellulose 20%Binders 80% 20090401.44 Drywall Non-Homogeneous NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to EAS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner in which the results are used or interpreted.Unless notified in writing to return the samples covered by this report,EAS will store the samples for a period of ninety (90)days before discarding,Percent ranges reported are estimates and not absolute percent range values. Analyzed By:Approved Signatory: Terry Brindley Terry Brindley Page 9 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 60Vironm60ta{13201 Northwest Freeway,Suite 520 Houston,Texas77040 phone 713-343-4017 |fax 713-934-9942 FVIC6,LLC.www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light Microscopy Client Information:Project:Date Analyzed:09/08/2020 10:02 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #..Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected . Lab ID #Percent Fibers Material (Yes/No) White 1196-45 A Joint Compound YES Chrysotile 2%Binders 98% 20090401.45 Homogeneous Brown/White 1196-45 Fibrous B NO None Detected Cellulose 20%Binders 80% 20090401.45 Drywall Non-Homogeneous Yellow1196-46 Other Non-Fibrous A Floor Tile NO None Detected 20090401.46 100% Homogeneous Black 1196-46 Tar B .YES Chrysotile 5%Bitumen 95% 20090401.46 Mastic Homogeneous 1196-47 Not Analyzed Postive Stop20090401.47 1196-48 Not Analyzed Postive Stop20090401.48 NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to EAS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner in which the results are used or Interpreted.Unless notified in writ1ng to return the sampfes covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed By:P^(/t-Approved Signatory:M^(' Terry Brindley Terry Brindley Page 10 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E DVironmont3{13201 Northwest Freeway,Suite 520 Houston,Texas77040 phone 713-343-4017 |fax 713-934-9942 FVIC66,LLC www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light MiCrosCopy Client Information:Project:Date Analyzed:09/08/2020 10:35 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #.Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected . Lab ID #Percent Fibers Material (Yes/No) Tan1196-49 Other Non-Fibrous A Floor Tile YES Chrysotile 10% 20090401.49 90% Homogeneous Black 1196-49 Tar B .YES Chrysotile 5%Bitumen 95% 20090401.49 Mastic Homogeneous 1196-50 Not Analyzed Postive Stop20090401.50 1196-51 Not Analyzed Postive Stop20090401.51 Red1196-52 Other Non-Fibrous A Floor Tile NO None Detected Cellulose 10% 20090401.52 90% Homogeneous Black 1196-52 Tar B YES Chrysotile 5%Bitumen 95% 20090401.52 Mastic Homogeneous NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfleld analysis of bulk material is recommended in this case.All asbestos percentages are based on ?calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to EAS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner in which the results are used or Interpreted.Unless notifled in writing to retum the samples covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed By:Þ^('Approved Signatory:7' Terry Brindley Terry Brindley Page 11 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 60Vironm¢nta{13201 Northwest Freeway,suite 520 Houston,Texas 77040 phone 713-343-4017 |fax 713-934-9942 ,orViCM,LL£.www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light Microscopy Client Information:Project:Date Analyzed:09/08/2020 10:55 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #. .Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected Lab ID #Percent Fibers Material (Yes/No) 1196-53 Not Analyzed Postive Stop20090401.53 1196-54 Not Analyzed Postive Stop20090401.54 Green1196-55 Other Non-Fibrous A Floor Tile NO None Detected Cellulose 5% 20090401.55 95% Homogeneous Black 1196-55 Tar B YES Chrysotile 5%Bitumen 95% 20090401.55 Mastic Homogeneous 1196-56 Not Analyzed Postive Stop20090401.56 1196-57 Not Analyzed Postive Stop20090401.57 NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the Items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to EAS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner In which the results are used or interpreted.Unless notified in writing to return the samples covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed By:P1'Approved Signatory:/P7'/ Terry Brindley Terry Brindley Page 12 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E nVironmenta{13201 Northwest Freeway,Suite 520 Houston,Texas 77040 phone 713-343-4017 |fax 713-934-9942 ryjces,LL(,,www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light Microscopy Client Information:Project:Date Analyzed:09/08/2020 11:02 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #. .Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected . Lab ID #Percent Fibers Material (Yes/No) Brown/White 1196-58 Fibrous Binders /Paint A NO None Detected Cellulose 90% 20090401.58 Ceiling Tile 10% Non-Homogeneous Brown/White 1196-59 Fibrous Binders /Paint A NO None Detected Cellulose 90% 20090401.59 Ceiling Tile 10% Non-Homogeneous Brown/White 1196-60 Fibrous Binders /Paint A NO None Detected Cellulose 90% 20090401.60 Ceiling Tile 10% Non-Homogeneous Gray 1196-61 Fibrous A YES Chrysotile 40%Binders 60% 20090401.61 Transite Homogeneous 1196-62 20090401.62 Not Analyzed Postive Stop NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to EAS'current terms of safe,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner in which the results are used or Interpreted.Unless notified in writing to return the samples covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed By:Approved Signatory: Terry Brindley Terry Brindley Page 13 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 60Vironmonta{13201 Northwest Freeway,suite 520 Houston,Texas 77040 phone 713-343-4017 |fax 713-934-9942 orVIC¢S,LL(,www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light Microscopy Client Information:Project:Date Analyzed:09/08/2020 10:02 AM Asbestos Mold Inspections Coastal Bend Booked Buildings Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #. .Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected . Lab ID #Percent Fibers Material (Yes/No) 1196-63 20090401.63 Not Analyzed Postive Stop 1196-64 Brown A Mastic NO None Detected Cellulose 2%Adhesive 98% 20090401.64 Homogeneous 1196-65 Brown A Mastic NO None Detected Cellulose 2%Adhesive 98% 20090401.65 Homogeneous 1196-66 Brown A Mastic NO None Detected Cellulose 2%Adhesive 98% 20090401.66 Homogeneous Black 1196-67 Tar A NO None Detected Cellulose 2%Bitumen 98% 20090401.67 Roofing Material Homogeneous Black 1196-68 Tar A NO None Detected Cellulose 2%Bitumen 98% 20090401.68 Roofing Material Homogeneous NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.A11 asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,dependin6 on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to EAS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner in which the results are used or interpreted.Unless notified in writing to return the samples covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed By:MT'Approved Signatory: Terry Brindley Terry Brindley Page 14 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 60Vironmenta{13201 Northwest Freeway,Suite 520 Houston,Texas 77040 phone 713-343-4017 |fax 713-934-9942 ,$gryjces,LL(,www.easlabs.com |facebook.com/easlabs |info@easlabs.com Test:EPA 600/R-93/116 Polarized Light Microscopy Client information:Project:Date Analyzed:09/08/2020 11:02 AM Asbestos Moid Inspections Coastal Bend Booked Buildlngs Demo 2732 S Padre Island Dr 1114 Sam Ranking St,Corpus Date Received:09/04/2020 11:00 AM Corpus Christi,TX 78415 Christi,TX Phone:210-828-9800 CB-20-196 TAT Requested:1 Day E-Mail:jeffzunker@astexinc.com EAS Job:20090401 Microscope:PLM Olympus BH-2 Attn:Jeff Zunker Asbestos Sample #. .Asbestos Mineral Non-Asbestos Non-Fibrous Layer Sample Description Detected Lab ID #Percent Fibers Material (Yes/No) Black 1196-69 TarA NO None Detected Cellulose 2%Bitumen 98% 20090401.69 Roofing Material Homogeneous NVLAP Lab Code:200784-0 TDSHS License No.300373 LDEQ LELAP Certificate No:04161,Agency Interest No.149571 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small to be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos. This test report relates only to the items tested.This report must not be used to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.This report may not be reproduced except in full without permission from Environmental Analytical Services. These results are submitted pursuant to EAS'current terms of sale,including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner in which the results are used or Interpreted.Unless notified in writing to return the samples covered by this report,EAS will store the samples for a period of ninety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed By:AN('/t--Approved Signatory:ANd'/ Terry Brindley Terry Brindley Page 15 of 18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E llllllllllllllllllllll -20090401 - Environme,nta 13201 Northwest Freeway Suite 520, na ÍC3 Houston Texas 77040 (281)850-4892 .Fax (713)934-9942 E-mail easlabs@aol.com Lone Star Overnight Account #123757 *Job |D:20090401 6 0""0""0" llllllllllllllllllllllllllllllllllll at wJe(:9 S.')m,Asbestos Mold Inspections Coastal Bend San Antonio,Texas 78216 Project #cg .p o .f 1*)t,.Analysis:'p Address:cyg Note:25B.fa343 City,State:o ;7 Date:4 ..3 .O o TURNAROUND TIME:0 2 Hour 0 5 DA (R O OT (Specify).. (NOTE:All Turnaround Times are based on the Date /Time the Sample is received by the Laboratory) Sample Number Location Description 2.g i q 3.)!Q (,---o 4.))q l,--o |¿!ud li/2 yp<//q/g 5.)t½.~o 6.l ?h ~.v 8.--o 9 - 10.O (¿s£??0-1r.1??u LÉ/nzw 11.g 12.--/. 13.pg c p/p )7E ß,fg_. 14.c - 16.(6)vD )i 1 F l¤·..Tl I E <.·-|-A572 17.·79) 18.| 19.9 T)GAr /Ù.y /L Et /n. 7;')& 20.O s µe,oy¿.¿.pea .21.. -- 23.e 24.- 25.A p -y ycp 9 of Q ;-|p_·f,/¿y <agy 26.-C ff AM w/p Relinquished By:Accepted By: (Signa re)Date and Time:(Signature)Date and Time: Page 16 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E _lllllllllllllllillllll 20090401 nvironmental 13201 Northwest Freeway Suite 520, naÎj?Ít;3I Houston Texas 77040 SFVi(166,Idl.(281)850-4892 ?Fax (713)934-9942 E-mail easlabs@aol.com Lone Star Overnight Acconut #123757 CHAIN OF CUSTODY Ástex Environmental Services Project Name BAS Job # 139 Braniff Drive San Antonio,Texas 78216 Project #C/$-Do -J m1,Analysis:'Pm . Address:)s N ¼Q~×.;Gr,Note:2546&5#12 City,State:Ørg gn4g-g .Date:.4 ,·g .n o TURNAROUND TIME:0 2 Hour O 8 Hou 4d <24_H__OURS__,)(Rush) 0 2 Day 0 5 DAY (ROUTINE)O OTHBR:?o S11"l*-SioP +* (Specify).. (NOTE:All Turnaround Times are based on the Date /Time the Sample is received by the Laboratory) Sample Number Location Description 2.e (,-3.8 |M~p/rz (c.y-srcR yx ð Cs j /wh 7y is -2 //e a è 3.q þ -. 4.,-·bo ..._-. 5.-3|pgyst).j y,irstW L w n//gte etr µeitl A. 7.-33 8.3 .-9)-s rpf 7-xg-vg-g 9 --35 11.--$al 9 /s>2.7;/s .¿ps,µ, 12.q ..-·3 fleJ»Ab%S5tu 13., 14.tal..yo r25)T tr&E l- 15. 16. 18.J (4 -- 19.)¡q --. .21.jfq .--p rt . 22./g -p 23.j¡g 24.@ -50 T 25. g gg p -5-1 26. g /g -3.),.,p Relinquished By:-P==Accepted By:A. (Si ture)Date and Time:(Signature)Date and Time Page 17 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E _llllllllllllllllllllll 20090401 nvironmental 13201 Northwest Freeway Suite 520, 03Ij?Ít..3Í Houston Texas 77040 (281)850-4892 ?Fax (713)934-9942 ?E-mail easlabs@aol.com Lone Star Overnight Account #123757 CHAIN OF CUSTODY Astex Environmental Services Project Name BAS Job # 139 Braniff Drive San Antonio,Texas 78216 Project #£9.Do ?;i%Analysis:'p m Address:11161 So,,,.9.wµù.,¼Note:2.fSggy g City,State:(g cµs9.g½-m o Date:4 .¿.so TURNAROUND TIME:0 2 Hour 0 8 H (Rush) 0 2 Day 0 5 DAY (ROUTINE)O OTHER:£?Y'*f 0 (Specify).. (NOTE:All Turnaround Times are based on the Date /Time the Sample is received by the Laboratory) Sample Number Location Description 1.9(c G3 |£ott (dyc7%Ed )/f/J Dthbh37/ 2.9 (,--5L/._Á.... 3.9 ,~9 pi 7 ) 5.- 6.t //3 r . 1 .1 t 12.I t ¶f ...g L .u.m-;-- 14.1 (4l,?bl., 15.;y q .q-su L 16.)y q . 17.c 18. 19. 20. .21. 22. 23. 24. 25. 26. Relinquished By;2 O Accepted By: (Signature)Date arid Time:(Signature)Date and Time: Page DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 6nVit*0ninental 13201 Northwest Freeway Suite 520 naÎ fiCal Houston,Texas 77040 _.,phone 713-343-4017 ?fax 713-934-9942 SI'VIC66,lÅÚ www.easlabs.com ?facebook.com/easlabs ?lnfo@easlabs.com Point Count Method by Polarized Light Microscopy Analysis (EPA 600/R-93/116) Asbestos Mold Inspections Coastal Bend Project:Date Analyzed:September 8,2020 2732 S Padre Island Dr Booked Bldgs Demo Corpus Christi,TX 78415 1114 Sam Ranking St 361-384-7776 Corpus Christi,TX Date Received:September 8,2020 info@amicoastalbend.com CB-20-1196 EAS Job #:20090401 Microscope:Olympus-CH-40 Attn:Mr.Jeff Zunker Analysis Time Requested:2 hour Homo.Asbestos Geneous Detected?Asbestos Mineral Non-Asbestos Non-Flbrous Sample#Layer sample Description (Y/N)Yes/No Percent Fibers Material 1196-43 A White Joint Compound YES YES Chrysotile 0.25% 20090401.43 1196-44 A White Joint Compound YES VES Chrysotile 0.50% 20090401.44 1196-45 A White Joint Compound YES YES Chrysotile 0.25% 20090401.45 NVLAP Lab Code:200784-0 TDSHS #300373 Page 1 of 1 Notes: Some samples (floor tiles,surfacing,etc.)may contain fibers too small too be detectable by PLM.TEM Chatfield analysis of bulk material is recommended in this case.All asbestos percentages are based on calibrated visual estimates traceable to NIST standards for regulated asbestos types.Analysts'percentages fall within a range of acceptable percentages,depending on the actual concentration of asbestos.This test reports relates only to the items tested.Neither NVLAP nor EPA accreditation implies endorsement by any (JS Govemment agency.This report may not be reproduced except la full without written permission from Environmental Analytkal services. These results are submitted pursuant to EAS current terms and condition of sale,including the company's standard warranty and limitation of liability provlsions and no res ponsibility or liabIlity Is assumed for the manner in whkh the results are used or interpreted.Unless notified in writing to return the samples covered by this report,EAS will store the samples for a period of nInety (90)days before discarding.Percent ranges reported are estimates and not absolute percent range values. Analyzed by:Approved Signatory: Terry Brindley Arthur Hernandez DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E DVir00Mont3Î 13201 Northwest Freeway Suite 520 H3 ÍC3 Houston,Texas 77040 (713)343-4017?Fax (713)934-9942 E-mail easlabs(alaol.com Lone Star Overnight Account #123757 CHAIN OF CUSTODY *Job ID:20090401 Asbestos Mold Inspections Coastal Bend Q c N e Co us Ch ti,s a d7 15 o Asbestos Mold Inspections Coastal Bend Number &Type of S mple:Project Number P.O.Number 3 FTCf C H 1% TURNAROUND TIME Hour 0 8 Hour 24 Hours 2 Day 0 3 Day 0 5 Day (ROUTINE)0 OTHER: (Specify) (NOTE:All Turnaround Times are based on the Date /Time the Sample is received by the Laboratory) Contact Person:Jeff Zunker Phone:(210)828-9800 E-mail info@amicoastalbend.com Special Instructions: SAMPLE NUMBER LOCATION SAMPLE DESCRIPTION (See attached description) Relinquished By:U 3 0 O''(Accepted By:4, (signature)Date and Time:(signature)Date and Time: Page __of __ DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E APPENDIX B PHOTOGRAPHS DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E East Elevation South Elevation 0 2500W (T)@ 27048'2"N,97024'17"W ±49ft A 30ft o 3s80N (T)®27048'2"N,97024'17"W ±13ft A 3Oft !. 1d n 9x9 for tHes t 1114 Sam Rankih ,. Aste nvronrr.ent,.....02-09-2020,08:44:06 . Photo 01 Photo 02 East Elevation .South Elevation O 2760W (T)®27048 2"N,97024'17"W ±45ft A 29fi O 3580N (T)®27048'2"N,97024'17"W ±85ft A 28ft Photo 03 Photo 04 South West Elevation North East Elevation 0 570NE (T)@ 27048'2"N,97024'17"W ±95ft A 28ft 0 2060SW (T)®27048'2"N,97024'17"W ±19ft A 28ft Astex ömenmes 02-012020,08.58.58 Photo 05 Photo 06 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E West Elevation West Elevation 0850E (T)®27048'4"N,97024'11"W±10524ft A 2ft 0900E (T)@27048 2"N,97024'17"W±190ft A 28ft enta .02-09-2020,09 os 53 ta .02-09-2020,09 06 29 Photo07 Photo08 West Elevation South West Elevation 01120E (T)@27048'2"N,97024'17"W±833ft A 2ft 0 400NE (T)@27048'3"N,9702416"W ±14206ft A 2ft Photo 09 Photo 10 North Elevation North West Elevation O 184*S (T)<ieb 27*46'18"N,97*2O'34"W 2488845ft A Oft 01430SE (T)@27048'3"N,97024'12"W±213ft A 14ft t iver s r i I O O .E te.<Envuor»r.enbl -'.02-092020,09:20:22 Photo 11 Photo 12 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E East Elevation West Elevation 0 2680W (T)®27048'3"N,9702417"W±32ft A 30ft 0112 E (T)@27048 3"N,97024'17"W ±462ft A 35ft A e c r i e cnme .1 Photo 13 Photo 14 South West Elevation Soutil VVest Elevation O 650NE (T)®27048'5"N,97024"18"W ±213ft A Oft 0 660NE (T)@ 048'3"N,97024'15"W ±137ft A 40ft . mpe.rmnsite H N Sam Rankin Astex Environmental 02-09-2020,09 25:55 , Photo 15 Photo 16 North West Elevation North West Elevation 01440SE (T)®27048'5"N,97024'18"W ±285ft A 6ft 01280SE (T)@27048 6"N,97024'18"W±213ft A 6ft Ave.<cowen=w 02 09-20:30,ocu;«Aste7 ronmenn 02 09-2020,09s2 37 Photo17 Photo18 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E East Elevation North West Elevation O 2480W (T)®27048*6"N,97-24'18"W ±72ft A 27ft o1330SE (T)@27048'6"N,97024'18"W±213ft A 7ft Photo 19 Photo 20 West Elevation East Elevation o 930E (T)@27047'57"N,97024'16"W±236ft A 7ft o 2680W (T)®27047'57"N,97024'18"W±541ft A 4ft Photo21 Photo22 North Elevation East Elevation O 1780S (T)®27048'13"N,97-24'14"W *S766ft A 4ft o2640w (T)@27048'4"N,97024'17"W±164ft A 32ft »(14 sam nank n v ,, 02 09-2020.t o 29:42 Photo23 Photo24 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E South Elevation South East Elevation 0 3470N (T)®27048'4"N,97024 16"W ±32ft A 32ft 0 2990NW (T)@ 27048 4"N,97024'16"W ±19ft A 31ft .,..le .I . o e3 0 0 E p 03 09 0 1 19 Photo25 Photo26 North West Elevation North West Elevation 01400SE (T)®27048'3"N,97024'18"W±95ft A 27ft 01420SE (T)®27048'3"N,97024'17"W±65ft A 27ft Roofing Materol 1 14 Sam Ra o Parapot wSi mastic 1114 Sam Rankm A5teAEnvircomenta 03-09-2020 10 0:12 AstexEnvbcomeow 03-09-2020,1020A3 Photo 27 Photo 28 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 1114 Sam Rankin Corpus Christi, TX. 78401 2-Story ~20,000 SF 1-Story ~7,500 SF TOTAL ~27,500 SF Demolish and Haul off debris. Demolish entire foundation. 2-Story 1-Story ATTACHMENT A-4 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Attachment B- Bid/Pricing Schedule DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Revised 09.04.20 Attachment A-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 $1,000,000 Per Occurrence DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Revised 09.04.20 C.In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II.ADDITIONAL REQUIREMENTS A.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C.Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D.Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Revised 09.04.20 •Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E.Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H.It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services – Services Performed Onsite - Pollution 06/08/2020 Risk Management – Legal Dept. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Attachment C – Bond Requirements Bonds will be required as outlined in the Scope of Work, Section 4: subsection 4.3; Job Order (C) DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Service Agreement 3302 Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 7 CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS 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 the definitions for the Disclosure of Interest in Section II - General Information. 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) 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest” constituting3% or more of the ownership in the above named “firm.” Name Title 3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or Committee DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 1 of 45 Attachment E – Federal Requirements FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-01 Breach of Contract Terms FR-02 Termination of Contract FR-03 Equal Employment Opportunity - 41 CFR Part 60-1.4(b) FR-04 Standard Federal Equal Employment Opportunity Construction Contract Specifications – 41 CFR Part 60.4.3 FR-05 Copeland Anti-Kickback Act 29 CFR Part 5 FR-06 Davis-Bacon Labor Requirements 29 CFR part 5 FR-07 Contract Work hours and Safety Standards Act Requirements FR-08 Regulations Pertaining to Reporting FR-09 Rights to Inventions FR-10 Access to Records and Record Retention FR-11 Clean Air and Water Pollution Control FR-12 Energy Conservation Requirements FR-13 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FR-14 Lobbying and Influencing Federal Employees FR-15 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (M/WBE) FR-18 Accessibility Section 504 Compliance FR-19 Texas Architectural Barriers Act FR-20 Drug-Free Workplace Requirements FR-21 Field Requirements DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 2 of 45 FEDERAL REQUIREMENTS: FR-01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 3 of 45 FEDERAL REQUIREMENTS: FR-02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the CIty's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference: 24 CFR 85.36 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 4 of 45 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY - Executive Order 11246 as amended, 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 5 of 45 EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p.230 Reference: Executive Order 11246 & Title 41 CFR Part 60 -1.4 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 6 of 45 FEDERAL REQUIREMENTS: FR-04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 7 of 45 Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 8 of 45 once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 9 of 45 effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9.A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10.The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11.The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12.The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13.The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14.The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15.Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference: Executive Order 11246 & Title 41 CFR Part 60 – 4.3 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 10 of 45 FEDERAL REQUIREMENTS: FR-05 COPELAND “ANTI-KICKBACK” ACT – 18 U.S.C. 874 / 40 U.S.C. 276c / 29 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 11 of 45 FEDERAL REQUIREMENTS: FR-06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS - BACON REQUIREMENTS Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. The Contractor further agrees to comply with Chapter 2258 of the Texas Government Code and pay rates that are not less than those laid out in the attached wage rates decision. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: http://www.dol.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1.(i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a) Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 12 of 45 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2.Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to David-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 13 of 45 Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a)(3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 14 of 45 (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4.Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 15 of 45 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5.Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6.Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7.Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8.Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9.Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD, the U.S. Department of Labor, or the employees or their representatives. 10.(i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a) (1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, “Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of ….. influencing in any way the action of such Administration….makes, utters or publishes any statement DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 16 of 45 knowing the same to be false…..shall be fined not more than $5,000 or imprisoned not more than two years, or both.” 11.Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E "General Decision Number: TX20200288 09/11/2020 Superseded General Decision Number: TX20190288 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.  If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020.  If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate).  The EO minimum wage rate will be adjusted annually.  Please note that this EO applies to the above‐mentioned types of contracts entered into by the federal government that are subject to the Davis‐Bacon Act itself, but it does not apply to contracts subject only to the Davis‐Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)‐(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number     Publication Date           0              01/03/2020           1              09/11/2020  BOIL0074‐003 01/01/2017                                   Rates          Fringes BOILERMAKER......................$ 28.00            22.35 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E * ELEC0278‐002 03/20/2020                                   Rates          Fringes ELECTRICIAN......................$ 26.25             8.24 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * ENGI0178‐005 06/01/2020                                   Rates          Fringes POWER EQUIPMENT OPERATOR        (1) Tower Crane.............$ 32.85            13.10      (2) Cranes with Pile       Driving or Caisson       Attachment and Hydraulic       Crane 60 tons and above.....$ 28.75            10.60      (3) Hydraulic cranes 59       Tons and under..............$ 32.35            13.10 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * IRON0084‐011 06/01/2020                                   Rates          Fringes IRONWORKER, ORNAMENTAL...........$ 25.26             7.13 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐   SUTX2014‐068 07/21/2014                                   Rates          Fringes BRICKLAYER.......................$ 20.04             0.00    CARPENTER........................$ 15.21             0.00    CEMENT MASON/CONCRETE FINISHER...$ 15.33             0.00    INSULATOR ‐ MECHANICAL     (Duct, Pipe & Mechanical    System Insulation)...............$ 19.77             7.13    IRONWORKER, REINFORCING..........$ 12.27             0.00    IRONWORKER, STRUCTURAL...........$ 22.16             5.26    LABORER:  Common or General......$  9.68             0.00    LABORER:  Mason Tender ‐ Brick...$ 11.36             0.00    LABORER:  Mason Tender ‐    Cement/Concrete..................$ 10.58             0.00    DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E LABORER:  Pipelayer..............$ 12.49             2.13    LABORER:  Roof Tearoff...........$ 11.28             0.00    OPERATOR:     Backhoe/Excavator/Trackhoe.......$ 14.25             0.00    OPERATOR:  Bobcat/Skid    Steer/Skid Loader................$ 13.93             0.00    OPERATOR:  Bulldozer.............$ 18.29             1.31    OPERATOR:  Drill.................$ 16.22             0.34    OPERATOR:  Forklift..............$ 14.83             0.00    OPERATOR:  Grader/Blade..........$ 13.37             0.00    OPERATOR:  Loader................$ 13.55             0.94    OPERATOR:  Mechanic..............$ 17.52             3.33    OPERATOR:  Paver  (Asphalt,    Aggregate, and Concrete).........$ 16.03             0.00    OPERATOR:  Roller................$ 12.70             0.00    PAINTER (Brush, Roller, and    Spray)...........................$ 14.45             0.00    PIPEFITTER.......................$ 25.80             8.55    PLUMBER..........................$ 25.64             8.16    ROOFER...........................$ 13.75             0.00    SHEET METAL WORKER (HVAC Duct    Installation Only)...............$ 22.73             7.52    SHEET METAL WORKER, Excludes    HVAC Duct Installation...........$ 21.13             6.53    TILE FINISHER....................$ 11.22             0.00    TILE SETTER......................$ 14.74             0.00    TRUCK DRIVER:  Dump Truck........$ 12.39             1.18    TRUCK DRIVER:  Flatbed Truck.....$ 19.65             8.57    DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E TRUCK DRIVER:  Semi‐Trailer    Truck............................$ 12.50             0.00    TRUCK DRIVER:  Water Truck.......$ 12.00             4.11 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ WELDERS ‐ Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================   Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017.  If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking.  Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐   The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198‐005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification.  As this weighted average rate includes all rates reported in the survey, it may include both union and non‐union rates. Example: SULA2012‐007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG‐OH‐0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.   ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐                    WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: *  an existing published wage determination *  a survey underlying a wage determination *  a Wage and Hour Division letter setting forth a position on    a wage determination matter *  a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis‐Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations.  Write to:             Branch of Construction Wage Determinations             Wage and Hour Division             U.S. Department of Labor             200 Constitution Avenue, N.W.             Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:             Wage and Hour Administrator             U.S. Department of Labor             200 Constitution Avenue, N.W.             Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board).  Write to:             Administrative Review Board             U.S. Department of Labor             200 Constitution Avenue, N.W.             Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================           END OF GENERAL DECISION" DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 21 of 45 FEDERAL REQUIREMENTS: FR-07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference: 29 CFR Part 5.5 & Advisory Circular 150/5100-6d DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 22 of 45 FEDERAL REQUIREMENTS: FR-08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnic/ gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 23 of 45 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low-and very low-income residents of the metropolitan area (nonmetropolitan county), including a business concern that is 51 percent or more owned by low- or very low-income residents; employs a substantial number of low- or very low- income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The terms “low-income persons” and “very low-income persons” have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low-Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes. INSTRUCTIONS FOR: FORM HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead-based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of $100,000 awarded in connection with the Section-3-covered activity. Form HUD-60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients’ efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.* A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 24 of 45 this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient’s implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the “Program Code” in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of “Other” includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor’s or recipient’s payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor’s or recipient’s payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts – Self -explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IHAs are to report all contracts/subcontracts. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 25 of 45 * The terms “low-income persons” and very low-income persons” have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary’s findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 26 of 45 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 27 of 45 Section 3 Summary Report U.S. Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for Low – and Very Low-Income Persons and Urban Development Office of Fair Housing (exp. 11/30/2010) And Equal Opportunity Section back of page for Public Reporting Burden statement 1. Recipient Name & Address: (street, city, state, zip) 2. Federal Identification: (grant no.) 3. Total Amount of Award: 4. Contact Person 5. Phone: (Include area code) 6. Length of Grant: 7. Reporting Period: 8. Date Report Submitted: 9. Program Code: (Use separate sheet for each program code) 10. Program Name: Part I: Employment and Training (** Columns B, C and F are mandatory fields. Include New Hires in E &F) A Job Category B Number of New Hires C Number of New Hires that are Sec. 3 Residents D % of Aggregate Number of Staff Hours of New Hires that are Sec. 3 Residents E % of Total Staff Hours for Section 3 Employees and Trainees F Number of Section 3 Trainees Professionals Technicians Office/Clerical Construction by Trade (List) Trade Trade Trade Trade Trade Other (List) Total * Program Codes 3 = Public/Indian Housing 4 = Homeless Assistance 8 = CDBG State Administered 1 = Flexible Subsidy A = Development, 5 = HOME 9 = Other CD Programs 2 = Section 202/811 B = Operation 6 = HOME State Administered 10 = Other Housing Programs C = Modernization 7 = CDBG Entitlement Page 1 of 2 form HUD 60002 (6/2001) Ref 24 CFR 135 HUD Field Office: HUD Field Office: DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 28 of 45 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the project/activity $ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving non-construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area (or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other; describe below. Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low- and very-low income persons, particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients’ compliance with Section 3, to assess the results of the Department’s efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying information is not included. Page 2 of 2 form HUD 60002 (11/2010) Ref 24 CFR 135 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 29 of 45 FEDERAL REQUIREMENTS: FR-9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: 24 CFR 85.36 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 30 of 45 FEDERAL REQUIREMENTS: FR-10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative’s access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: 24 CFR 85.36 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 31 of 45 FEDERAL REQUIREMENTS: FR-11 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended, (24 CFR 85.36 & Section 306 of the Clean Air Act & Section 508 of the Clean Water Act DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 32 of 45 FEDERAL REQUIREMENTS: FR-12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Reference: Title 24 CFR 85.36 & Public Law 94-163 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 33 of 45 FEDERAL REQUIREMENTS: FR-13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference: 24 CFR 85.35 DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 34 of 45 FEDERAL REQUIREMENTS: FR-14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, “Disclosure of Lobby Activities,” in accordance with its instructions. Reference: Title 49 CFR Part 20, Appendix A DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 35 of 45 FEDERAL REQUIREMENTS: FR-15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 36 of 45 section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of “upward mobility”, “bridge” and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (l) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident-owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low- income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C [Reserved] DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 37 of 45 FEDERAL REQUIREMENTS: FR-16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan (AAP) must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 38 of 45 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (M/WBE) The Contractor will do the best efforts to afford small business (Section 3 (a) of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this project. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 39 of 45 FEDERAL REQUIREMENTS: FR-18 ACCESSIBILITY SECTION 504 COMPLIANCE CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communications barriers. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of disability. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 40 of 45 FEDERAL REQUIREMENTS: FR-19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.- The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 41 of 45 FEDERAL REQUIREMENTS: FR-20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 42 of 45 FEDERAL REQUIREMENTS: FR-21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis-Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub-contractors' Affirmative Action Plans when applicable. Davis-Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis- Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very-Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti-discrimination policy for this project. Parts II & Ill of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub-contractors who have sub-contracts of $10,000.00 or more on the project. These plans must be displayed on the project bulletin board for employee view CDBG Project Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete, sign and return this waiver with each request for payment. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 43 of 45 CDBG PROJECT SIGN 8’ 4’ 3’6” Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of ¾” plywood. Sign should be posted at a minimum of than 3’ 6” high from ground level. Red Background White Letters White Background Black Letters PROJECT NAME Project Address CITY OF CORPUS CHRISTI Community Development Block Grant (CDBG) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CDBG FUNDS: $ Total Project Cost: $ Contractor: Address: Phone Number: Blue Background White Letters DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 44 of 45 AFFIRMATIVE ACTION PLAN ____________________________________ in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that ________________________________ will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. __________________________________ has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. ______________________________ will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of $10,000 or more. UTILIZING LOWER INCOME RESIDENTS, MINORITIES AND WOMEN To the maximum extent feasible, __________________________________ and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. _________________________________ and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by ___________________________________ and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION, DEMOTION, PAY RATES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS _________________________________ will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. __________________________________ ____________________________ ______________ (print) Name of Executive Officer SIGNATURE DATE __________________________________ ___________________________________________ (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: _________________________________________________________ ADDRESS: ________________________________________________________________ PHONE NO.:________________________________ DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E Page 45 of 45 END OF FEDERAL REQUIREMENTS DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 8 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi who worked onany matter related to the subject of this contract and has an “ownership interest” constituting 3% or moreof the ownership in the above named “firm.” Name Consultant 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 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. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 9 d. “Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g.“Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 10 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form-11, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Date Print Name of Authorized Individual Organization Name DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 11 Housing and Community Development Department Community Development Block Grants U.S. Department of Housing and Urban Development Debarment and Suspension Certification Title 2: Subtitle A -Chapter 1 -Part 180- (a) Recipients and Subrecipients shall comply with the government wide no procurement debarment and suspension requirements in 2 CFR part 180. These government wide requirements restrict sub- awards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. I certified by signing below, that I am in compliance with Title 2 Housing and Urban Development, Debarment and Suspension requirements in 2 CFR part 182, and I am not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. I am also responsible for my subcontractor’s compliance with Debarment & Suspension federal regulations. ___________________________________ ____________ Contractor Signature/ or Authorized Official: Date: Title: _______________________________ Company: ___________________________ DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E 12 CONTRACTOR/SUBCONTRACTOR SECTION 3 COMPLIANCE PLAN The Housing and Community Development The undersigned Contractor/Subcontractor for the project identified above hereby agrees to implement, at a minimum, the following steps directed at increasing the utilization of Section 3 residents and Section 3 business concerns in accordance with 24 CFR Subpart A Part 135.1. 1. To attempt to recruit from within the project area Section 3 residents through local advertising media and signs placed at the proposed site for the project, community organizations, and public or private institutions operating within or serving the project area. 2. To seek the assistance, where necessary, in implementing a Section 3 compliance plan. 3. To maintain a list of all Section 3 area residents who have made application for employment either on their own or on referral from any source and to employ such persons if eligible and if a vacancy exists. 4. To maintain and provide the information requested during the closeout report. 5. In the case of a general contractor, to insure that all Section 3 business concerns within the project area are notified of pending sub-contractual opportunities. 6. To maintain records, including copies of correspondence, memoranda, etc., which document all the steps taken to recruit Section 3 residents and Section 3 subcontractors from within the project area. As officers and representatives of We, the undersigned, have read and fully agree to this Section 3 Compliance Plan and become party to the full implementation of this program. Print Name Title Signature Date Name of Contractor/Subcontractor Name of Project DocuSign Envelope ID: C0E28E9B-8D33-4AC8-963A-FC7FEEFFF35E DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a two-year service agreement for the purchase of Godwin pumps, motors, rentals, and repair service, with Xylem Dewatering Solutions, Inc., dba Godwin Pumps of America, of Corpus Christi, Texas, in an amount not to exceed $377,250.00, for the Utilities Department, effective upon issuance of notice to proceed, with FY 2021 funding in the amount of $188,625.00 available in the W astewater and Water Funds. SUMMARY: This resolution authorizes a two-year service agreement for the purchase of Godwin pumps, motors, rentals, and repair service for the Utilities Department. This agreement is necessary in order to ensure a supply of pumps, motors, rentals, and service at wastewater lift stations, treatment plants, and water operations. BACKGROUND AND FINDINGS: Godwin, a Xylem brand, has been the standard pumping equipment at some wastewater lift stations and treatment plants in operation throughout the City for many years. Additionally, the Water division maintains a small inventory of Godwin pumps used for water main breaks. Godwin pump and motor units are currently in operation throughout the city. The purchase of new equipment, rentals, and repair services are c ritical to ensure optimum operating requirements and compliance with TCEQ regulations. Purchase of Godwin Pumps, Motors, Rentals, and Repair Services for the Utilities Department AGENDA MEMORANDUM Action Item for the City Council Meeting of February 9, 2021 This is a sole source procurement. Godwin pumps and motor units have unique design characteristics that require exact specifications for optimum use. Other pump manufacturers require a total piping redesign, which requires additional cost. Xylem Dewatering Solutions, Inc. is the sole source distributor for new Godwin pumps, Godwin rental pumps, spare parts, and associated wiring used to interface with Godwin equipment. Xylem Dewatering Solutions is also the only Godwin authorized warranty service center in South Texas. Godwin pumps are warrantied and serviced at their shop in Corpus Christi. Xylem Dewatering Solutions is providing the City of Corpus Christi a discounted labor rate of 18%, and 0% mark-up on parts. Additionally, they have not increased their price to the City throughout the past three-year contract that is set to expire soon and have provided the same pricing for the proposed new contract. ALTERNATIVES: An alternative is to not enter into a service agreement, which would require separat e procurements on an as needed basis, which would reduce the economies of scale pricing secured through a long-term contract, increase the time delay due to the procurement process, resulting in a longer lead time for needed service, which could impact performance levels required by TCEQ regulations. FISCAL IMPACT: The fiscal impact for the Utilities Department is an amount not to exceed $188,625.00 for the first year, with the remaining cost to be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance & repairs – Contracted Cost: $99,971.00 Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance & repairs – Contracted Cost: $13,204.00 Fund: 4200 Wastewater Organization/Activity: 33210 Lift Station Operation & Maintenance Mission Element: 065 Manage Wastewater Lift stations Project # (CIP Only): N/A Account: 530215 Maintenance & repairs – Contracted Cost: $37,725.00 Fund: 4010 Water Organization/Activity: 31520 Treated Water Delivery System Mission Element: 041 Distribute Water Project # (CIP Only): N/A Account: 530215 Maintenance & repairs – Contracted Cost: $37,725.00 RECOMMENDATION: Staff recommends approval of this resolution authorizing a two-year service agreement with Xylem Dewatering Solutions, Inc., dba Godwin Pumps of America for Godwin pumps, motors, rentals, and repair service for the Utilities Department as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Resolution Service Agreement Page 1 of 2 Resolution authorizing a two-year service agreement for the purchase of Godwin pumps, motors, rentals, and repair service, with Xylem Dewatering Solutions, Inc., dba Godwin Pumps of America, of Corpus Christi, Texas, in an amount not to exceed $377,250.00, for the Utilities Department, effective upon issuance of notice to proceed, with FY 2021 funding in the amount of $188,625.00 available in the Wastewater and Water Funds. WHEREAS, these supplies will be used by the Utilities Department; WHEREAS, Xylem Dewatering Solutions Inc., will provide Godwin brand pumps, motors, rentals and repair service for the Utilities Department, which are critical in sustaining the Wastewater lift stations, treatment plants and water operations; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (2), as this purchase is necessary to preserve the public health or safety of the City’s residents. WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a purchase from Xylem Dewatering Solutions, Inc., dba Godwin Pumps of America of Corpus Christi, Texas based on a sole source for a total amount not- to-exceed $ 377,250.00. Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 2021: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor City of Corpus Christi Price Sheet Sr. Buyer: Cynthia Perez Godwin Pump and Motor Repairs Item Description Estimated Cost Total 1 Parts/Materials 2 Year $70,000.00 $140,000.00 2 Shipping Allowance 2 Year $5,000.00 $10,000.00 3 Pick-up and Delivery Allowance 2 Year $3,000.00 $6,000.00 4 Rental Allowance 2 Year $60,000.00 $120,000.00 5 Mileage Allowance 2 Year $5,000.00 $10,000.00 6 Emergency Open 2 Year $3,000.00 $6,000.00 7 Labor - Regular Hours 700 HR $110.00 $77,000.00 8 Labor - Afterhours, weekends 50 HR $165.00 $8,250.00 Total $377,250.00 Xylem DeWatering Solutions, Inc., dba Godwin Pumps of America Corpus Christi, Texas Labor Quantity Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 3358 Godwin Pump and Motor Repairs THIS Godwin Pump and Motor Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Xylem Dewatering Solutions Inc., dba Godwin Pumps of America (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Godwin Pump and Motor Repairs in response to Request for Bid/Proposal No. 3358 (“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 Godwin Pump and Motor Repairs (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 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. 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 $377,250.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email: JoannaM@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own 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. DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1649 Fax: (361) 826-4495 IF TO CONTRACTOR: Xylem Dewatering Solutions Inc., dba Godwin Pumps of America Attn: David Ladewig Title: Sales Address: 2029 N. Lexington Blvd., Corpus Christi, Texas 78409 Phone: (361) 879-0031 Fax: (361) 879-0044 DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 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. 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. DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 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. CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3358 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 12/1/2020 David Ladewig Branch Manager 1 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide pump and motor repairs, sales, and rentals for all Godwin brand pumps/motors at Wastewater Lift Stations and Wastewater Treatment Plants for the City of Corpus Christi Utilities Department. 1.2 Scope of work A. Repairs a. The City’s pump inventory, outlined in Section 4.3, consists of approximately 15 Godwin pump/motor units. b. The Contractor’s work performance for pump and motor repair will include, but is not limited to, disassembly, repair, and remanufacturing on centrifugal pumps and motors with 25 - 275 HP rating. c. Typical repairs may include, but are not limited to: shaft sleeves, impeller, bearings, seals, wearing rings, shafts, gaskets, housing repair/replacement, o-rings, varnish, stator repair, packing stuffing box, blast clean, repaint, reassembly, check tolerances, re-oil and/or grease, testing. d. The Contractor shall provide emergency service repair and rental on an as-needed basis. The emergency service shall be available on a 24-hour basis, weekends, and holidays. The Contractor shall be capable of responding to an emergency within two (2) hours after notification by a City representative. e. The Contractor shall perform semi-annual preventative maintenance services and repairs as determined necessary by the City. f. The Contractor shall pickup equipment for repair and deliver equipment when the repair is complete. g. The Contractor shall provide a repair estimate/quote for each repair, to include any noted problems, special conditions, inspection results, conclusion/recommendations, within 5-15 business days after receipt of equipment. h. The repair estimate/quote shall be submitted electronically in PDF format via email and itemized as follows: 1. Estimated repair time, to include delay time for parts/materials. If repair time is expected to exceed 20 business days, the Contractor must define the completion time, and outline the reason for delay. 2. Shipping costs for parts/materials 3. Costs to expedite parts/materials, if requested and approved by a City representative. 4. List of parts/components to be replaced 5. Parts/materials mark-up 6. Hourly labor costs, to include Straight Time and Overtime (if approved) DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 2 7. Equipment replacement cost and lead time for new equipment i. Repairs shall be completed within 10-20 business days of purchase order (PO) release. A PO number will be submitted to Contractor via email or phone. The Contractor shall notify the City if repairs will exceed 20 business days. j. All parts shall be equivalent to or better than OEM standards. Parts shall be included in the Contractor’s warranty period, or manufacturer’s warranty. Parts replaced under the Contractor’s or manufacturer’s warranty will be replaced at no cost for labor or parts. k. The Contractor shall make a reasonable attempt to obtain parts at the lowest possible price. l. All repairs shall be in accordance with current pump and/or motor nameplate data and conditions, drawings, standards and/or OEM specification(s). m. General machine work and/or repair shall consist of, but is not limited to, balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabrication, sand blasting, and coating of pump/motor. n. After repairs, the pump and/or motor unit shall be repainted to manufacturer’s recommendation and specifications, in a color approved by the Contract Administrator. o. Authorization for work will be sent by Work Coordinator(s) or Utilities Systems Manager to Contractor via email or phone. p. Overtime hours must be authorized in writing by a City representative. q. The Contractor shall provide a minimum one year warranty for workmanship and parts/materials. B. Sales / Purchase a. After a cost analysis of the repair estimate/quote and the replacement cost, the City may elect to purchase a new pump/motor unit. b. The Contractor shall affix a name plate on all new pump/motor unit(s). Name plate data shall include: model and serial number, manufacturer, GPM/Head, HP, impeller diameter, RPM, discharge size, and voltage. C. Rentals a. The Contractor will provide emergency rentals, as needed, for daily, weekly, or monthly rental. b. Emergency rentals shall be available on a 24-hour basis, weekends, and holidays. The Contractor shall be capable of responding to an emergency within two (2) hours after notification by a City representative. DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 3 D. Other Requirements a. The Contractor’s facilities may be subject to inspection at any time by a City representative. When deemed appropriate, the City reserves the right to use third party inspection services, at the City’s expense. b. The City reserves the right to inspect pump and/or motor at any time during the repair. c. The Contractor must be able to provide technical support and on-site training as may be required by the City. d. The City reserves the right to audit Contractor’s project costs at any time during the contract term. e. The City’s equipment in Contractor’s possession must be properly stored and secured at all times. f. Where applicable, loading / unloading of equipment must be done by Contractor’s personnel. 1.3 Work Site Locations and Conditions Lift Station # Lift Station Name Address # of Pumps HP 1 River Canyon 13842 River Ridge Dr. 1 24.6 2 Greenwood WWTP 6541 Greenwood Dr. 1 68 3 Clarkwood North 2001 Clarkwood Rd. 1 99 4 Wooldridge 6610 Wooldridge Rd. 1 275 5 Oso WWTP #1 501 Nile Rd. 4 2-275, 2-151 6 Oso WWTP (Step-feed pumps) 501 Nile Rd. 4 3-75, 1-100 Water Name Address # of Pumps HP (Range) 1 Utilities Yard 2726 Holly Rd. 3 60 - 80 1.4 Special Instructions The Contractor’s invoice for payment must contain the following information: 1. Purchase Order (PO) No. or Service Agreement No. 2. Location and Address 3. Model and serial number of equipment 4. Description of service 5. Bill of materials 6. The Contractor will be required to attach copies of all invoices for parts/materials (for verification of mark-up%) 7. Total hours billed, itemized by position and hourly rate DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 4 8. Shipping costs 9. Authorizing City representative 1.5 Contractor Quality Control and Superintendence A. The Contractor shall establish and maintain a complete Quality Control Program 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. B. The Contractor shall quality inspect pump and motor repairs prior to return to the City. DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 Page 1 of 2 RFQ Revised 7.13.2017 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. 4. Bidders will be considered non-responsive if the bid form is modified. add/delete/change any Invitation to quote, FOB Destination, Freight Included, on the following: Item # Description Unit 2-Year Qty Unit Price Total Price Parts / Materials Estimated Mark- up 1 Parts/Materials* EA $140,000.00 % $ 2 Shipping Allowance for Parts/Materials EA $10,000.00 $10,000.00 3 Pick-up & Delivery Allowance EA $6,000.00 $6,000.00 4 Rental Allowance EA $120,000.00 $120,000.00 5 Mileage Allowance EA $10,000.00 $10,000.00 6 Emergency Open EA $6,000.00 $6,000.00 Labor 7 Labor Regular Business Hours M-F 8:00-5:00 HR 700 $ $ 8 Labor Afterhours, Weekends, Holidays HR 50 $ $ TOTAL $ *Total Price will be $140,000 plus mark-up. COMPANY: NAME OF PERSON AUTHORIZED TO SIGN: 0 140,000.00 110.00 165.00 77,000.00 8,250.00 377,250.00 Xylem Dewatering Solutions David Ladewig DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 Page 2 of 2 RFQ Revised 7.13.2017 ADDRESS: CITY / STATE/ZIP: PHONE: EMAIL: FAX: DATE: SIGNATURE: TITLE: 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. 2029 N Lexington Blvd Corpus Christi, TX 78409 361-879-0044 David Ladewig david.ladewig@xyleminc.com 12/1/2020 Xylem Service Center Manager 361-879-0031 DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 Attachment C -Insurance Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City’s Risk Manager and Park & Recreation Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 BAILEE’S CUSTOMER GOODS $500,000 Per Occurrence MOTOR TRUCK CARGO (or) TRIP TRANSIT $500,000 Combined Single Limit DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit 4-R Contracts for General Services – Services Performed Onsite-Offsite – Cargo Transit - Bailees 04/14/2020 Risk Management – Legal Dept. DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 Attachment C – Bond Requirements No bond requirements necessary for this service agreement; Section 5. Insurance; Bonds Subsection (B) is null for this service agreement. DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 Attachment D - Warranty Requirements DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 DocuSign Envelope ID: F36465B9-B757-455E-89C9-F9369B301158 AGENDA MEMORANDUM Action Item for the City Council Meeting of February 9, 2021 ____________________________________________________________________________ DATE: February 9, 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 heatherh3@cctexas.com (361) 826-3227 CAPTION: Motion authorizing a License Agreement with the Port of Corpus Christi Authority to allow the City of Corpus Christi to deposit dredged material at the Rincon B West Dredge Material Placement Area from the breakwater in-between the Marina and McGee Beach, located in Council District 1, in an amount of $278,060.00, with FY 2021 funding available from the Seawall CIP Fund. SUMMARY: This motion authorizes a License Agreement with the Port of Corpus Christi Authority (POCCA) to allow the City to place dredge material at the Rincon B West Dredge Material Placement Area. The dredge material will be collected as part of the Marina and McGee Beach Breakwater Phase I Repairs & Boat Basin Dredging Project. These projects were combined into a single bid package to facilitate execution. BACKGROUND AND FINDINGS: The marina breakwater was originally constructed in the 1920’s. The breakwater reduces wave energies to the area enclosed by the breakwater protecting vessels and infrastructure. In 1946, a concrete cap was added to the breakwater that extended approximately 1,750 feet north from McGee Beach. The concrete cap was re-built in 1981. Currently, the breakwater’s concrete cap is experiencing severe structural degradation due to age and environmental exposure. The proposed improvements will make repairs to the existing stone breakwater and remove and replace the existing concrete cap with one that is 2 feet wider and 1 foot taller. The marina is also experiencing shoaling between the breakwater and the R-Pier. The shoaling is constricting navigation. There is also shoaling around the breakwater at the marina entrance. This material needs to be dredged to prevent impediments to navigation. Originally, it was hoped that this material could be placed on McGee Beach; however, analyses indicated high organics License Agreement with Port of Corpus Christi Authority for the Placement of Dredge Material and inappropriate gradation. As a result, staff pursued an agreement with the POCCA for placement of the dredged material into one of their permitted Dredge Material Placement Areas (DMPA’s). This proposed License Agreement will allow placement of 40,000 cubic yards (CY) of dredge material in the POCCA DMPA located in Rincon B West near Burleson Street and Rincon Road in North Beach. Per the agreement with POCCA, the City will be responsible to pay 90% of the costs upon signing of the agreement. The General Contractor will then pay the remaining 10% upon placement. The City is responsible for the following amount: $7.71/CY*0.90*40,000 CY = $277,560.00 + $500.00 administrative fee totaling $278,060.00. The Phase I Breakwater Repairs and Boat Basin Dredging will be advertised for bids later in February. ALTERNATIVES: The City will have to look for an alternative dredge placement site which may delay the projects and may incur additional delays and cost. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $278,060.00 with funding available from the Seawall CIP Fund. FUNDING DETAIL: The project is funded by Seawall CIP. The Capital Improvement Program (CIP) shows the project is planned for FY 2021 with project names McGee Beach Breakwater Phase I Repairs & Boat Basin Dredging Project (E16318 and E16321). These projects will be advertised for bids in February. The expenditures to place the dredge materials are included with the construction cost. Fund: Seawall Sys CIP (Fund 3271) Mission Elem: Seawall (ME 707) Project No.: Repair Marina Breakwater at McGee Beach (Project# E16318) Account: Outside Consultant (Account #550950) Activity: E16318-01-3271-EXP Amount: $139,030.00 Fund: Seawall Sys CIP (Fund 3271) Mission Elem: Seawall (ME 707) Project No.: Magee Beach Nourishment/ Boat Basin Dredging (Project# E16321) Account: Outside Consultant (Account #550950) Activity: E16321-01-3271-EXP Amount: $139,030.00 RECOMMENDATION: City staff recommends approval of the Motion authorizing a License Agreement with the Port of Corpus Christi Authority. LIST OF SUPPORTING DOCUMENTS: Location Map License Agreement PORTTIMONSTAPLES CHAPARRAL SHORELI NELEOPARDLIPANMESQUITE ALAMEDA PARKSURFSIDEOCEAN C A R A N C A H U A BROADWAY I 37ANTELOPETHIRD COMANCHEBUFORDSANTA FEMORGANBRO W NLEE TANCAHUA NIN E T E E N T H LAREDOTAYLORB E A C H B U D D Y L AW RE N C E L O M A XPEOPLES AGNESB U R L E S O N G U L F S P R A Y G O L F B R E A K W A T E R PORTOCEANLIPANSHORELINE S H OR E L I N ESURFSIDECOMANCHES T A P L E SSHORELINE TA N C A H U A McGee Beach Nourishment and Boat Basin Dredging & McGee Breakwater Repair Location Map CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXASDEPARTMENT OF ENGINEERING SERVICES Project Location Dredge Material Placement Area PROJECT NO. E16318 & E16321 McGee Beach Corpus ChristiMarina Corpus ChristiBay Dredging Area . Updated as of 03/20/2020 1 PORT OF CORPUS CHRISTI AUTHORITY LICENSE FOR DEPOSIT OF DREDGED MATERIAL THIS AGREEMENT, is made and entered into effective as of ______________, 2020 (“Effective Date”) by and between the PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS, a political subdivision of the State of Texas, with offices at 222 Power Street, Corpus Christi, Texas 78401 ("Authority") and CITY OF CORPUS CHRISTI, a political subdivision of the State of Texas, whose address 1201 Leopard Street, Corpus Christi, Texas 78401 (“Company”). WITNESSETH I Company has requested Authority to allow it to use the Authority placement facility known as Rincon B West Dredge Material Placement Area, which is located in Nueces County, Texas, for deposit of dredged material taken from Company’s mooring facilities and slip for such dock area being outside the limits of the Federal ship channel. Company has advised Authority that approximately 39,550 cubic yards of dredged material will be deposited in the Rincon B West Dredge Material Placement Area. II To facilitate the Authority's review of the Company's dredging project, two (2) sets of formal plans that clearly delineate the area to be dredged must be submitted for approval. The drawings must be prepared on a standard engineering format (11" x 17" drawings) and show all physical features and improvements in and around the area to be dredged and must be signed and sealed by a Professional Engineer registered in the State of Texas. A detailed site plan (minimum 1" = 50' scale) depicting the location and physical layout of the area to be dredged, adjacent docking facilities, property lines, federal channels, bulkhead lines, existing channel depth elevations, etc., is also required. The site plan must also clearly show the bottom of cut line and top of slope line of the planned dredging. Company is responsible for obtaining permission to dredge on adjacent property not owned by Company. This includes side slope excavation. Authority’s approval of Company’s plans may never be construed as permission by Authority to dredge on adjacent property not owned by Company. Moreover, Authority's approval of Company's plans, may never be construed as a representation by Authority that such plans are the best method to be used for the placement of dredge material. Company must provide copies of all necessary federal and state permits prior to use of Authority’s dredge material placement areas. III Authority hereby grants to Company permission to deposit dredged material in the Rincon B West Dredge Material Placement Area, conditioned that Company pay to Authority: (i) an Application Fee of $500.00; (ii) the sum of $4.71 per cubic yard of dredged material deposited into Rincon B West Dredge Material Placement Area, for Authority depletion fees; and (iii) the sum of $3.00 per cubic yard of dredged material deposited in the Rincon B West Dredge Material Placement Area, to Updated as of 03/20/2020 2 replenish capacity, for a total fee of $7.71 per cubic yard of dredge material placed into Rincon B West Dredge Material Placement Area. Company agrees that prior to commencing the deposit of any material under this license it will: (a) submit prepayment to Authority, equal to 90% of the estimated quantity of material to be dredged and placed in the Rincon B West Dredge Material Placement Area associated with (ii) and (iii) above; (b) attend a pre-construction meeting at PCCA Administration Office, 222 Power Street; and (c) receive written approval of Authority's Director of Channel & DMPA Development (a “Notice to Proceed”) which approval may specify both when and under what conditions the work may be performed. IV Not later than thirty (30) days after dredging work at its dock area is completed, Company will provide Authority with (a) copies of cross sections made from soundings taken before and after dredging operations in Company's dock area and (b) a copy of the invoices from the dredging company performing the dredging work for Company which must state the amount of dredged material removed. Soundings for said cross sections will be taken along lines which are transverse to the dredging limits and not more than 100 feet apart with minimum 1" = 10' vertical and 1" = 50' horizontal scales. The cross section drawings must clearly show the existing bottom profile and the proposed dredge line with back slope and also any bulkhead lines, property lines, federal channel lines, allowable overdredge lines, etc. In addition to the drawings, Company will also provide Authority with a CAD file (compatible with Authority's software) of the drawings to facilitate determination of yardage to be billed. The actual yardage to be paid shall be determined by the method designated as "average-end area" or quantities stated on the dredging contractor's invoices whichever, in the judgment of the Authority's Director of Channel & DMPA Development, reflects the correct volume of material deposited in the Rincon B West Dredge Material Placement Area. Once final quantities are determined, a final invoice will be prepared and sent to Company to which the prepayment will be applied. In the event that final dredge quantities are less than the prepayment quantity, the Authority will send a refund check to cover overpayment. If, due to no fault of the Authority, Company does not use Rincon B West Dredge Material Placement Area for placement of any dredge material allowed under this agreement, the prepayment will not be refunded but may be applied to Company’s future prepayment(s) under other Authority agreements for use of this or other Authority dredge material placement areas. V The Rincon B West Dredge Material Placement Area, is provided to Company "As Is, Where Is" and Company shall, by whatever method it alone chooses, determine the condition of the Rincon B West Dredge Material Placement Area, and related levees and spillways, and shall make such repair or modifications of the same as are necessary to accommodate the material and effluent from Company's dredging. The Authority does not make any w arranty, expressed or implied, that the Rincon B West Dredge Material Placement Area is in condition to receive or accept the material to be deposited by Company. If Company, after inspection and/or evaluation of the DMPA deems the DMPA is unsuitable for Company’s use and chooses not to make repairs or modifications per this Section, Company has the right not to use the DMPA and terminate agreement. Updated as of 03/20/2020 3 VI COMPANY ASSUMES FULL RESPONSIBILITY TO AUTHORITY FOR THE PROPER PERFORMANCE OF THE DREDGING OPERATION CONDUCTED BY COMPANY AND ITS DREDGING CONTRACTOR AND FOR DEPOSIT OF DREDGED MATERIAL BY COMPANY'S DREDGING CONTRACTOR IN THE RINCON B WEST DREDGE MATERIAL PLACEMENT AREA, IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT. COMPANY AND ITS DREDGING CONTRACTOR SHALL CONFORM TO THE DIRECTIONS OF THE DIRECTOR OF CHANNEL & DMPA DEVELOPMENT FOR AUTHORITY, IF ANY ARE GIVEN, IN ALL MATTERS RELATING TO THE DEPOSIT OF DREDGED MATERIAL IN THE RINCON B WEST DREDGE MATERIAL PLACEMENT AREA, AND THE PROPER USE, CONSTRUCTION AND MAINTENANCE OF LEVEES, DIKES, OR DRAINS WHICH ARE NECESSARY IN CONNECTION WITH THIS WORK. COMPANY FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD AUTHORITY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION AND LIABILITIE S OF ANY NATURE (INCLUDING COURT COSTS AND FEES AND EXPENSES OF ATTORNEYS, ENGINEERS AND OTHER CONSULTANTS INCIDENT TO INVESTIGATION AND DEFENSE) THAT MAY ARISE BY VIRTUE OF THE COMPANY’S DEPOSIT OF DREDGED MATERIAL UNDER THIS A GREEMENT OR THE EXERCISE BY COMPANY OF ANY OTHER PRIVILEGES HEREBY ACCORDED. COMPANY HEREBY WARRANTS THAT THE MATERIAL TO BE DREDGED AND PLACED IN THE AUTHORITY'S RINCON B WEST DREDGE MATERIAL PLACEMENT AREA, IS NOT A HAZARDOUS MATERIALS (AS THAT TERM MAY BE DEFINED BY FEDERAL OR STATE OF TEXAS LAW, STATUTE, OR REGULATION). COMPANY AGREES THAT IF SAID MATERIAL IS LATER FOUND TO BE HAZARDOUS, IT WILL BEAR, MUST PROPERLY REMEDIATE, AND PAY ALL COSTS OF REMEDIATION REQUIRED BY FEDERAL OR STATE OF TEXAS LAW, STATUTE, OR REGULATION, COST FOR REMOVAL AND/OR TREATMENT AS REQUIRED. THE OBLIGATIONS OF THE COMPANY UNDER THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. VII This license is issued subject to the rights of Authority. If necessary, the Director of Channel & DMPA Development may st op or delay the work to allow Authority’s prime dredging contractor to perform higher priority work and to deposit material into the designated dredge material placement area. Authority may stop or delay the work if Authority is required to cease operations by order of any court or governmental entity. In the event the Authority stops work or delays work for a period in excess of 120 days, or Company is required to cease operations by order of any court or governmental entity for a period in excess of 120 days , this Agreement may be terminated by either Party, and final payment shall be calculated pursuant to Section IV. VIII Paym ents for the material deposited in the dredge material placement area shall be made to Port of Corpus Christi Authority at its offices at 222 Power Street, or by mail to P.O. Box 1541, Corpus Christi, Texas 78403. Updated as of 03/20/2020 4 IX (INTENTIONALLY OMITTED) Updated as of 03/20/2020 5 X Company and its contractor(s) shall satisfy the insurance requirements attached to this Agreement as Exhibit A. Prior to commencement of dredging or any related activities authorized under this Agreement, the Authority shall be furnished with Certificates of Insurance describing the policies and limits therein. The Certificates of Insurance will be provided to the attention of the Risk Program Manager for review and approval. If Company fails to maintain all or any part of the polices, then its privileges shall be temporarily suspended until such policies have been reinstated. XI This license is effective upon the Effective Date and will terminate upon (i) completion of Company’s dredging project or (ii) 120 days from the Notice to Proceed, whichever occurs first. No dredging work may be performed until this agreement has been executed by both the Authority and the Company. EXECUTED in duplicate as of the Effective Date. CITY OF CORPUS CHRISTI By: ______________________________ Date: ______________________________ PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TEXAS By: ______________________________ Date: ______________________________ Updated as of 03/20/2020 6 EXHIBIT A INSURANCE Without limiting the indemnity obligations or liabilities of Company or its insurers, provided herein, Company agrees to carry and maintain at its sole expense policies of insurance ("the Policies") of the types and in the minimum amounts as follows: TYPE OF INSURANCE LIMITS OF LIABILITY A. Workers' Compensation Statutory B. Employer's Liability $500,000 per Occurrence $500,000 Aggregate C. Commercial General Liability $1,000,000 per Occurrence $2,000,000 Aggregate The CGL Policy will provide contractual liability coverage at the aforementioned limits. D. Business Automobile Liability $1,000,000 per Occurrence Automobile liability insurance coverage will include all owned, non-owned, and hired vehicles. E. Umbrella Liability $5,000,000 per Occurrence Umbrella liability coverage will apply to Employer’s Liability, Commercial General Liability, and Business Automobile Liability. F. Pollution Liability $2,000,000 per Occurrence G. Protection & Indemnity (P&I) $1,000,000 per Occurrence Company’s dredging contractor shall carry and maintain Protection & Indemnity Insurance with respect to bodily injury and/or property damage arising from marine operations. The Authority Parties shall be designated as an additional insured either by blanket additional insured or a specific endorsement. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against the Authority, its Port Commissioners, officers and employees (“Authority Parties”). Additionally, the Authority Parties shall be designated as an Additional Insured either by a blanket additional insured or a specific endorsement on all policies, except for Worker’s Compensation and Employer’s Liability. In the event that the work of Updated as of 03/20/2020 7 Company’s employees fall within the purview of the United States Longshoremen’s and Harbor Workers’ Compensation Act, the Jones Act or the Federal Employer’s Liability Act, Company shall extend its insurance coverage to provide insurance against the liabilities imposed under the applicable Act or Acts. Each policy, except Workers’ Compensation must contain an endorsement that the policy is primary to any other insurance available to the Additional Insureds with respect to claims arising under this Agreement. The insurance required as listed above in subsection A, B, C, D, F & G shall apply to any contractor or subcontractor performing for or on behalf of Company, and Company shall ensure that any such subcontractor is aware of and is in compliance with the insurance requirements during any period such contractor is performing work under this Agreement. The minimum insurance required may be increased periodically upon request by Authority to commercially reasonable limits. The company writing each of the Policies must possess a current rating with A.M. Best Company of at least “A-, VII”. Company’s liability shall not be limited to the specified amounts of insurance required herein. AGENDA MEMORANDUM Action Item for the City Council Meeting of February 9, 2021 DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Kevin Norton, Director of Water Utilities kevinn@cctexas.com (361) 826-1874 Heather Hurlbert, Director of Finance heatherh3@cctexas.com (361) 826-3227 CAPTION: Motion awarding a professional services contract to Hanson Professional Services, Inc., Corpus Christi, Texas, for engineering design, bid, and construction phase services for the reconstruction of 16-inch waterlines that run along Nueces Bay Blvd. and Poth Lane, located in Council District 1, in an amount of $428,405.00, with FY 2021 funding available from the Water Capital Improvement Program Fund. SUMMARY: This motion awards a professional services contract to provide engineering design, bid, and construction phase services for the reconstruction of approximately 16,000 LF (three miles) of 16- inch waterlines along Nueces Bay Blvd. and Poth Lane. BACKGROUND AND FINDINGS: The existing waterlines along Nueces Bay Blvd. and Poth Lane provide service to industrial facilities located along the Ship Channel. The 16-inch cast iron pipe waterlines were built in 1954 and 1971-1978, respectively, and have experienced several breaks and maintenance issues since their construction. Professional Services Contract Nueces Bay Blvd. & Poth Lane Waterline Replacement Currently, the City is also working on the design of elevated storage water tank s in which the Nueces Bay Blvd. and Poth Lane water lines will service. When the new Citywide elevated storage water tanks are put into service, the increased operating pressure may result in failures in the water distribution lines. The existing waterlines may break, and consequently the water supply to industry area would be halted. Therefore, it is imperative that the existing waterlines be replaced to avoid any interruption of service in water or other potential problems. The professional services contract provides for the design of the 16-inch waterline, preparation of construction plans, specifications, cost estimates, and all applicable permits for the waterline replacement. PROJECT TIMELINE: A S O Bid/Award 2021 - 2023 November - May Construction 2021 Jan - July Design Project schedule reflects City Council award of design in January 2021 with anticipated completion May 2023. COMPETITIVE SOLICITATION PROCESS Contracts and Procurement conducted a competitive Request for Qualification (RFQ 2667) process to obtain proposals for Professional Engineering Services. Eight firms submitted for the Nueces Bay Blvd. & Poth Lane Waterline Replacement project. Hanson Professional Services, Inc. was selected for the Nueces Bay Blvd. & Poth Lane Waterline Replacement project. Hanson Professional Services, Inc., was the highest ranked firm. The selection committee was comprised of representatives from the Utilities Department and Engineering Services. The final evaluation ranked Hanson as the highest ranked firm based on five factors: 1) firm’s experience and qualifications, 2) experience and qualifications of the project manager and key staff, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Hanson Professional Services, Inc., has provided professional services for several City projects. Some of the projects, which include waterline replacement, are Residential Street Rebuild Program, Gollihar Road, Staples Street, and Williams Drive Phase II. Hanson also recently completed a nine mile, 30-inch waterline project for the City of Fort Stockton, Texas. ALTERNATIVES: Any alternative to awarding this contract to Hanson Professional Services, Inc., will delay construction of the project and could result in waterline breaks when elevated storage tanks are implemented. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of $428,405.00 with funding available through the Water CIP Fund. FUNDING DETAIL: Fund: Water 2020 CIP (Fund 4099) Mission Elem: Water Distribution (041) Project: Nueces Bay Blvd. & Poth Lane Waterline Replacement (21039) Account: Outside Consultants (550950) Activity: 21039-4099-EXP Amount $428,405.00 RECOMMENDATION: Staff recommends award of the professional services contract with Hanson Professional Services, Inc., in the amount of $428,405.00. The design phase will start in January with design completion planned in July 2021. Construction is planned to start in November 2021 with completion in May of 2023. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Contract 37 181 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES NUECES BAY BLVD & POTH LANE WATER LINE REPLACEMENT VICINITY MAP NOT TO SCALE PROJECT NUMBER: 21039 PROJECT LOCATION PROJECT LOCATION LOCATION MAP NOT TO SCALE N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES AERIAL MAP NOT TO SCALE PROJECT NUMBER: 21039 PROJECT LOCATION U P R I V E R R D .NUECES BAY BLVDW. B R O A D W A Y S T .N. PORT AVE.POTH LN.BUDDY LAWRENCE DR.IH 37 CROSSTOWN EXPYLEOPARD ST. UP RIVER RD. NUECES BAY BLVD & POTH LANE WATER LINE REPLACEMENT Contract for Professional Services Page 1 of 12 Revised February 2020 SERVICE AGREEMENT NO. 3045 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 21039 - Nueces Bay Boulevard (Broadway Frontage) Waterline Replacement 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 Hanson Professional Services, Inc., 4501 Gollihar Road, Corpus Christi, Nueces County, Texas 78411 (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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 $428,405. 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. DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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). DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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. DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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. DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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. DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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. CITY OF CORPUS CHRISTI HANSON PROFESSIONAL SERVICES, INC. ____________________________________ _____________________________________ Michael Rodriguez Date James Messmore Date Chief of Staff Senior Vice President 4501 Gollihar Rd. Corpus Christi, TX 78411 (361) 814-9900 Office JMessmore@hanson-inc.com WRivera@hanson-inc.com APPROVED AS TO LEGAL FORM: ____________________________________ Assistant City Attorney Date DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151 11/4/2020 DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 11/5/2020 Contract for Professional Services Page 12 of 12 Revised February 2020 ATTEST ____________________________________ City Secretary Date DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F Hanson Professional Services Inc. 4501 Gollihar Road Corpus Christi, TX 78411 (361) 814-9900 Fax: (361) 814-4401 www.hanson-inc.com October 26, 2020 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Re: Scope of Services Nueces Bay Boulevard (Broadway Frontage) City Project No. Project No. 21039 Dear Mr. Edmonds, On behalf of Hanson we would like to thank you for the opportunity to assist the City with the completion of this project. The basic scope includes the design of 16,000 LF of new waterline based on the revised alignments and connection points that were discussed with city staff as well as exhibits that were provided by the City Staff for use in providing our fee proposal. The original RFQ document listed the scope as 9,000 LF of 16”-CIP waterline and a design budget of $450,000.00. The proposed waterline alignment includes two major sections of waterline. The first section begins near the intersection of Nueces Bay Boulevard and Up River Road and runs North to the intersection of W, Broadway and then East to a location near Burns Street. A section under IH 37 is already in place and will not need to be replaced. This first section is roughly 10,700 LF in length includes re-connecting service to five industrial meters (2-6” and 3-8”). It is assumed that the line will be constructed within the roadway and will include pavement repair/reconstruction. The second section begins at the intersection of Poth Lane and Up River road and runs North along Poth Lane to the intersection of Buddy Lawrence Drive and then turns South along Buddy Lawrence drive for a short distance. It will include crossing IH 37 with a new line. The section is roughly 5,800 LF in length and includes re-connecting 3 industrial meters (2-6” and 1-16”). It assumed that the line will be constructed within the roadway and will include pavement repair. The construction of the waterline in this proposed alignment impacted by numerous petrochemical pipelines. A detailed SUE program will be required. For each of the sections, all existing lateral lines, fire hydrants, small meters & misc. lines will be re- connected to the new lines. Valves will be provided at key locations along the sections. We estimate the construction cost to be approximately $8,000,000 for the 16,000 LF of new line. We propose to complete the design of the project at a fee of $428,405.00. Attached is Exhibit A which summarizes the scope of work, the preliminary schedule and breakdown of fees for the effort. We thank you for this opportunity and look forward to working with you on this project. Sincerely, HANSON PROFESSIONAL SERVICES INC Wilfredo Rivera, Jr., P.E. Vice-President 19L0247B….City Required Forms/Proposal Letter (102620).docx EXHIBIT A-1 COVER LETTER Page 1 of 1 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F EXHIBIT “A” Page 1 of 9 Revised 27 February 2020 EXHIBIT “A” CITY OF CORPUS CHRISTI, TEXAS Nueces Bay Boulevard (Broadway Frontage) City Project No. Project No. 20090A I. SCOPE OF SERVICES A.BASIC SERVICES For the purpose of this Contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural/Engineering services. 1.Preliminary Phase. The Architect/Engineer (A/E), also referred to as Consultant, will: a) Attend Project Kick-off Meeting and distribute meeting minutes to attendees within five working days of the meeting. b) Provide recommended geotechnical investigations scope and coordinate testing with City’s geotechnical Consultant. Proposed sites shall be approved by the City Project Manager prior to performing geotechnical investigation. c) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Submit a list of identified companies to the City. e) The AE will participate in discussions with the Operating Department; Development Services and other agencies (such as the Texas Department of Transportation (TXDOT) and Texas Commission of Environmental Quality (TCEQ) as required to satisfactorily complete the Project. Any directions or changes to scope provided by the Operating Department or other agencies shall be reviewed with the City Engineering Department PM prior to including/excluding from the scope of work. f) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, coordinate with agencies such as RTA, USPS, affected school districts (CCISD, FBISD, etc.), community groups, etc. g) Prepare an Engineering Letter Report (20 – 25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards (CPPS). The Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, sealed survey including topographic, right-of-way and utilities location information (per scope in Topographic and Right-of-Way (ROW) Survey services), right-of-way requirements, conformance to master plans, DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F EXHIBIT “A” Page 2 of 9 Revised 27 February 2020 identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, existing electric and communication utility companies and private pipeline companies, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos with location key map. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as TCEQ, RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Summary of Geotechnical Report findings. 6. Provide preliminary index of anticipated drawings and specifications. 7. Provide a preliminary summary table of anticipated required ROW parcels h) Submit one (1) copy in an approved electronic format, and three (3) hard copies of the Draft Engineering Letter Report. i)Initiate ELR submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of ELR submittal. j) Participate in Project review meeting with City staff and others on the Draft Engineering Letter Report as scheduled by City Project Manager. k) Address review comments and questions and provide written responses to the City PM. l) Assimilate all City review comments into the Final Engineering Letter Report (ELR). Provide one (1) electronic and one (1) hard copy using City Standards as applicable and suitable for reproduction. City staff will provide electronic copies of the following information (as applicable and requested through the City PM): a) Electronic index and database of City’s Record Drawing and record information. b) Record Drawings and record information as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans (as available from City Engineering files). d) Copy of Geotechnical Investigation Report. g) Traffic counts. Note: Applicable Master Plans and GIS mapping are available on the City’s website. The records provided for A/E’s use under this Contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this Contract is strictly prohibited. 2.Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed from the City Project Manager, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Inform private utility and pipeline owners whose facilities fall within the project limits of the proposed improvements. DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F EXHIBIT “A” Page 3 of 9 Revised 27 February 2020 Identify areas of potential conflicts. Coordinate with private utility and pipeline owners to obtain needed locations of their respective utility/pipeline, including Level A SUE by private utility/pipeline owner as necessary. Coordinate necessary adjustments and provide a project schedule to utility/pipeline owner. Provide utility/pipeline relocation schedule to the City and update monthly. b) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. c) Identify the approximate locations and areas of existing utilities and pipelines that may have a significant potential impact on the proposed features or utilities and for which the existing location(s) cannot be adequately determined by the SUE investigation up to and including Level B, and which require a Level A exploratory excavation during the design phase. These critical locations and their basis of potential impact are to be clearly provided on a layout for the City PM. d) Provide assistance to identify potential needs for testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). e) Prepare Construction Documents in City standard format for the work identified in the approved ELR. Include standard City of Corpus Christi detail sheets and specifications as applicable to the Project. 1. Prepare construction plans in compliance with CPPS using English units on full-size (22” x 34”). 2. Provide Traffic Control parameters, sequencing and performance requirements for the Contractors to develop the construction TCP. 3. Provide pollution control measures and BMP layout for the Contractor’s Storm Water Pollution Prevention Plan, using the City Standard Notes and BMP Detail Sheets as applicable. f) Provide one (1) set of the pre-ATA plans (100% unsealed and unstamped) in electronic and half-size hard copy using City Standards as applicable for City’s Pre-ATA review. Include the pre-ATA OPCC and written responses to previous review comments. The pre-ATA (100%) submittal will not include a full distribution and review unless in the opinion of the City Project Manager the questions from the previous review have not been adequately addressed or resolved in the pre- ATA submittal. If this occurs, the PM may request additional distribution, meeting, review and related revisions at no additional cost to the City. See item (l) below. g) Assimilate all pre-ATA comments, as appropriate, and provide one (1) set of the final plans and contract documents (signed and sealed, electronic and half-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. h) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant’s duties under this Contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F EXHIBIT “A” Page 4 of 9 Revised 27 February 2020 i) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City’s Standard Specifications, Standard Detail sheets, Front End Contract Documents, and forms for required bid documents. 3.Bid Phase. The A/E will: a) Participate in the pre-bid conference to discuss scope of work and to answer scope questions. b) Review all questions concerning the bid documents and prepare any revisions to the plans, specifications, and bid form that are necessary. c) Attend bid opening and assist with the evaluation of bids. d) Assist with the review of the Contractor’s Statement of Experience and confirm it meets Contract requirements. e) For bids over budget, the A/E will confer with City staff and provide and, if necessary, make such revisions to the bid documents as the City staff deems necessary to re-advertise the Project for bids. f) Provide two (2) hard copy sets and one (1) electronic set of conformed drawings and conformed Contract Documents (PDF and original format [CAD/Word/etc.]) to the City. The City staff will: a) Advertise the Project for bidding, maintain the list of prospective bidders, issue any addenda, prepare bid tabulation, and conduct the bid opening. b) Coordinate the review of the bids with the A/E. c) Prepare agenda materials for the City Council concerning bid awards. d) Prepare, review, and provide copies of the Contract for execution between the City and the Contractor. 4.Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review Contractor submittals and operating and maintenance manuals for conformance to Contract Documents. c) If requested by the City, review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the Contract Documents for the Contractor and authorize required changes, which do not affect the Contractor’s price and are not contrary to the general interest of the City under the Contract as requested by the Owner’s Authorized Representative (OAR). DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F EXHIBIT “A” Page 5 of 9 Revised 27 February 2020 e) Make periodic visits (Bi-Weekly Visits and Key Milestones) to the site of the Project to confer with the City Project Inspector and Contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the Contract Documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Provide interpretations and clarifications of the plans and specifications for the Contractor and recommendations to the City for minor changes which do not affect the Contractor’s price and are not contrary to the general interest of the City under the Contract as requested by the OAR g) Attend final inspection with City staff, provide punch list items to the City’s Construction Engineers for Contractor completion, and provide the City with a Certificate of Completion for the Project upon successful completion of the Project. h) Review Contractor-provided construction “red-line” drawings. Prepare Project Record Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or later) within one (1) month of receiving the Contractor’s red-line drawings. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The Record Drawings should incorporate the Contractor’s red-lines and identify all changes made during construction. The Drawing Cover and each sheet should be clearly identified as the Record Drawing and should indicate the basis and date. i) When requested by the OAR, assist in addressing Request for Information (RFI) submitted by the Contractor. The City staff will: a) Prepare applications/estimates for payments to Contractor. b) Conduct the final inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1.Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b) TxDOT utility and environmental permits, multiple use agreements c) Temporary Discharge Permit d) NPDES Permit/Amendments (including SSC, NOI, NOT) DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F EXHIBIT “A” Page 6 of 9 Revised 27 February 2020 e) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments f) Nueces County 2.Topographic and Right-of-Way (ROW) Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors’ Manual of Practice for Land Surveying in the State of Texas, latest edition. All work must be tied to and in conformance with the City’s Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. Include references tying Control Points to a minimum of two (2) registered NGS Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. Survey sheets shall be sealed, provided to the City and included in the bid document plan set. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of area that will be disturbed by construction. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied – i.e. – the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City’s Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water, water, IT and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility marking from the Texas 811 request. i) Open accessible manholes and inlets to obtain information on structure invert, type, and size; and all related pipe size, type, invert, orientation, and flow direction. j) Everything up to and including Level B subsurface engineering (SUE) is to be included in Topographic Survey. Surveying services related to Level A SUE are not included in Topographic and ROW Survey services, but shall be provided as part of the scope of work for SUE below, if needed. k) Locate existing features within the apparent ROW. l) Locate and identify trees, at least five inches in diameter, and areas of significant landscape or shrubs within the apparent ROW. m) Generate electronic planimetric base map for use in project design. n) Obtain finished floor elevations of critical and habitable structures along the roadway corridor as needed to certify drainage design criteria are met. o) The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead doors, driveways, parking lots, etc. p) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F EXHIBIT “A” Page 7 of 9 Revised 27 February 2020 q) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, addresses, and significant business/facility names. 3. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 4. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Significant revisions based on public meeting feedback may be negotiated for an additional fee. 5. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F EXHIBIT “A” Page 8 of 9 Revised 27 February 2020 II. SCHEDULE Monday, December, 2020 Notice to Proceed Monday, January, 2021 Draft ELR Submittal Monday, December, 2021 Topographic Survey & Base Mapping Monday, January, 2021 City Draft ELR Review Complete Tuesday, February, 2021 Final ELR submitted to City Monday, April, 2021 75% Plan Submittal Monday, May, 2021 City 75% Plan Review Complete Monday, May, 2021 100% Pre-ATA Submittal Monday, June, 2021 Final Sealed Bid Package June, 2021 Advertise For Bids June, 2021 Pre-bid Conference July, 2021 Receive Bids July, 2021 Contract Award September, 2021 Begin Construction March, 2023 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing all “Basic Services” authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E’s estimate (and with City’s concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E’s monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. “Additional Services”, the City will pay the A/E a not-to-exceed fee as per the table below: DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F EXHIBIT “A” Page 9 of 9 Revised 27 February 2020 21039_______ DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 1DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 1 Rev 01/20 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 2 Rev 01/20 be prior to inception of agreement, have 3-year reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 3 Rev 01/20 applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 3.Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4.Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” o r “provide.” F.Contract Documents are written in modified brief style: 1.Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2.Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3.Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G.Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H.Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I.Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B.Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1.Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F 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 DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F EXHIBIT “E” Page 1 of 2 SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known)N/A 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name TitleN/A 3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or CommitteeN/A 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked on any matter related to the subject of this contract and has an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name ConsultantN/A x 78411Corpus Christi4501 Gollihar Road Hanson Professsional Services Inc DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F EXHIBIT “E” Page 2 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a.“Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 10-26-2020 Wilfredo Rivera, Jr., P.E. Vice-President DocuSign Envelope ID: 49F74C75-2378-413D-8D8B-E36F3F4B4151DocuSign Envelope ID: 5F29F6EE-A15B-44A9-9AE0-62DF2843892F Capital Improvement Plan City of Corpus Christi, Texas 2019 2023 thru Description This is a new project to replace the approximately 9,000 LF of existing 16-in CIP water line along West Broadway Street and Nueces Bay Blvd. from the intersection of Nueces Bay Blvd and I-37 Frontage Rd. to the intersection of West Broadway Street and Port Ave; and 5,000 LF of existing 16-in CIP water line along Poth Lane from the intersection of Buddy Lawrence and Upriver Road. The existing 16-in CIP water line was built in 1971-1978, 1954 respectively. Project #21039 Priority 2 Critical- Asset Condition\longe Justification The existing 16-in CIP water line was built in 1954 and 1971-1978. When the new Citywide elevated storage water tanks are put into service, the increased operating pressure may result in the failure in the water distribution lines.The existing water line may break after the new elevated storage tanks are put into service, and consequently the water supply to industry area would be haulted. Budget Impact/Other There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. Useful Life 40 years Project Name Nueces Bay Blvd & Poth Lane - Water line Category Water Distribution Type Improvement/Additions Contact Director of Water Utilities Department Water Department Status Active Total2019 2020 2021 2022 2023Expenditures 7,000,0002,000,000 5,000,000Construction/Rehab 500,000250,000 250,000Inspection 300,000300,000Design 500,000250,000 250,000Contingency 2,800,000 5,500,000 8,300,000Total Total2019 2020 2021 2022 2023Funding Sources 8,300,0002,800,000 5,500,000Revenue Bonds 2,800,000 5,500,000 8,300,000Total 651 AGENDA MEMORANDUM Action Item for the City Council Meeting of February 09, 2021 DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 CAPTION: Motion authorizing the execution of Change Order Number 3 with Bay, LTD, Corpus Christi, Texas for the installation of a 30-inch valve on the existing 30-inch transmission main located on Holly Road between Airline and Rodd Field Road, located in Council District 4, in an amount of $168,804.13 for a total not to exceed amount of $8,697,683.26, with FY 2021 funding available from Water Capital Reserve Fund. SUMMARY: This Change Order authorizes the additional funding required for the installation of a new 30-inch valve on the existing 30-inch transmission main located on Holly Road between Airline and Rodd Field Road and the installation of a 30” line stop to minimize the outage area. BACKGROUND AND FINDINGS: The Holly Road from Rodd Field to Ennis Joslin construction contract was awarded to Bay, LTD on August 27, 2019. The project is currently under construction with projected completion in April of 2021. There was an existing 30” water transmission main within the former Holly Road roadbed throughout the project limits that was originally installed in 1971. The existing line was replaced from Rodd Field to Ennis Joslin as part of the Holly Road project. That water main is the primary source of supply for parts of Flour Bluff, the Island and Port Aransas. During routine maintenance operations in early 2020, the existing 30” valve at Rodd Field Road and Holly Road failed. Repairing that valve will require depressurizing the area between Rodd Field and the next upstream valve at Staples Street. That would require closing 13 additional valves and would depressurize the customers in an area of about one-half square mile. Since such a widespread outage is considered unacceptable, the Utilities Department requested that Engineering Services provide contractor support for installation of a 30” line stop so the valve at Rodd Field can be repaired and to also install a new 30” valve on the existing transmission Construction Change Order Holly Road – Rodd Field to Ennis Joslin (Bond 2018 Proposition 1 & 2) main between Rodd Field and Staples Street. The new valve will allow for better operation and control of the water distribution system. Using the existing Holly Road contract was the most expeditious means of accomplishing this work since the contractor is on site and has experience working on this 30” main. Change Order Number 3 authorizes the additional funding needed in the amount of $168,804.13 for installation of a 30-inch valve on the existing 30-inch transmission main and the installation of a 30” line stop. PROJECT TIMELINE WITH CHANGE ORDER: Currently, the construction is ahead of the contract completion date of April 10, 2021. Change Order No. 3 will add 10 additional calendar days extending the completion date to April 20, 2021. ALTERNATIVES: The City could defer this work until a future date, but this would delay the repair of the existing valve and installation of a new 30-inch valve on the existing 30-inch transmission main. This could result in in additional construction cost for mobilization, bonds, and insurances. This would also increase the risk of a widespread outage since the existing 30” valve at Rodd Field and Holly Road is inoperable. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of $168,804.13 with funding available from the Water Capital Reserve Fund. Funding Detail: Funds for the Change Order No. 3 are available through Water Capital Reserve Fund. Fund: Water 2020 (Fund 4099) Mission Elem: Water Distribution System (ME 041) Project No.: Holly Road (Rodd Field Rd to Ennis Joslin Rd) (Project# 18021A) Account: Construction contract (Account #550910) Activity: 18021-A-4099-EXP Amount: $168,804.13 RECOMMENDATION: Staff recommends approval of this Change Order No. 3 in an amount of $168,804.13, with Bay, LTD for installation of a 30-inch line stop and a new 30-inch water valve on the existing 30-inch transmission main. Construction is anticipated to be completed by April 20, 2021. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Change Order No. 3 HOLLY A I R L I N E McARDLE WOOLDRIDGE WILLIAMS NILEO S O CIMARRONENNIS JOSLINQUEBECLEXINGTONRHINE SANDRA L A K E V I E WWOODLAWNDALYDELTA RODD FIELDCALGARY DUNBARTON OAK LYONS WOOLASWANCLARECANO VINEYARD SILVER SANDSARSHIAFLEECET H E M A N S IO N S MILKY WAY MICHELINEHATHOR MEADOWVISTA VIENNA RIDING WIND ALLMAN STAR HARBORLULA WILLIAMSDALYASWANCLARENILE DALYHOLLY ROAD -RODD FIELD TO ENNIS JOSLIN Location Map CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXASDEPARTMENT OF ENGINEERING SERVICES Project Location PROJECT NO. 18021A . Legend Holly Road Water Line Stop & 30-inch Water Valve January 6, 2020 Brett Van Hazel Engineering Services Assistant Director of Construction Management City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Re: Project No.: 18021A Holly– Rodd Field to Ennis Joslin (Type B) Owner: City of Corpus Christi, TX Location: Holly Rd (Between Woodbend and Toben Dr.) Bay Job No.: 51-0951 Subject: Proposal for 30” Valve Installation (with 30” Linestop) Brett, Bay is pleased to provide the City of Corpus Christi this proposal to install a 30” Valve on the existing 30” waterline located on Holly Road between Airline and Rodd Field Road. The City will provide the 30” Fitting needed for the line-stop as well as the 30” Valve plus fittings. The grand total to perform this work is $140,813.74 and will require approximately two weeks to complete. A $40,000 contingency item should also be included to cover unknowns. Attached you will find an itemized breakdown of all anticipated costs. We look forward to doing this work for the City. Thank you and please contact me should you have any questions or concerns. Sincerely, Jesus H. Wong Area Manager PROJECT:BAY, LTD. CITY PROJECT NO:P.O. BOX 9908 HIGHWAY:CORPUS CHRISTI, TX. 78469 COUNTY: DATE: 1/6/2021 ITEM DESCRIPTION QTY U/M DAYS TCP + Barricades 1.00         LS 1 SWPPP 1.00         LS Exploratory Digging *1.00         DAY 1 Excavation 2.00         DAY 2 Dewatering 30" WL 10.00       HRS 1 30" Linestop + Conc Support 1.00         LS 1 New 30" Valve 1.00         EA 2 FDR PATCH (10' x 12' & 10' x 10')220.00         SY 1 CLEANUP 1.00         LS 1 ‐            ‐        ‐            ‐        ‐            ‐        ‐            ‐        ‐            ‐        ‐            ‐        DAYS REQUESTED:10 GRAND TOTAL:140,813.74$                         ‐‐ ‐$                     ‐‐ ‐$                     ‐‐ ‐$                     ‐‐ ‐$                     82.32$                18,110.81$         1,832.44$           1,832.44$            ‐‐ ‐$                     ‐‐ ‐$                     146.16$              1,461.63$            85,601.21$        85,601.21$         18,824.03$        18,824.03$         2,645.78$           5,291.56$            COMMENTSU/P ITEM TOTAL 4,052.17$           4,052.17$            962.18$              962.18$               4,677.71$           4,677.71$            INSTALL 30" WATERLINE + 30" LINE STOP (HOLLY RD, Woodbend to Toben) CHANGE ORDER SUMMARY HOLLY ROAD (Rodd Field to Ennis Joslin) 18021A NUECES Anew 30" Fitting may be required pending the explotratory findings.   (Approximate cost for this fitting is $40K.) NOTES: 1 of 1 PROJECT:BAY, LTD. CITY PROJECT NO:P.O. BOX 9908 HIGHWAY:CORPUS CHRISTI, TX. 78469 COUNTY: DATE: 11/3/2020 QTY UNIT RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE AMOUNT EQUIPMENT ‐                ‐                ‐                ‐                ‐                ‐                ‐                ‐                LABOR ‐                ‐                ‐                ‐                ‐                MATERIAL ‐                ‐                ‐                ‐                ‐                SUB Traffic Control Plan 1.00                     EA 750.00        750.00         Barricades * 1.00                     MO 2,571.00     2,571.00      Pavement Markings 1.00                     LS 500.00        500.00         SUBTOTAL Equipment ‐               Labor ‐               Material ‐               SUB 3,821.00      Notes:   DAYS REQUESTED 1 EQUIPMENT 15%‐                LABOR 15%‐                MATERIAL 15%‐                SUBCONTRACTOR 5% 191.05         MARK‐UP 191.05         PT&I 55%‐                BOND 1% 40.12              TOTAL CHANGE ORDER    UNIT PRICE 4,052.17                          4,052.17                          18021A NUECES ‐                                        ‐                                        191.05                                  40.12                                    3,821.00                              MARKUP TABLE EQUIPMENT LABOR ‐                                        ‐                                        CHANGE ORDER TCP + Barricades 1.00              LS * Barricades Setup / 1 mob included. HOLLY ROAD (Rodd Field to Ennis Joslin) SUBMATERIAL 2 of 10 PROJECT:BAY, LTD. CITY PROJECT NO:P.O. BOX 9908 HIGHWAY:CORPUS CHRISTI, TX. 78469 COUNTY: DATE: 11/3/2020 QTY UNIT RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE AMOUNT EQUIPMENT Pickup 10.00                   HRS 15.97          159.70         ‐                ‐                ‐                ‐                ‐                ‐                ‐                LABOR Laborer (2)20.00                   HRS 14.50          290.00         ‐                ‐                ‐                ‐                MATERIAL Inlet Protection 6.00                     EA 40.00          240.00         ‐                ‐                ‐                ‐                SUB 0.00                     0.00             0.00              ‐                ‐                SUBTOTAL Equipment 159.70        Labor 290.00        Material 240.00        SUB 0.00              Notes:   DAYS REQUESTED 0 EQUIPMENT 15% 23.96           LABOR 15% 43.50           MATERIAL 15% 36.00           SUBCONTRACTOR 5% 0.00              MARK‐UP 103.46         PT&I 55% 159.50         BOND 1% 9.53                 TOTAL CHANGE ORDER    UNIT PRICE SWPPP 1.00              LS CHANGE ORDER HOLLY ROAD (Rodd Field to Ennis Joslin) 18021A NUECES EQUIPMENT LABOR MATERIAL SUB MARKUP TABLE 9.53                                      962.18                             962.18                             159.70                                  290.00                                  240.00                                  0.00                                      103.46                                  159.50                                  3 of 10 PROJECT:BAY, LTD. CITY PROJECT NO:P.O. BOX 9908 HIGHWAY:CORPUS CHRISTI, TX. 78469 COUNTY: DATE: 11/3/2020 QTY UNIT RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE AMOUNT EQUIPMENT Excavator 10.00                   HRS 150.64        1,506.40      Hydro Excavator 10.00                   HRS 20.00          200.00         Dump Truck 10.00                   HRS 75.12          751.20         Pickup 10.00                   HRS 15.97          159.70         ‐                ‐                ‐                ‐                LABOR Foreman 10.00                   HRS 23.00          230.00         Operator (Excavator)10.00                   HRS 23.00          230.00         Laborer (2)20.00                   HRS 14.25          285.00         Truck Driver 10.00                   HRS 17.50          175.00         ‐                MATERIAL Dump Fee 1.00                     LS 50.00          50.00           ‐                ‐                ‐                ‐                SUB ‐                ‐                ‐                SUBTOTAL Equipment 2,617.30     Labor 920.00        Material 50.00          SUB ‐                Notes:   DAYS REQUESTED 1 EQUIPMENT 15% 392.60         LABOR 15% 138.00         MATERIAL 15% 7.50              SUBCONTRACTOR 5%‐                MARK‐UP 538.10         PT&I 55% 506.00         BOND 1% 46.31              TOTAL CHANGE ORDER    UNIT PRICE Exploratory Digging * 1.00              DAY CHANGE ORDER HOLLY ROAD (Rodd Field to Ennis Joslin) 18021A NUECES EQUIPMENT LABOR MATERIAL SUB MARKUP TABLE * Exploratory Excavation will be necessary to  determine exact size and copmosition of exsiting  WL.  Linestop fitting may need to be custom  ordered.  May need to postpone work if so. 46.31                                    4,677.71                          4,677.71                          2,617.30                              920.00                                  50.00                                    ‐                                        538.10                                  506.00                                  4 of 10 PROJECT:BAY, LTD. CITY PROJECT NO:P.O. BOX 9908 HIGHWAY:CORPUS CHRISTI, TX. 78469 COUNTY: DATE: 11/3/2020 QTY UNIT RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE AMOUNT EQUIPMENT Excavator 10.00                   HRS 150.64        1,506.40      Loader 10.00                   HRS 46.88          468.80         Dump Truck 10.00                   HRS 75.12          751.20         Plate Tamper 10.00                   HRS 5.00             50.00           Pickup 20.00                   HRS 15.97          319.40         ‐                ‐                ‐                LABOR Foreman 10.00                   HRS 23.00          230.00         Operator (Excavator)10.00                   HRS 23.00          230.00         Laborer (2)20.00                   HRS 14.25          285.00         Truck Driver 10.00                   HRS 17.50          175.00         ‐                MATERIAL Dump Fee 1.00                     LS 100.00        100.00         ‐                ‐                ‐                ‐                SUB ‐                ‐                ‐                SUBTOTAL Equipment 3,095.80     Labor 920.00        Material 100.00        SUB ‐                Notes:   DAYS REQUESTED 2 EQUIPMENT 15% 464.37         LABOR 15% 138.00         MATERIAL 15% 15.00           SUBCONTRACTOR 5%‐                MARK‐UP 617.37         PT&I 55% 506.00         BOND 1% 52.39              TOTAL CHANGE ORDER    UNIT PRICE Excavation 2.00              DAY CHANGE ORDER HOLLY ROAD (Rodd Field to Ennis Joslin) 18021A NUECES EQUIPMENT LABOR MATERIAL SUB MARKUP TABLE 52.39                                    5,291.56                          2,645.78                          3,095.80                              920.00                                  100.00                                  ‐                                        617.37                                  506.00                                  5 of 10 PROJECT:BAY, LTD. CITY PROJECT NO:P.O. BOX 9908 HIGHWAY:CORPUS CHRISTI, TX. 78469 COUNTY: DATE: 11/3/2020 QTY UNIT RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE AMOUNT EQUIPMENT 6" Water Pump 10.00                   HRS 27.00          270.00         Pickup 10.00                   HRS 15.97          159.70         ‐                ‐                ‐                ‐                ‐                ‐                LABOR Laborer (2)20.00                   HRS 14.50          290.00         ‐                ‐                ‐                ‐                MATERIAL 6" Hose 50.00                   LF 8.00             400.00         ‐                ‐                ‐                ‐                SUB ‐                ‐                ‐                SUBTOTAL Equipment 429.70        Labor 290.00        Material 400.00        SUB ‐                Notes:   DAYS REQUESTED 1 EQUIPMENT 15% 64.46           LABOR 15% 43.50           MATERIAL 15% 60.00           SUBCONTRACTOR 5%‐                MARK‐UP 167.96         PT&I 55% 159.50         BOND 1% 14.47              TOTAL CHANGE ORDER    UNIT PRICE Dewatering 30" WL 10.00            HRS CHANGE ORDER HOLLY ROAD (Rodd Field to Ennis Joslin) 18021A NUECES EQUIPMENT LABOR MATERIAL SUB MARKUP TABLE 14.47                                    1,461.63                          146.16                             429.70                                  290.00                                  400.00                                  ‐                                        167.96                                  159.50                                  6 of 10 PROJECT:BAY, LTD. CITY PROJECT NO:P.O. BOX 9908 HIGHWAY:CORPUS CHRISTI, TX. 78469 COUNTY: DATE: 11/3/2020 QTY UNIT RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE AMOUNT EQUIPMENT Excavator (Assist Sub)10.00                   HRS 150.64        1,506.40      Concrete Equipment 5.00                     HRS 5.00             25.00           ‐                ‐                ‐                ‐                ‐                ‐                LABOR Foreman 5.00                     HRS 23.00          115.00         Operator (Excavator)(Assist Sub)10.00                   HRS 23.00          230.00         Laborer (2)10.00                   HRS 14.25          142.50         ‐                ‐                MATERIAL Class A Concrete 9.00                     CY 115.00        1,035.00      (Support Block)‐                Cement Sand 75.00                   TN 35.25          2,643.75      Sand 60.00                   TN 13.50          810.00         ‐                SUB 30" Linestop *1.00                     LS 73,335.00  73,335.00   ‐                ‐                SUBTOTAL Equipment 1,531.40     Labor 487.50        Material 4,488.75     SUB 73,335.00   Notes:   DAYS REQUESTED 1 EQUIPMENT 15% 229.71         LABOR 15% 73.13           MATERIAL 15% 673.31         SUBCONTRACTOR 5% 3,666.75      MARK‐UP 4,642.90      PT&I 55% 268.13         BOND 1% 847.54            TOTAL CHANGE ORDER    UNIT PRICE 30" Linestop + Conc  Support 1.00              LS CHANGE ORDER HOLLY ROAD (Rodd Field to Ennis Joslin) 18021A NUECES EQUIPMENT LABOR MATERIAL SUB MARKUP TABLE * SEE ATTACHED TERMS AND CONDITIONS 847.54                                  85,601.21                        85,601.21                        1,531.40                              487.50                                  4,488.75                              73,335.00                            4,642.90                              268.13                                  7 of 10 PROJECT:BAY, LTD. CITY PROJECT NO:P.O. BOX 9908 HIGHWAY:CORPUS CHRISTI, TX. 78469 COUNTY: DATE: 11/3/2020 QTY UNIT RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE AMOUNT EQUIPMENT Excavator 20.00                   HRS 150.64        3,012.80      Loader 20.00                   HRS 46.88          937.60         Dump Truck 20.00                   HRS 75.12          1,502.40      Tamper 20.00                   HRS 5.00             100.00         Pickup 40.00                   HRS 15.97          638.80         ‐                ‐                ‐                LABOR Foreman 20.00                   HRS 29.00          580.00         Operator (Excavator)20.00                   HRS 23.00          460.00         Operator 20.00                   HRS 18.00          360.00         Pipe Layer (2)40.00                   HRS 16.50          660.00         Laborer (2)20.00                   HRS 14.50          290.00         Truck Driver 20.00                   HRS 17.50          350.00         MATERIAL Dump Fee 1.00                     LS 100.00        100.00         Trench Protection 1.00                     MO 2,470.00     2,470.00      Cement Sand 75.00                   TN 35.25          2,643.75      Sand 60.00                   TN 13.50          810.00         30" Valve (City to provide)‐                       EA ‐                SUB ‐                ‐                ‐                SUBTOTAL Equipment 6,191.60     Labor 2,700.00     Material 6,023.75     SUB ‐                Notes:   DAYS REQUESTED 2 EQUIPMENT 15% 928.74         LABOR 15% 405.00         MATERIAL 15% 903.56         SUBCONTRACTOR 5%‐                MARK‐UP 2,237.30      PT&I 55% 1,485.00      BOND 1% 186.38            TOTAL CHANGE ORDER    UNIT PRICE New 30" Valve 1.00              EA CHANGE ORDER HOLLY ROAD (Rodd Field to Ennis Joslin) 18021A NUECES EQUIPMENT LABOR MATERIAL SUB MARKUP TABLE 186.38                                  18,824.03                        18,824.03                        6,191.60                              2,700.00                              6,023.75                              ‐                                        2,237.30                              1,485.00                              8 of 10 PROJECT:BAY, LTD. CITY PROJECT NO:P.O. BOX 9908 HIGHWAY:CORPUS CHRISTI, TX. 78469 COUNTY: DATE: 11/3/2020 QTY UNIT RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE AMOUNT EQUIPMENT Motorgrader 10.00                   HRS 106.53        1,065.30      Compactor 10.00                   HRS 39.06          390.60         Loader 5.00                     HRS 46.88          234.40         Backhoe 10.00                   HRS 42.07          420.70         Water Truck 5.00                     HRS 35.05          175.25         Pickup 20.00                   HRS 15.97          319.40         ‐                ‐                LABOR Foreman 10.00                   HRS 23.00          230.00         Blade Operator 10.00                   HRS 26.00          260.00         Operator (2)15.00                   HRS 16.50          247.50         Laborer (2)20.00                   HRS 14.50          290.00         ‐                MATERIAL 12" Hotmix 152.46                 TN 75.22          11,468.04   ‐                ‐                ‐                ‐                SUB ‐                ‐                ‐                SUBTOTAL Equipment 2,605.65     Labor 1,027.50     Material 11,468.04  SUB ‐                Notes:   DAYS REQUESTED 1 EQUIPMENT 15% 390.85         LABOR 15% 154.13         MATERIAL 15% 1,720.21      SUBCONTRACTOR 5%‐                MARK‐UP 2,265.18      PT&I 55% 565.13         BOND 1% 179.31            TOTAL CHANGE ORDER    UNIT PRICE FDR PATCH  (10' x 12' & 10' x 10')220.00         SY CHANGE ORDER HOLLY ROAD (Rodd Field to Ennis Joslin) 18021A NUECES EQUIPMENT LABOR MATERIAL SUB MARKUP TABLE 179.31                                  18,110.81                        82.32                                2,605.65                              1,027.50                              11,468.04                            ‐                                        2,265.18                              565.13                                  9 of 10 PROJECT:BAY, LTD. CITY PROJECT NO:P.O. BOX 9908 HIGHWAY:CORPUS CHRISTI, TX. 78469 COUNTY: DATE: 11/3/2020 QTY UNIT RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE AMOUNT EQUIPMENT Backhoe 5.00                     HRS 42.07          210.35         Broom 5.00                     HRS 30.40          152.00         Dump Truck 5.00                     HRS 75.12          375.60         Pickup 10.00                   HRS 15.97          159.70         ‐                ‐                ‐                ‐                LABOR Foreman 5.00                     HRS 23.00          115.00         Operator 5.00                     HRS 23.00          115.00         Laborer (2)10.00                   HRS 14.25          142.50         Truck Driver 5.00                     HRS 17.50          87.50           ‐                MATERIAL ‐                ‐                ‐                ‐                ‐                SUB ‐                ‐                ‐                SUBTOTAL Equipment 897.65        Labor 460.00        Material ‐               SUB ‐                Notes:   DAYS REQUESTED 1 EQUIPMENT 15% 134.65         LABOR 15% 69.00           MATERIAL 15%‐                SUBCONTRACTOR 5%‐                MARK‐UP 203.65         PT&I 55% 253.00         BOND 1% 18.14              TOTAL CHANGE ORDER    UNIT PRICE CLEANUP 1.00              LS CHANGE ORDER HOLLY ROAD (Rodd Field to Ennis Joslin) 18021A NUECES EQUIPMENT LABOR MATERIAL SUB MARKUP TABLE 18.14                                    1,832.44                          1,832.44                          897.65                                  460.00                                  ‐                                        ‐                                        203.65                                  253.00                                  10 of 10 18021A CHANGE ORDER 3: $168,804.13, + 10 DAYS From: Ruben Barrera [Engineering] <RubenB@cctexas.com> Sent: Wednesday, December 30, 2020 9:31 AM To: Amie Wojtasczyk <AmieW@cctexas.com>; Geoffrey Mayer <GeoffreyM@cctexas.com> Subject: RE: (Urgent) 18021A Change Order 3 Amie, I’m good with it. Regards, Ruben Barrera Senior Project Manager City of Corpus Christi Engineering Services (361) 815-0049 From: Geoffrey Mayer <GeoffreyM@cctexas.com> Sent: Wednesday, December 30, 2020 9:29 AM To: Ruben Barrera [Engineering] <RubenB@cctexas.com>; Amie Wojtasczyk <AmieW@cctexas.com> Subject: Re: (Urgent) 18021A Change Order 3 Looks good to me Sent from my T-Mobile 4G LTE Device Get Outlook for Android From: Amie Wojtasczyk <AmieW@cctexas.com> Sent: Wednesday, December 30, 2020 9:16:41 AM To: Ruben Barrera [Engineering] <RubenB@cctexas.com>; Geoffrey Mayer <GeoffreyM@cctexas.com> Subject: (Urgent) 18021A Change Order 3 Gentlemen, Please review the attached change order 3 for project 18021A for $168,804.13 for Council while we are still obtaining a funding source. Feel free to offer comments or additional information, and if approved please reply to this email Thank you Amie Wojtasczyk Engineering Project Specialist Supervisor City of Corpus Christi Engineering Services Construction Inspection Division 4917 Holly Road, Bldg. 5 Corpus Christi, TX 78411 AmieW@cctexas.com P: (361) 826-3451 From: Brett Van Hazel <brettvh@cctexas.com> Sent: Friday, December 18, 2020 9:09 AM To: Karissa O'Neill <KarissaO@cctexas.com> Cc: Ruben Barrera [Engineering] <RubenB@cctexas.com>; Geoffrey Mayer <GeoffreyM@cctexas.com>; Amie Wojtasczyk <AmieW@cctexas.com> Subject: FW: 18021A Holly Rd. - C.O. for Line Stop Work Karissa, Please use this proposal for the change order. Can you have this ready by next week? Brett Van Hazel Engineering Services Assistant Director of Engineering Services: Construction Management From: Wong, Jesus <WongJ@bayltd.com> Sent: Wednesday, December 16, 2020 11:11 AM To: Brett Van Hazel <brettvh@cctexas.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work Brett, From our last meeting I went ahead and revised our change order form. Please review and let me know if this explains the numbers more clearly. Also, as I was doing this I found a small bust on one of the items which the new form corrected. Thank you and let me know if this is what you were looking for. Jesus H. Wong Area Manager, Highway Division, Bay Ltd. From: Wong, Jesus Sent: Friday, December 4, 2020 11:12 AM To: 'Brett Van Hazel' <brettvh@cctexas.com> Cc: Geoffrey Mayer <GeoffreyM@cctexas.com>; Ruben Barrera [Engineering] <RubenB@cctexas.com>; Eyler, Rocky <EylerR@bayltd.com>; Berry, Hunter <berryh@bayltd.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work Brett, A revised proposal is attached. I think the contingency should be enough to cover a custom 30” fitting for the line-stop which will cost about 40k. That will be up to the City. Thank you please call if you have questions. Jesus H. Wong Area Manager, Highway Division, Bay Ltd. From: Brett Van Hazel <brettvh@cctexas.com> Sent: Wednesday, December 2, 2020 9:50 AM To: Wong, Jesus <WongJ@bayltd.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work Jesse, I just got confirmation that utilities has the 30” valve and fittings for the valve. We should still put a contingency in to cover unknowns. Brett Van Hazel Engineering Services Assistant Director of Engineering Services: Construction Management From: Wong, Jesus <WongJ@bayltd.com> Sent: Wednesday, December 2, 2020 9:14 AM To: Brett Van Hazel <brettvh@cctexas.com> Subject: Re: 18021A Holly Rd. - C.O. for Line Stop Work I will revise it. The contingency will be about 85k and includes a custom 30” fitting along with a 30” valve. JW From: Brett Van Hazel <brettvh@cctexas.com> Sent: Wednesday, December 2, 2020 8:44:39 AM To: Wong, Jesus <WongJ@bayltd.com> Cc: Geoffrey Mayer <GeoffreyM@cctexas.com>; Ruben Barrera [Engineering] <RubenB@cctexas.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work Jesse, We had asked for a contingency cost but it was intended to get a general number like $20K more so that we could create a pool of money that could be tapped into if needed. The way this proposal is written I would be obligated to pay you $80K extra. Brett Van Hazel Engineering Services Assistant Director of Engineering Services: Construction Management From: Wong, Jesus <WongJ@bayltd.com> Sent: Tuesday, December 1, 2020 1:32 PM To: Brett Van Hazel <brettvh@cctexas.com> Cc: Geoffrey Mayer <GeoffreyM@cctexas.com>; Ruben Barrera [Engineering] <RubenB@cctexas.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work I will look at my numbers but it has to do with adding material, including the 30” Valve and 30” Fitting. I was told to include these costs. Jesus H. Wong Area Manager, Highway Division, Bay Ltd. From: Brett Van Hazel <brettvh@cctexas.com> Sent: Tuesday, December 1, 2020 1:25 PM To: Wong, Jesus <WongJ@bayltd.com> Cc: Geoffrey Mayer <GeoffreyM@cctexas.com>; Ruben Barrera [Engineering] <RubenB@cctexas.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work Jesse, Why did the proposal jump $80K? Brett Van Hazel Engineering Services Assistant Director of Engineering Services: Construction Management From: Wong, Jesus <WongJ@bayltd.com> Sent: Tuesday, November 24, 2020 10:54 AM To: Brett Van Hazel <brettvh@cctexas.com> Cc: Geoffrey Mayer <GeoffreyM@cctexas.com>; Ruben Barrera [Engineering] <RubenB@cctexas.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work Brett, Please see attached proposal. Let me know if this will work for you. Thank you. Jesus H. Wong Area Manager, Highway Division, Bay Ltd. From: Brett Van Hazel <brettvh@cctexas.com> Sent: Monday, November 23, 2020 4:04 PM To: Wong, Jesus <WongJ@bayltd.com>; Geoffrey Mayer <GeoffreyM@cctexas.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work Jesse, Any update on this? Brett Van Hazel Engineering Services Assistant Director of Engineering Services: Construction Management From: Wong, Jesus <WongJ@bayltd.com> Sent: Wednesday, November 18, 2020 7:35 PM To: Brett Van Hazel <brettvh@cctexas.com>; Geoffrey Mayer <GeoffreyM@cctexas.com> Subject: Re: 18021A Holly Rd. - C.O. for Line Stop Work I will get that to you. From: Brett Van Hazel <brettvh@cctexas.com> Sent: Wednesday, November 18, 2020 4:03:45 PM To: Wong, Jesus <WongJ@bayltd.com>; Geoffrey Mayer <GeoffreyM@cctexas.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work Jesse, Do you have the cover letter with all the cost summarized? Brett Van Hazel Engineering Services Assistant Director of Construction Management From: Wong, Jesus <WongJ@bayltd.com> Sent: Wednesday, November 18, 2020 10:04 AM To: Geoffrey Mayer <GeoffreyM@cctexas.com>; Brett Van Hazel <brettvh@cctexas.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work Geoff/Brett, Please see revised pricing for this change order. Thanks and call if you have any questions. Jesus H. Wong Area Manager, Highway Division, Bay Ltd. From: Brett Van Hazel <brettvh@cctexas.com> Sent: Monday, November 16, 2020 2:21:47 PM To: Geoffrey Mayer <GeoffreyM@cctexas.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work Geoff, No, that’s why they need to excavate and measure the pipe size prior to fabrication Brett Van Hazel From: Wong, Jesus <WongJ@bayltd.com> Sent: Monday, November 16, 2020 9:29:23 AM To: Geoffrey Mayer <GeoffreyM@cctexas.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work Will the City still be providing the 30” Valve and any misc. material needed? Jesus H. Wong From: Brett Van Hazel <brettvh@cctexas.com> Sent: Monday, November 9, 2020 2:01 PM To: Geoffrey Mayer <GeoffreyM@cctexas.com> Cc: Ruben Barrera [Engineering] <RubenB@cctexas.com>; Jana Rodriguez <janar@cctexas.com> Subject: FW: 18021A Holly Rd. - C.O. for Line Stop Work Geoff, Please get with Jesse and put together a final proposal for this work to include contingency. Once we have the final proposal we’ll have Jana draft the CO. I’ll start working with the PM to get this on Council Agenda. Note: We expect Bay to expose the pipe, take the necessary measurements, backfill the hole, and order the new pipe material. This should be included in their pricing. This should prevent us from receiving incorrect material as was eluded to in the email below. Brett Van Hazel Engineering Services Assistant Director of Construction Management From: Wong, Jesus <WongJ@bayltd.com> Sent: Friday, November 6, 2020 5:12 PM To: Brett Van Hazel <brettvh@cctexas.com>; Geoffrey Mayer <GeoffreyM@cctexas.com> Cc: Ruben Barrera [Engineering] <RubenB@cctexas.com>; Eyler, Rocky <EylerR@bayltd.com>; Berry, Hunter <berryh@bayltd.com> Subject: RE: 18021A Holly Rd. - C.O. for Line Stop Work Brett/Geoff, Please see attached breakdowns for pricing. The anticipated cost to perform this work is $120,400. Additionally, • The Bay pipe crew that will be installing the valve may need to be pulled from other work items on other projects. We’ll have to discuss and address any impacts due to this change order. • Dewatering is by the hour. Ten hours were used for this estimate but may need to be adjusted. • Barricade pricing is good for 1 month. There is a chance that this may need to be increased and an additional mob added if the 30” Fitting does not fit the existing 30” WL. If this is the case Rangeline will have to custom order a new fitting. The time needed to fab and deliver the fitting is unknown at this point. Prices will need to be provided at this point. • With the exception of SWPPP and FDR’s, prices are Labor and Equipment only. • Testing is excluded. (We don’t think testing would be applicable.) • All efforts will be made to protect the integrity of existing utilities. However, Bay will not be held responsible should any issues arise that are out of our control. A new set of pricing will need to be established if the City wants Bay to handle any new repairs. • Our Linestop-Sub will require 2 weeks’ notice. We will need a complete agreement to this CO prior to scheduling the sub. Thank you and please contact me if you have any questions. Jesus H. Wong Area Manager, Highway Division, Bay Ltd. From: Brett Van Hazel <brettvh@cctexas.com> Sent: Friday, October 30, 2020 5:27:03 PM To: Wong, Jesus <WongJ@bayltd.com>; Geoffrey Mayer <GeoffreyM@cctexas.com> Cc: Ruben Barrera [Engineering] <RubenB@cctexas.com> Subject: 18021A Holly Rd. - Line Stop Work Gents, What’s the status of doing the line stop change order on Holly? Brett Van Hazel Engineering Services Assistant Director of Construction Management Capital Improvement Plan City of Corpus Christi, Texas 2019 2023 thru Description Reconstruction and widening of existing 2-lane roadway with roadside ditches to a 3-lane roadway with new pavement, curb & gutter, sidewalk, ADA compliant curb ramps, signage, and pavement markings. Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan. Project #18021A Justification Consistency with the Comprehensive Plan; Policy Statements pp. 25-32; Transportation Master Plan. This project will improve the road and accommodate heavier traffic flows and provide a safer driving experience. Budget Impact/Other There is no direct operational budget impact. Useful Life 25 years Project Name Holly Road (Rodd Field Rd to Ennis Joslin Rd) Category Street-Rehabilation Type Improvement/Additions Department Street Department Status Active Total2019 2020 2021 2022 2023Expenditures 2,212,7342,212,734Construction/Rehab 921,514921,514Storm Water-St. 12,83212,832WasteWater-St 1,276,1171,276,117Water-St. 73,24073,240Gas-St. 4,496,437 4,496,437Total Total2019 2020 2021 2022 2023Funding Sources 2,283,7032,283,703Revenue Bonds 2,212,7342,212,734Type A/B Sales Tax 4,496,437 4,496,437Total Contact Director of Public Works Priority 2 Critical- Asset Condition\longe 540 AGENDA MEMORANDUM Action Item for the City Council Meeting of February 9, 2021 DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works richardm5@cctexas.com (361) 826-3419 CAPTION: Motion authorizing the approval of Change Order Number 3 with Haas-Anderson Construction, Corpus Christi, Texas, for additional drill shaft length necessary for the completion of the Park Road 22 Bridge project, located in Council District 4, in an amount of $209,860.00 for a total not to exceed amount of $14,718,596.00, with FY 2021 funding available from the Street Bond 2008 Fund. SUMMARY: This Change Order authorizes the funding required for the additional drill shaft length and adds 10 days to the construction contract of the Park Road 22 Bridge project. BACKGROUND AND FINDINGS: Park Road 22 Bridge construction contract was awarded to Haas-Anderson Construction on January 14, 2020. The contractor received notice to proceed on June 29, 2020 and was given 639 calendar days (March 30, 2022) for substantial completion of the required work. Since the notice to proceed, two change orders have been approved and executed. Change Order Number 1 was planned during the design phase to allow the selected contractor to inform the City of the preferred option for ground improvement and pushed the substantial completion date to May 29, 2022. Change order Number 1 approved 60 additional calendar days and additional funding to complete required ground improvements. The ground improvements stabilized the soil during trenchless construction for this project in order to meet design requirements for the load associated with the bridge. Change Order Number 2 was a deductive change order in the amount of $10,500.00 for the removal of a job site trailer requirement from the construction contract that was no longer needed for the project. Additionally, 99 days were added to the construction contract with Change Order Number 2 to account for the contractor’s time to plan, design and select a sub-contractor for the efforts related to the ground improvements approved in Change Order Number 1. The project Construction Change Order Park Road 22 Bridge (Bond 2018 Proposition 1 & 2) construction began in October 2020. Change order numbers 1 and 2 extended the substantial completion date by 159 days from March 2022 to September 2022. This Change Order Number 3 seeks to add 10 additional days and funding to the construction contract due to a discrepancy between the drill shaft lengths shown in the design plans and the drill shaft lengths shown in the construction specification documents and bid form. The design engineer (Urban Engineering) made several changes to the project scope during the design and bid phases that included changing the drill shaft piling lengths. These changes were reflected in the design plans but were never changed in the construction specification documents and on the bid form. The final design required a total of 4,131.6 linear feet of drill shaft. The construction contract only had 3,532 linear feet of drill shaft resulting in a shortage of 599.6 linear feet. The contractor has agreed to charge the same unit price for the additional drill shaft length necessary for the improvements. After completion of this project, Park Road 22 Bridge will be a fully reconstructed four-lane roadway with safe pedestrian walkways and golf cart access under the bridge, connecting the east and west sides of Park Road 22. PROJECT TIMELINE WITH CHANGE ORDER: The Change Order Number 3 will authorize an additional 10 calendar days to the construction contract. The anticipated substantial construction completion date of the project is September 2022. ALTERNATIVES: The City could defer this work until a future date, but this would prevent the bridge from being constructed and likely result in in additional construction cost since the contractor is already mobilized on site. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of $209,860.00 with funding available from the Street Bond 2008 Fund. FUNDING DETAIL: Funding for the Change Order No. 3 is available through the geotechnical testing account. The monies were transferred to this Change Order as there are no pending task orders under the contract. Fund: Street Bond 2008 (Fund 3548) Mission Elem: Street Pavement Maintenance (051) Project: Park Road 22 Bridge (Project No. 6281) Account: Construction (550910) Activity: 170062-01-3548-EXP Amount: $209,860 RECOMMENDATION: Staff recommends approval of this Change order No.3 in an amount of $209,860.00, with Haas- Anderson Construction for additional quantities necessary for the bridge and retaining improvements on the Park Road 22 Bridge project for a total not to exceed amount of $14,718,596.00. Construction is anticipated to be completed by September 2022. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Change Order No. 3 37 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PARK ROAD 22 BRIDGE CHANGE ORDER #4 LOCATION MAP NOT TO SCALE Project Number: 6281 VICINITY MAP NOT TO SCALE Project Location Project Location N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PARK ROAD 22 BRIDGE CHANGE ORDER 4 AERIAL MAP NOT TO SCALE Project Number: 6281 WHITECAP BLVD.PARK RD. 22361 WAVES RESORT AQUA RI U S S T. PROJECT LOCATION REVIEWED By amiew at 9 :50 am, Jan 14, 2021 CHANGE ORDER NO: PROJECT: CONTRACTOR: ENGINEER: 4 (RE-BID) Park Road 22 Lift Bridge (Bond 2004) Haas-Anderson Cons tru cti on Urban Engineerin g CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER Make the following additions, modifications or deletion s to the work described in th e Contract Documents: ADDITIONS SECTION C -Bridge & Retaining Improvements C6 Drill Shaft 36" Additional Contract Time due to: added Scope of Work DELETIONS none n/a Additional Calendar Days requested 10 Quantity 599.6 IO 0 CHANGE ORDER DATE: PROJECT NUMBER: ORIGINAL CONTRACT TIME: Unit Unit Price LF $ 350.00 DAYS $ Additions Total: LS $ Deletions Total: $ $ $ $ $ . . ' '. ; -. .... l/13/2021 6281 639 CD's Total 209,860.00 209,860,00 NET TOTAL OF THIS CHANGE ORDER: $ 209,860.00 Why was this Change necessary : The plan quantities for the 36" drill shafts did not match the engineer plans which resulted in an overrun of the plan quantity by 599.6 LF. As a result, a change order is requi red to compensate the contractor fo r the work they're required to perform. The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change wheth er said costs are known, unknown,foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount Maximum Change Order Contingency Amount (25%) Remaining Available Contingency Amount (including this CO) Previously Approved Change Order Amount Proposed Change Order Amount Revised Contract Amoun t Percent of Total Change Orders (including this CO) Origin al Contract Time fo r Substantial Completion Notice to Proceed Date Original Sub stantial Completion Date Previously Approved Change Order Time Additional Time on This Change Order Revised Contract Time for Substantial Comp letion Revised Substantial Completion Date REVIEWED BY: Eng. Proj. Specialist Constr. Supervisor Constr. In spector Constr. Sr. Project Mgr. Karissa O'Nei ll Amie Wojtasczyk Jim Jennings Ruben Barrera Initial KW AVW JJ. 1<-'B. Date 1/1 3/202 1 1/14-(202 1 1/13(2021 1/13(2021 $ $ $ $ $ $ REQUESTED BY : Haas-Anderson Construction Scott1<.e!ly Project Manager 13,943,536.00 3,485 ,884.00 2,688 ,448.50 587 ,575.50 209 ,860.00 14,740,971.50 5.72% 639 CD's 6/29/2020 3/30/2022 159 CD's 10 CD's 808 CD's 9/15 /2022 X,/1.• Date Brett Van Hazel D ig ita lly sig n e cfflftil@ftCORPUS CHRISTI Van Hazel RECOMMENDED BY: RECOMMEN DED BY: RECOMMENDED BY : Brett Van Hazel Construction Engi neer Date:2021 .01 .2114:25:08 -06'00' Date ------------------------Jeff H. Edmonds Date Director of Engineering Services ------------------------Eddie Houlihan , Director Management and Budget Date FUND : 35 49-051 ACCOUNT : 5509 10 AC TI VIT Y : 170062-0 1-3549-.EXP AMOU NT: $209,860.00 APPROVED BY : n/a n/a n/a n/a ------------------------ APPROVED AS TO Michael Rodriguez Chiefof Staff Date FORM: _K_e_n_t_M_c_i_ly_a_r ________________ D_a_t_e __ Assistant City Attorney CHANGE ORDER NO:3 CHANGE ORDER DATE: PROJECT:(RE-BID) Park Road 22 Bridge (Bond 2004)PROJECT NUMBER: CONTRACTOR:Haas-Anderson Construction ORIGINAL CONTRACT TIME:639 CD's ENGINEER:Urban Engineering ADDITIONS Quantity Unit Unit Price SECTION C - Bridge & Retaining Improvements C6 Drill Shaft 36"599.6 LF $ 350.00 Additional calendar days due to Additional Scope of Work 10 DAYS $ - Additions Total: DELETIONS none 1 n/a 0 LS $ - Deletions Total: Additional Calendar Days requested 10 NET TOTAL OF THIS CHANGE ORDER: The plan quantities for the 36" drill shafts did not match the engineer plans which resulted in an overrun of the plan quantity by 599.6 LF. As a result, a change order is required to compensate the contractor for the work they're required to perform. Original Contract Amount Maximum Change Order Contingency Amount (25%) Remaining Available Contingency Amount (including this CO) Previously Approved Change Order Amount Proposed Change Order Amount Revised Contract Amount Percent of Total Change Orders (including this CO) Original Contract Time for Substantial Completion CD's Notice to Proceed Date Original Substantial Completion Date Previously Approved Change Order Time CD's Additional Time on This Change Order CD's Revised Contract Time for Substantial Completion CD's Revised Substantial Completion Date REVIEWED BY:Initial Date REQUESTED BY:Haas-Anderson Construction Eng. Proj. Specialist Karissa O'Neill KLO 1/13/2021 Constr. Supervisor Amie Wojtasczyk ADW 1/14/2021 Constr. Inspector Jim Jennings JJ 1/13/2021 Constr. Sr. Project Mgr.Ruben Barrera RB 1/13/2021 Scott Kelly Date Project Manager FUND: RECOMMENDED BY:ACCOUNT: Brett Van Hazel Date ACTIVITY: Construction Engineer AMOUNT: RECOMMENDED BY:APPROVED BY: Jeff H. Edmonds Date Michael Rodriguez Date Director of Engineering Services Chief of Staff RECOMMENDED BY: Eddie Houlihan, Director Date Kent Mcilyar Date Management and Budget Assistant City Attorney $ - $ 209,860.00 Why was this Change necessary: $ 209,860.00 $ - $ 209,860.00 $ - 9/15/2022 6/29/2020 3/30/2022 159 $209,860.00 10 808 APPROVED AS TO FORM: CITY OF CORPUS CHRISTI 3549-051550910170062-01-3549-EXP $ 2,710,824.00 The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. $ 13,943,536.00 $ 3,485,884.00 $ 565,200.00 $ 209,860.00 $ 14,718,596.00 5.56% 639 CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER 1/21/2021 6281 Make the following additions, modifications or deletions to the work described in the Contract Documents: Total RFI NO: DATE: PROJECT NO:6281 VENDOR:Haas-Anderson Construction, Ltd. PROJECT NAME:Park Road 22 Bridge ADDRESS:P.O. Box 7692 ENGINEER:Urban Engineering Corpus Christi, TX 78467 ATTN:Construction Inspection DELIVERY ORDER NO:n/a REGARDING:36" Drill Shaft Quantity SITE NAME: QUESTION BY:Scott Kelley TITLE:Project Manager SKETCHES AND/OR DRAWINGS ATTACHED?NO DRAWING NO:110, 112, 117 DOES THIS PROBLEM/ISSUE IMPACT TIME AND/OR COST?YES Time:10 Cost:209,860.00$ As shown on plan sheets 110 & 112, the interior bent drilled shaft lengths are 69.7 LF and abutment drilled shaft lengths are 50.7 LF. As shown on plan sheet 117, there are 36 interior bent drilled shafts and 32 abutment drilled shafts. This equates to a total drilled shaft length of 4,131.6 LF. The plan quantity is 3,532 LF. We would like a change order be issued to overrun item C6 by 599.6 LF. Based on an average length of 60.7588 LF/shaft this is 10 additional drilled shafts that we would like to add 1 calendar day of time added per drilled shaft to the project. RESPONSE BY: TITLE: DATE: RECOMMENDED SOLUTION RECOMMENDED APPROVAL OF IMPACT TO TIME AND/OR COST?Time:Cost:209,860.00$ IS ANY FURTHER ACTION REQUIRED? IF SO, WHAT? BY WHOM? APPROVING AUTHORITY:DATE: REQUEST FOR INFORMATION 14 1/5/2021 WRITTEN DESCRIPTION OF PROBLEM CONTRACTOR RECOMMENDED SOLUTION A Change order for the $209,860.00 will be drafted for the overrun item C6 by 599.6 LF. and 1 calendar day added to time per drilled shaft. 1/13/2021 City of CC agrees with engineers response. Ruben Barrera Sr. Project Mgr. 1/13/2021 Email Backup for Change Order #4 for Additional Drill Shafts From: Rhodes Urban <ChipU@urbaneng.com> Sent: Wednesday, January 6, 2021 3:48 PM To: Jim Jennings <jimj@cctexas.com>; Ruben Barrera [Engineering] <RubenB@cctexas.com> Cc: Ruben Barrera [Engineering] <RubenB@cctexas.com>; Karissa O'Neill <KarissaO@cctexas.com> Subject: RE: 6281 - Park Road 22 Bridge - RFI #14 - 36" Drilled Shaft Quantity I received the message below from the structural engineer we used for the bridge design. I apologize for not catching their mistake in our final bid set. Hi Chip. The total quantity is 4,131.6 LF. The plan quantity figure of 3,532 LF was calculated and provided in the original drawing set in 2014. Over the course of several drawing updates and changes, occurring over several years, the quantity was increased to 4,131.6 LF. It appears to be an oversight that those changes didn’t get reflected in the quantities which were included in the specifications. Todd J. Stelma, P.E. TEG Engineering, LLC From: Jim Jennings <jimj@cctexas.com> Sent: Wednesday, January 6, 2021 11:05 AM To: Rhodes Urban <ChipU@urbaneng.com>; Ruben Barrera [Engineering] <RubenB@cctexas.com> Cc: Ruben Barrera [Engineering] <RubenB@cctexas.com>; Karissa O'Neill <KarissaO@cctexas.com> Subject: Re: 6281 - Park Road 22 Bridge - RFI #14 - 36" Drilled Shaft Quantity Chip, Brett needs to know where the actuall shortage is. Depth? Etc etc. From: Ruben Barrera [Engineering] <RubenB@cctexas.com> Sent: Wednesday, January 6, 2021 10:30:53 AM To: 'chipu@urbaneng.com' <chipu@urbaneng.com> Cc: Jim Jennings <jimj@cctexas.com>; Ruben Barrera [Engineering] <RubenB@cctexas.com>; Karissa O'Neill <KarissaO@cctexas.com> Subject: FW: 6281 - Park Road 22 Bridge - RFI #14 - 36" Drilled Shaft Quantity Chip, Please see attached RFI #14 for your review and direction. Please answer RFI and send back to us with your solution and recommendations. Regards, Ruben Barrera Senior Project Manager City of Corpus Christi Engineering Services (361) 815-0049 From: Scott Kelley <skelley@haas-anderson.com> Sent: Wednesday, January 6, 2021 10:20 AM To: Jim Jennings <jimj@cctexas.com> Cc: Karissa O'Neill <KarissaO@cctexas.com>; Ruben Barrera [Engineering] <RubenB@cctexas.com>; Rhodes Urban <ChipU@urbaneng.com>; Jim Parish <jparish@haas-anderson.com> Subject: 6281 - Park Road 22 Bridge - RFI #14 - 36" Drilled Shaft Quantity Jim, See attached for RFI #14 - 36" Drilled Shaft Quantity on the 6281 - Park Road 22 Bridge project. If you have any questions, please let me know. Thank you, Scott Kelley 3 301/24/2020JHDELETED PED RAIL AND REVISED SHAFT ELEVATIONS PER SHEET STR-92801/24/2020 3 ADDENDA CHANGES INCORPORATED AND ISSUED FOR CONSTRUCTIONJH01/20201THIS SEAL FOR ITEMS INCLUDED IN REV 3 ONLY 3 DELETED PED RAIL AND REVISED SHAFT ELEVATIONS PER SHEET STR-928JH01/24/202033 01/24/2020 01/20201JHADDENDA CHANGES INCORPORATED AND ISSUED FOR CONSTRUCTIONTHIS SEAL FOR ITEMS INCLUDED IN REV 3 ONLY Aug 22,2018 REBID AUGUST 20197" REF LI NE A 38' -7" REF LINE A -REF LINE 38'-0" ~ D.S. TO~ D.S . ~ DRILLED SHAFTS 50' -10" REF LINE 1 -REF LINE 2 50' -10" ~ D.S. TO~ D.S. REF LINE 2 ~ DRILLED 38' -7" REF LINE 2 -REF LINE B 38' -0" ~ D.S. TO~ D.S. ~ DRILLED SHAFTS :i: REF LINE 1 ~ DRILLED SHAFTS :d5-' -- SHAFTS ct> r-, I -'---~ 36" OJA. DRILLED~: : I I I, I ? i :Jk: kb kb N ~ :W: 'o;:f' II I I 11 8 ~: :rh -----~~( 15"_~--y-~ i--'dh+---------------~<p' ~ SB PR22 & PGL_/ ~ ~ ir: : <t O I e=,~ .... ..-, BEGIN BRIDGE o.,<5 STA 28+86 .00 0 SHAFT ( TYP. 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({11111 lh w C) 2:: 0 -s::c 0::: ,..-.._ ._J ffi-s::J- Q 0 f-- N 0 Lt_ N N :i Oo (/) <( z a Oo O::: m liJ '--' ._J ~ ._J 0::: a:: <( a Q_ SHEET J J 7 of J 9 J ----- RECORD DRAWING NO. STR-928 CITY PROJECT 6281 - DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 CAPTION: Resolution authorizing submission of grant application for $233,030.00 to the State of Texas under the FY 2022 Paul Coverdell Forensic Sciences Improvement Grant. SUMMARY: Federal funding is available through the Office of the Governor, Public Safety Office, Criminal Justice Division from the U.S. Department of Justice, National Institute of Justice Paul Coverdell Forensic Sciences Improvement Grant Program. There is no match requirement for this program. BACKGROUND AND FINDINGS: If received, the $233,030.00 Coverdell Grant will allow for the purchase of a Laboratory Information Management System (LIMS), along with a dedicated quality management system, for the Forensic Services Division (FSD). Currently, the FSD does not have the computerized means of generating and maintaining data and case documentation, which presents challenges regarding physical storage space, information retrieval, metrics, and workflow efficiency. In addition, as an accredited forensic laboratory, quality control is a key requirement to maintaining the integrity of the FSD The Forensic Services Division conducts analysis on forensic evidence in the firearms and friction ridge (latent print) disciplines, as well as processing and documenting crime scenes. The laboratory operates and maintains state and national comparison databases, including the State of Texas Automated Fingerprint Identification System (AFIS), FBI Next Generation Identification fingerprint database, and the ATF National Integrated Ballistics Identification Network (NIBIN). The majority of requests for service are generated within the Corpus Christi Police Department; but as one of only two accredited forensic labs in the Coastal Bend region (as well as the only NIBIN-equipped facility in South Texas), a significant number of service requests come from surrounding agencies as well. The FSD is fully accredited to ISO 17025:2017/AR 3125 standards in each of its disciplines and complies with applicable rules and regulations of the Texas Forensic Science Commission. Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the FY 2022 Paul Coverdell Forensic Sciences Improvement Grant AGENDA MEMORANDUM Action Item for the City Council Meeting of February 9, 2021 The implementation of a LIMS with an integrated quality assurance system will accomplish the following objectives: 1. Improve the quality and timeliness of forensic services 2. Improve efficiency, reduce turnaround time, and assist with reducing existing backlogs 3. Enable detailed analysis of statistics, performance metrics, and associated data such as uncertainty of measurement and contextual bias 4. Improve documentation and tracking of required training records, operational procedures, competency/proficiency testing, and policy changes 5. Enable faster and more efficient responses to requests for information from stakeholders and other external entities, such as Open Records Act requests, Texas Forensic Science Commission, and judicial partners 6. Improve efficiency and accuracy in performing required audits and quality reviews 7. Reduce physical space requirements for storage and archiving The project period is 10/1/2021 – 09/30/2022. ALTERNATIVES: The alternative is to not submit the grant and continue operating without the ability to improve processes such as response times, data integrity, storage space, etc. FISCAL IMPACT: No financial impact at this time. FUNDING DETAIL Fund 1061 Organization/Activity: Police Grant Fund – 822903F Mission Element: 152 Project # N/A Account: 520090 – Minor Tools & Equipment RECOMMENDATION: Staff recommends submission of the grant application. LIST OF SUPPORTING DOCUMENTS: N/A Resolution authorizing submission of a grant application for $233,030.00 to the State of Texas Under the FY 2022 Paul Coverdell Forensic Sciences Improvement Grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to submit a grant application in the amount of $233,030.00 to the State of Texas under the FY 2022 Paul Coverdell Forensic Sciences Improvement Grant to support the purchase of a laboratory information management system (LIMS), along with a dedicated quality management system, for the Forensic Services Division (FSD). PASSED AND APPROVED on the ______ day of _________, 2021: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DATE: 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. 1020-01, Tex-Isle, LLC.: (District1). Ordinance rezoning property at or near 1401 North Alameda Street from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District. SUMMARY: The purpose of the zoning request is to allow for the construction of a laydown yard. BACKGROUND AND FINDINGS: The subject property is 4.23 acres in size and was zoned “RM-1” Multifamily 1 District in the early 1970s. Northside Manor, originally located on the subject property, was demolished in 2016. The subject property was part of the original founding of the City in 1852. On the same block as the subject property is an existing single-family residence that is currently occupied. To the north across West Broadway Street is the Union Pacific Rail line and a City Wastewater Treatment Plant (Broadway). The Downtown Area Development Plan, newly codified in 2018, states that this area may provide possibilities for new workforce housing in a band of development near Staples Street, if/once the proposed Staples Street expansion is completed. Conformity to City Policy The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC) and is incompatible with neighboring properties and with the general character of the surrounding area. The proposed “IL” Light Industrial District constitutes a dramatic increase in the intensity of land uses that is surrounded by multifamily zoning districts. The only industrially zoned properties in the Washington-Coles neighborhood are located north of the subject property and across West Broadway Street. Rezoning a property at or near 1401 North Alameda Street AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/9/21 Second Reading Ordinance for the City Council Meeting 02/16/21 Public Input Process Number of Notices Mailed 52 within 200-foot notification area 6 outside notification area As of December 30, 2020: In Favor 6 inside notification area 0 outside notification area In Opposition 14 inside notification area 0 outside notification area Totaling 13.523% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended denial of the change of zoning from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District on October 12, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the zoning request. Vote Count: For: 0 Opposed: 7 Absent: 2 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 1020-01 Tex-Isle, Inc: Ordinance rezoning property at or near 1401 North Alameda Street from the “RM- 1” Multifamily 1 District to the “IL” Light Industrial District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed 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 4.23 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1/4 C, Colonia Mexicana, as shown in Exhibits “A” and “B”: from the “RM-1” Multifamily 1 District to the “IL” Light Industrial District The subject property is located at or near 1401 North Alameda Street. 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. Page 2 of 5 SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 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 5 of 5 Exhibit B PLANNING COMMISSION FINAL REPORT Case No. 1020-01 INFOR No. 20ZN1024 Planning Commission Hearing Date: October 14, 2020 Applicant & Legal Description Owner: Tex-Isle, Inc. Applicant: The Clower Company Location Address: 1401 North Alameda Street Legal Description: 4.1573 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1/4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37. Zoning Request From: “RM-1” Multifamily 1 District To: “IL” Light Industrial District Area: 4.23 acres Purpose of Request: To allow for the construction of a laydown yard on the full property. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-1” Multifamily 1 Vacant High Density Residential North “IH” Heavy Industrial Heavy Industrial and Public/Semi-Public Commercial and Light Industrial South “RM-1” Multifamily 1 and “CI” Intensive Commercial Commercial and Vacant High Density Residential East “RM-1” Multifamily 1, “RM-2” Multifamily 2 and “CI” Intensive Commercial Vacant and Low Density Residential High Density Residential West “RM-1” Multifamily 1, “RM-AT” Multifamily AT and “CN-1” Neighborhood Commercial Vacant High Density Residential and Permanent Open Space ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for high density residential uses. The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). Map No.: 046045 City Council District: 1 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 280 feet of frontage along W Broadway Street, which is designated as a “C1” Minor Collector Street, approximately 583 feet of frontage along Sam Rankin Street, which is designated as a Local / Residential Street, approximately 583 feet of frontage along North Alameda Street, which is designated as a Local / Residential Street, and approximately 280 feet of frontage along Chipito Street, which is designated as a Local / Residential Street. According to the Urban Transportation Plan, “C1” Minor 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 North Alameda Street Local/Residential 50’ ROW 28’ Paved 60’ ROW 40’ Paved N/A West Broadway Street “C1” Minor Collector 60’ ROW 40’ Paved 60’ ROW 40’ Paved N/A Sam Rankin Street Local/Residential 50’ ROW 28’ Paved 60’ ROW 40’ Paved N/A Chipito Street Local/Residential 50’ ROW 28’ Paved 40’ ROW 30’ Paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-1” Multifamily 1 District to the “IL” Light Industrial District to allow for the construction of a laydown yard. Development Plan: The subject property is 4.23 acres in size. The owner is proposing the construction of a laydown yard on the full property. Existing Land Uses & Zoning: The subject property is currently zoned “RM-1” Multifamily 1 District and consists of vacant land which was formerly a multifamily apartment complex. The subject property was zoned “RM-1” Multifamily 1 District in the early 1970s. The former apartment complex (Northside Manor) was demolished in 2016. The subject property was part of the original founding of the City in 1852. On the same block as the subject property is an existing single-family residence that is currently occupied. To the north across West Broadway Street is the Union Pacific Rail line and a City Wastewater Treatment Plant (Broadway). To the south are single-family homes zoned “RM-1” Multifamily 1 District and “CI” Intensive Commercial District. To the east is a single-family residence zoned “RM-1” Multifamily 1 District. Across North Alameda Street are vacant properties and an abandoned single-family home and commercial building zoned “RM-1” Multifamily 1 District, “RM-2” Multifamily 2 District, and “CI” Intensive Commercial District. To the west are vacant tracts zoned “RM-1” Multifamily 1, “RM-AT” Multifamily AT, and “CN-1” Neighborhood Commercial. Staff Report Page 3 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 Sam Rankin Street, a 6-inch ACP line along Chipito Street, a 6-inch ACP line along North Alameda Street, and an 8- inch CIP line along West Broadway Street. Wastewater: 6-inch VCP line located along Sam Rankin Street, a 6-inch VCP line along Chipito Street, a 6-inch VCP line along North Alameda Street, and an 21-inch VCP line along West Broadway Street. Gas: 2-inch line located along Sam Rankin Street, a 2-inch line along Chipito Street, a 1-inch line along North Alameda Street, and a 2-inch line along West Broadway Street. Storm Water: 24-inch line located along Sam Rankin Street. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). Specifically, the rezoning is inconsistent with the following policies: • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. (Housing and Neighborhoods Policy Statement 7) • Support preservation and reuse of historically significant buildings, areas, and sites. (Housing and Neighborhoods Policy Statement 7) • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 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 residential and mixed-use development downtown. (Future Land Use, Zoning, and Urban Design Policy Statement 2) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Promote interconnected neighborhoods with appropriate transitions between lower- intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • 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 former Northside Manor property has been closed following relocation of its affordable housing units to the Palms at Leopard, and the property is up for sale. Depending on the purchaser, this too might provide possibilities for new workforce Staff Report Page 4 housing in a band of development near Staples Street. (Downtown Area Development Plan: Washington-Coles) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is incompatible with neighboring properties and with the general character of the surrounding area. The proposed “IL” Light Industrial District constitutes a dramatic increase in the intensity of land uses that is surrounded multifamily zoning districts. The only industrially zoned properties in the Washington- Coles neighborhood are located north of the subject property and across West Broadway Street. The uses are comprised of the Broadway Wastewater Treatment Plant, Union Pacific Railroad, and Concrete Street Amphitheater. • This proposed rezoning does have a negative impact upon the surrounding neighborhood. An increase in density next to multifamily zoned properties and existing single-family homes to the east and south will potentially subject additional residential homes to hazards such as: noise, smoke, vibration, dust, and odors. At the time of application no additional information has been provided concerning the types of materials to be stored, hours of operation, or levels of potential noise. • Granting this rezoning to the “IL” Light Industrial District encourages future rezoning cases. The Downtown Area Development Plan (ADP) and Future Land Use Map clearly identify the Washington-Coles neighborhood for residential and small commercial redevelopment. Additionally, the subject property is located to the east and outside of the buyout area affiliated with the new Harbor Bridge project. • The subject property is isolated with no possible connectivity for heaver truck traffic. West Broadway Street as a “C1” Minor Collector Street is the only street connecting North Port Avenue and State Highway 181 to the subject property. The proposed change of zoning would encourage cut-through heavy truck traffic down Sam Rankin Street or North Alameda Street. Both of these streets are designated as local / residential streets and were not designed to handle the heavy weight of semi-trucks plus the additional weight of the cargo being transported to and from the subject property. Further taking into account the new Harbor Bridge project that will only further encourage truck traffic to route south through either Sam Rankin Street or North Alameda Street to reach the Interstate 37 frontage road. • Lastly, as mentioned earlier in this report, there are two properties within the block of the subject property that are not part of this proposed rezoning. These properties would remain zoned “RM-1” Multifamily 1 District. One of these remaining properties is an occupied single-family home. Meaning, if the change of zoning were to occur, these properties would be surrounded by the industrial use and exposed to all of the aforementioned hazards of lights, dust, smoke, vibrations, odors, and noise. However, the industrial use would be required to install the zoning district buffer yard of 20-feet and 20 points, as well as a 40-foot setback if a building was to be constructed on-site. Planning Commission and Staff Recommendation (October 14, 2020): Denial of the change of zoning from the “RM-1” Multifamily 1 District to the “IL” Light Industrial District. Staff Report Page 5 Public Notification Number of Notices Mailed – 52 within 200-foot notification area 6 outside notification area As of December 30, 2020: In Favor – 6 inside notification area – 0 outside notification area In Opposition – 13 inside notification area – 0 outside notification area Totaling 13.52% of the 200-foot notification area* in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 6 1 Andrew Dimas [DevSvcs] From:Craig Garrison Sent:Wednesday, October 14, 2020 3:56 PM To:Andrew Dimas [DevSvcs] Subject:Fwd: Rezoning case #1020-01 FYI    Sent from my T‐Mobile 4G LTE Device  Get Outlook for Android  From: Tony Sheldon <tony123shel@yahoo.com>  Sent: Wednesday, October 14, 2020 3:24:55 PM  To: Craig Garrison <CraigG@cctexas.com>  Subject: Rezoning case #1020‐01      [ [ 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 SecurityAlert@cctexas.com. ] ]  ________________________________    Hello,    I, Anthony Sheldon, vote in favor of the zone change in case number 1020‐01.    Thanks,    Anthony Sheldon  From:Eddie Jackson Mathis To:Andrew Dimas [DevSvcs] Subject:Zoning Change Request Washington/Coles Area Date:Thursday, October 8, 2020 4:03:14 PM [ [ 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 SecurityAlert@cctexas.com. ] ] To the Zoning Commission: My name is Eddie Jackson Mathis. I am a member of St. Paul United Methodist Church. The Church is located at 1202 Sam Rankin. St. Paul owns the property across the street from the North Side Manor. One year ago this company made this same request. The community stood together in working to stop the zoning change at that time. Now with all the chaos of 2020, they are back with the same plan. We made an investment in the area when we placed a children's playground on our property. The playground is on the piece of property near the old Northside Manor location. We invested in the property for the enjoyment of the children of the community and the children of the Church. The property is connected to our Church grounds. We know that the Washington/ Coles area will be a great family place once the bridge is complete. A few families that currently live in the area, use the playground on a regular basis. As a Church member, Corpus Christi voting citizen and concerned person, I feel that this area is NOT the place for any light industrial businesses. Our Northside community should remain zoned for apartment and residential dwellings. As the bridge is completed the property where old Washington school is will become a park. The building is just days from being demolished. This is a historic area of Corpus Christi and our Church family decided years ago to remain in this area. We have many families that grewup in this area and some of the families still own property in the area. We are struggling with all the construction of the bridge and all of the travel limitations going on at present. However. this will all change when the new bridge is complete. This area is near downtown Corpus Christi, near the "SEA" District, prime property for downtown living. To change the zoning and allow a light industrial business would spoil our community. We stand firm on our belief in this community, looking forward to the growth of the area with new families and great possibilities. PLEASE, deny this request for a zoning change. Thank you for your time and it is my prayer that you seriously consider denial. Eddie Jackson Mathis St. Paul United Methodist Church 1202 Sam Rankin Corpus Christi Texas From:Eddie Jackson Mathis To:Andrew Dimas [DevSvcs] Subject:Zoning Change Request Washington/Coles Area Date:Thursday, October 8, 2020 4:03:14 PM [ [ 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 SecurityAlert@cctexas.com. ] ] To the Zoning Commission: My name is Eddie Jackson Mathis. I am a member of St. Paul United Methodist Church. The Church is located at 1202 Sam Rankin. St. Paul owns the property across the street from the North Side Manor. One year ago this company made this same request. The community stood together in working to stop the zoning change at that time. Now with all the chaos of 2020, they are back with the same plan. We made an investment in the area when we placed a children's playground on our property. The playground is on the piece of property near the old Northside Manor location. We invested in the property for the enjoyment of the children of the community and the children of the Church. The property is connected to our Church grounds. We know that the Washington/ Coles area will be a great family place once the bridge is complete. A few families that currently live in the area, use the playground on a regular basis. As a Church member, Corpus Christi voting citizen and concerned person, I feel that this area is NOT the place for any light industrial businesses. Our Northside community should remain zoned for apartment and residential dwellings. As the bridge is completed the property where old Washington school is will become a park. The building is just days from being demolished. This is a historic area of Corpus Christi and our Church family decided years ago to remain in this area. We have many families that grewup in this area and some of the families still own property in the area. We are struggling with all the construction of the bridge and all of the travel limitations going on at present. However. this will all change when the new bridge is complete. This area is near downtown Corpus Christi, near the "SEA" District, prime property for downtown living. To change the zoning and allow a light industrial business would spoil our community. We stand firm on our belief in this community, looking forward to the growth of the area with new families and great possibilities. PLEASE, deny this request for a zoning change. Thank you for your time and it is my prayer that you seriously consider denial. Eddie Jackson Mathis St. Paul United Methodist Church 1202 Sam Rankin Corpus Christi Texas 1 Craig Garrison From:JO BELL <nnjobell@sbcglobal.net> Sent:Saturday, October 10, 2020 2:03 AM To:Andrew Dimas [DevSvcs] Subject:Rezoning Request Washington-Coles Area Follow Up Flag:Flag for follow up Flag Status:Flagged [ [ 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 SecurityAlert@cctexas.com. ] ]  ________________________________    Warning: Replies to this message will go to nnjobell@sbcglobal.net. If you are unsure this is correct please contact the  Helpdesk at 826‐3766.    Corpus Christi, Texas Zoning Committee:    My name is Lula Jo Bell, a member of the 136th. year old St. Paul United Methodist Church. I am a home owner, tax  payer and voter. I am writing in to state as a church member, I am against rezoning of the former North Side Manor  Apartments Property to light industry in order to put a pipe yard at this location. It will deface the community and hurt  the look of our church property that has an adjacent children's playground. I am totally oppose the rezoning and pray  request is denied.    Thank You for your consideration.  Lula Jo Bell  St. Paul United Methodist Church  1202 Sam Rankin Street  From:Lavernon Edwards To:Andrew Dimas [DevSvcs] Subject:[EXTERNAL]Zoning change Date:Tuesday, October 13, 2020 6:06:48 PM [ [ 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 SecurityAlert@cctexas.com. ] ] ________________________________ My name is Lavernon Edwards I am writing about the zone change for Northside Manor property I think it should stay as is Lavernon Edwards ST Paul United Methodist Church 1202 Sam Rankin Corpus Christi Sent from my iPhone From:Monna Lytle To:Andrew Dimas [DevSvcs] Subject:Laydown Yard on San Rankin Date:Monday, October 12, 2020 1:01:30 PM [ [ 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 SecurityAlert@cctexas.com. ] ] I'm a Citizen of United States and Corpus Christi, Tx... Do not want a Pipe Lay Down Yard in Our Church Neighbor. (St Paul Methodist Church).... Thank you! Monna Lytle Date: Mon, Oct 12, 2020 at 5:49 PM Subject: REQUEST FOR DENIAL TO RE-ZOINING To: <ANDREWD2@cctexas.com> CC: St. Paul Untied Methodist Church <stpaulumc1202@att.net> ZONING COMMISSION My name is Sylvia Tryon Oliver. I am a member of St. Paul United Methodist Church. The Church is located at 1202 Sam Rankin. This letter is regarding the property located across the street from the former North Side Manor Apartments. The property in question is next to the children's playground owned by St Paul UMC.. We purchased the property as an investment in the community. A few families that currently live in the area, use the playground on a regular basis. One year ago a company made the request to change the zoning so that they can use it as a pipeline yard. It was voted down at that time when many concerned citizens expressed our dismay and disdain about such a request. We were grateful that the City Council voted with us. The community stood together in working to stop the zoning change at that time. Now, they are back again with the same plan. As a member of St Paul UMChurch, a Corpus Christi voting citizen, organization leader, and concerned person, I feel that this area is NOT the place for any light industrial businesses. Our Northside community should remain zoned for apartment and residential dwellings. As the bridge is completed the property where old Washington school will become a park. The building is just days from being demolished. This is a historic area of Corpus Christi and our Church family decided years ago to remain in this area. We have many families that grew up in this area and some of the families still own property in the area. We are struggling with all the construction of the bridge and all of the travel limitations going on at present. However. this will all change when the new bridge is complete. This area is near downtown Corpus Christi, near the "SEA" District, prime property for downtown living. To change the zoning and allow a light industrial business would spoil our community. We STILL stand firm on our belief in this community, looking forward to the growth of the area with new families and great possibilities. Your deepest consideration is greatly appreciated. PLEASE, deny this request for a zoning change--AGAIN! Thank you! Sylvia Tryon Oliver From:Catherine Garza To:SYLVIA OLIVER Cc:Andrew Dimas [DevSvcs]; Craig Garrison Subject:RE: REQUEST FOR DENIAL TO RE-ZOINING Date:Wednesday, October 14, 2020 1:53:38 PM Attachments:MeetingAgenda14-Oct-2020.pdf Good Afternoon Ms. Oliver, Thank you for your inquiry. I will make sure that we add your opposition for this case so that it gets read into the record during this afternoon’s meeting. The link to join the actual WebEx meeting for Staff/Commissioners is not made public because it is also broadcasted live for public viewing. The live stream of the Planning Commission meeting can be viewed online at the following address: www.cctexas.com/cctv. I have attached the agenda for more info on the official procedures for public comment (item II) and viewing (located at the bottom of the last page) I have also included some other helpful links: Public comment: https://www.cctexas.com/detail/covid-19-public-comment-input-procedures Regards, Catherine Garza Management Asst. Development Services Dept. City of Corpus Christi From: SYLVIA OLIVER <tryonoliv@gmail.com> Sent: Wednesday, October 14, 2020 1:40 PM To: Catherine Garza <catherineg@cctexas.com> Subject: Fwd: REQUEST FOR DENIAL TO RE-ZOINING [ [ 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 SecurityAlert@cctexas.com. ] ] This is being forwarded to you since your name is on the agenda to contact. We were given andrewd2 to send email. So hopefully you have access to those he received as well fir today’s meeting. ---------- Forwarded message --------- From: SYLVIA OLIVER <tryonoliv@gmail.com> 1 Craig Garrison From:JO BELL <nnjobell@sbcglobal.net> Sent:Saturday, October 10, 2020 2:03 AM To:Andrew Dimas [DevSvcs] Subject:Rezoning Request Washington-Coles Area Follow Up Flag:Flag for follow up Flag Status:Flagged [ [ 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 SecurityAlert@cctexas.com. ] ]  ________________________________    Warning: Replies to this message will go to nnjobell@sbcglobal.net. If you are unsure this is correct please contact the  Helpdesk at 826‐3766.    Corpus Christi, Texas Zoning Committee:    My name is Lula Jo Bell, a member of the 136th. year old St. Paul United Methodist Church. I am a home owner, tax  payer and voter. I am writing in to state as a church member, I am against rezoning of the former North Side Manor  Apartments Property to light industry in order to put a pipe yard at this location. It will deface the community and hurt  the look of our church property that has an adjacent children's playground. I am totally oppose the rezoning and pray  request is denied.    Thank You for your consideration.  Lula Jo Bell  St. Paul United Methodist Church  1202 Sam Rankin Street  From:Lavernon Edwards To:Andrew Dimas [DevSvcs] Subject:[EXTERNAL]Zoning change Date:Tuesday, October 13, 2020 6:06:48 PM [ [ 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 SecurityAlert@cctexas.com. ] ] ________________________________ My name is Lavernon Edwards I am writing about the zone change for Northside Manor property I think it should stay as is Lavernon Edwards ST Paul United Methodist Church 1202 Sam Rankin Corpus Christi Sent from my iPhone From:Monna Lytle To:Andrew Dimas [DevSvcs] Subject:Laydown Yard on San Rankin Date:Monday, October 12, 2020 1:01:30 PM [ [ 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 SecurityAlert@cctexas.com. ] ] I'm a Citizen of United States and Corpus Christi, Tx... Do not want a Pipe Lay Down Yard in Our Church Neighbor. (St Paul Methodist Church).... Thank you! Monna Lytle From:Catherine Garza To:SYLVIA OLIVER Cc:Andrew Dimas [DevSvcs]; Craig Garrison Subject:RE: REQUEST FOR DENIAL TO RE-ZOINING Date:Wednesday, October 14, 2020 1:53:38 PM Attachments:MeetingAgenda14-Oct-2020.pdf Good Afternoon Ms. Oliver, Thank you for your inquiry. I will make sure that we add your opposition for this case so that it gets read into the record during this afternoon’s meeting. The link to join the actual WebEx meeting for Staff/Commissioners is not made public because it is also broadcasted live for public viewing. The live stream of the Planning Commission meeting can be viewed online at the following address: www.cctexas.com/cctv. I have attached the agenda for more info on the official procedures for public comment (item II) and viewing (located at the bottom of the last page) I have also included some other helpful links: Public comment: https://www.cctexas.com/detail/covid-19-public-comment-input-procedures Regards, Catherine Garza Management Asst. Development Services Dept. City of Corpus Christi From: SYLVIA OLIVER <tryonoliv@gmail.com> Sent: Wednesday, October 14, 2020 1:40 PM To: Catherine Garza <catherineg@cctexas.com> Subject: Fwd: REQUEST FOR DENIAL TO RE-ZOINING [ [ 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 SecurityAlert@cctexas.com. ] ] This is being forwarded to you since your name is on the agenda to contact. We were given andrewd2 to send email. So hopefully you have access to those he received as well fir today’s meeting. ---------- Forwarded message --------- From: SYLVIA OLIVER <tryonoliv@gmail.com> Date: Mon, Oct 12, 2020 at 5:49 PM Subject: REQUEST FOR DENIAL TO RE-ZOINING To: <ANDREWD2@cctexas.com> CC: St. Paul Untied Methodist Church <stpaulumc1202@att.net> ZONING COMMISSION My name is Sylvia Tryon Oliver. I am a member of St. Paul United Methodist Church. The Church is located at 1202 Sam Rankin. This letter is regarding the property located across the street from the former North Side Manor Apartments. The property in question is next to the children's playground owned by St Paul UMC.. We purchased the property as an investment in the community. A few families that currently live in the area, use the playground on a regular basis. One year ago a company made the request to change the zoning so that they can use it as a pipeline yard. It was voted down at that time when many concerned citizens expressed our dismay and disdain about such a request. We were grateful that the City Council voted with us. The community stood together in working to stop the zoning change at that time. Now, they are back again with the same plan. As a member of St Paul UMChurch, a Corpus Christi voting citizen, organization leader, and concerned person, I feel that this area is NOT the place for any light industrial businesses. Our Northside community should remain zoned for apartment and residential dwellings. As the bridge is completed the property where old Washington school will become a park. The building is just days from being demolished. This is a historic area of Corpus Christi and our Church family decided years ago to remain in this area. We have many families that grew up in this area and some of the families still own property in the area. We are struggling with all the construction of the bridge and all of the travel limitations going on at present. However. this will all change when the new bridge is complete. This area is near downtown Corpus Christi, near the "SEA" District, prime property for downtown living. To change the zoning and allow a light industrial business would spoil our community. We STILL stand firm on our belief in this community, looking forward to the growth of the area with new families and great possibilities. Your deepest consideration is greatly appreciated. PLEASE, deny this request for a zoning change--AGAIN! Thank you! Sylvia Tryon Oliver 1 Craig Garrison From:Andrew Dimas [DevSvcs] Sent:Monday, October 12, 2020 1:17 PM To:Craig Garrison Subject:FW: [EXTERNAL]Zoning Hearing + Meeting on 10.11.2020     Regards,    Andrew K. Dimas, Senior City Planner  Zoning │ Land Development │ Development Services Department (DSD)  2406 Leopard Street, Corpus Christi, TX 78408  Main Line: (361) 826‐3240  Direct: (361) 826‐3584  Email: AndrewD2@cctexas.com  Website: https://www.cctexas.com/departments/development‐services   Please take a moment to tell us how we are doing by taking our survey: https://www.cctexas.com/DSFeedback    From: Catherine Garza <catherineg@cctexas.com>   Sent: Monday, October 12, 2020 1:03 PM  To: Andrew Dimas [DevSvcs] <AndrewD2@cctexas.com>  Cc: Bobbie‐Rae Maldonado <BobbieRaeM@cctexas.com>  Subject: FW: [EXTERNAL]Zoning Hearing + Meeting on 10.11.2020    Hi Andrew,    I am forwarding to you because it looks like he got your email address wrong. An opposition for the Tex‐Ise 1020‐01  zoning case. I am assuming it is intended for public comment.     From: Barry Wolfson <barrywolfson2003@yahoo.com>   Sent: Monday, October 12, 2020 12:20 PM  To: AndrewT2@cctexas.com; Catherine Garza <catherineg@cctexas.com>  Subject: [EXTERNAL]Zoning Hearing + Meeting on 10.11.2020    [ [ 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  SecurityAlert@cctexas.com. ] ]  Dear Ladies and Gentlemen, 2 My name is Barry Wolfson. I spend several days a month in Corpus Christi managing our companies' assets in Corpus Christi, my hometown. I spoke to the City Council at a zoning change request last year. Seven ( 7 ) of the eight ( 8 ) planning and zoning commissioners had already recommended against the zoning change. I didn't want to risk any temporary or want to risk any permanent zoning change, until the master plan and, or the land acquisition begins in the immediate future. The facts are enclosed herein. I've worked on a master plan for Washington Coles' for over a decade. I've been the real estate representative on the original new Harbor Bridge task force I prefer to under-promise and over-deliver on special projects. I believe that I can deliver the equity and the debt to finance the resurrection of the Washington Coles' community beginning with a multi-family project at Lake Street and Sam Rankin Street, ASAP as part of a master planned community encompassed in the Washington - Coles' area. I've taken an different tactic herein due to the potential disastrous consequences of allowing any type of zoning change, especially for a land grant or a land lease of regarding Commercial Rezoning Case 1120-01. The second and third largest private stakeholders consider approval of the zoning request is the the death-knell, which is ruinous to the second and third largest private investors and stakeholders of the controlling interest of five hundred ( 500 ) stakeholders. I've been a commercial real estate broker, a regional asset manager for the F.D.I.C. in Dallas -Fort Worth Metroplex. I advanced to become the the Vice-President of Commercial Acquisitions for an A.I.G.Global Finance Joint Venture that purchased eight ( 8 ) large portfolios of hundreds of commercial mortgage-backed securities. I manage the thirty-one investments for our companies in Corpus Christi. It took the City of Corpus Christi, H.U.D., etc. to dismantle Northside Manor for ten plus ( 10 + ) plus years which had kept developers from any type of risky land acquisition. I became the the Vice-President of Commercial Acquisitions for an A.I.G.Global Finance Joint Venture that purchased eight ( 8 ) large portfolios of hundreds of commercial mortgage-backed securities. I teamed with several large investment banks located in the New York City and in the Charlotte C.B.D. to secure financing for several large prototypical projects listed below. I've become involved to self-promote my ability to raise capital in order to defeat the proposed zoning change until the new Harbor Bridge opens in late 2021 0r 2022. The importance of Washington Cole's' zoning request issues which profoundly effect our companies vision which includes the reconstruction of retail, multi-family and single family residential structures, which replicate the former district's vitality. The suspension bridge will instantly become a great U.S.A. Landmark. Our company plans to replicate the former thriving commercial district and expand the Bayview Cemetery and the Buffalo Soldiers that rest in peace in the park. 3 An administrative assistant said that that you might be be able to work me in to present our plans to Mayor McCombs, Coucilman Roy and specifically the members of the planning and zoning commission. I have raised the capital ( the debt and the equity, ) to redevelop projects such as the Brandywine Town Center, a super-regional retail center in suburban Philadelphia. I contributed to raise the debt and and equity as a co-developer for projects such as Brandywine Town Center, a super regional mall in suburban Philadelphia. My team sold one hundred and thirty five ( 135 ) acres to the Toll Brothers which built and sold out the affluent, adjacent sub-division. I also acquired the debt and the equity for the Austin Central Business District Hilton Convention Center Hotel. The City of Austin provided twenty-five million dollars( 25 ) secured the partial funds for the hotel. I acquired the capital for what is the ninety- seven ( 97 ) luxury condominiums, which was the prototype for the scores of thirty ( 30 ) to sixty ( 60 ) story projects which earned their financing due to the successful marketing efforts of its convention center condominiums within the hotel to University of Texas Alums and Cosmopolitan Austinites. The project spawned scores of the forty ( 40 ) to sixty ( 60 ) story condominium projects. The last sixty ( 60 ) story project sold out before construction began. I will share my dream with you. The street grids, the demographics and the future traffic counts are paramount indicators of how and why my company selected to sale its housing units and kept tracts of the land for future development. The Washington Coles' District, will become a key part of the Sea District, after the opening of the 208 foot decked, colorfully lit suspension bridge. The prototype for the bridge is the newer Atlantic Bridge that spans the Panama Canal. The bridge and the rapidly expanding which will become a hub for super-tankers and cruise ships. . My companies original principals immigrated to Texas from Kiev and became proud Corpus Christians with extremely limited funds. My Great-Grandparents worked seven days a week, collecting rental units in Hillccrest, in Washington Coles' and in Saxet Heights by collecting rents by horse and buggy. The Grossman House in Heritage Park is an example of the families' home in the 1920's, etc. I've been the real estate representative of the original task force which includes TxDOT, the Port of Corpus Christi, the F.T.C. and the City of Corpus Christi's elected officials, since its inception almost a decade ago. Sincerely, Barry 5114 Balcones Woods Suite 307 Austin, TX 78759 Office: 512.257.7905 Cell: 512.689.8153 4 The CONFIDENTIALITY NOTICE: This email message and its attachments are covered by the Electronic Communications Privacy information contained in this transmission is confidential and intended only for the personal use of the intended recipient(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution, copying or the taking of any action in reliance on the contents of this communication or other use is strictly prohibited. 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Rezoning for a Property at 1401 North Alameda Street From “RM-1” To “IL” Zoning Case #1020-01 City Council February 9, 2020 N 2 Aerial Overview 3 Neighborhood Amenities Park Church School 4 Adjacent Development and Zoning 5 Public Notification 52 Notices mailed inside 200’ buffer 6 Notices mailed outside 200’ buffer Notification Area Opposed: 13 (13.52%) In Favor: 6 XXX XXX X X X X X XO O OO O O 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: 3 (One Owner)X 6 Planning Commission and Staff Recommendation Denial of the change of zoning to the “IL” Light Industrial District 7 Rendering 8 Buffer Yards: “IL” to “RM-1” Type C: 15-feet and 15 points Setbacks: Street: 20 feet 40 feet when adjacent to Residential Parking: 1:1,000 GFA (Outdoor Facility) Landscaping, Screening, and Lighting Standards. Uses Allowed: Light Industrial, Retail, Offices, Vehicle Sales, Bars, and Storage UDC Requirements 9 Utilities Water:12-inch ACP line located along Sam Rankin Street, a 6-inch ACP line along Chipito Street, a 6-inch ACP line along North Alameda Street, and an 8-inch CIP line along West Broadway Street. Wastewater:6-inch VCP line located along Sam Rankin Street, a 6-inch VCP line along Chipito Street, a 6- inch VCP line along North Alameda Street, and a 21-inch VCP line along West Broadway Street. Gas:2-inch line located along Sam Rankin Street, a 2-inch line along Chipito Street, a 1-inch line along North Alameda Street, and a 2-inch line along West Broadway Street. Storm Water:24-inch line located along Sam Rankin Street. 10 Vacant Lots 11 Transportation Access DATE: January 8, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1220-01 Alty Enterprises, Inc. (District 5). Ordinance rezoning property at or near 7005 Saratoga Boulevard (State Highway 357) from the “CG-2” General Commercial District and the “IL” Light Industrial District to the “ON” Neighborhood Office District. SUMMARY: The purpose of the zoning request is to allow for the construction of a charter school. BACKGROUND AND FINDINGS: The subject property is 14.695 acres in size. The subject property is currently zoned “CG-2” General Commercial District and the “IL” Light Industrial District and consists of vacant property. The property was annexed in 1972. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a mixed use. The proposed rezoning to the “ON” Neighborhood Office District is consistent with the adopted Comprehensive Plan (Plan CC). The property is currently vacant and the subject property has not been developed since annexation. Surrounding properties have been rezoned to commercial or high density residential multifamily zoning districts indicating a pattern towards commercial development along the Saratoga Boulevard corridor. Public Input Process Number of Notices Mailed 28 within 200-foot notification area 5 outside notification area As of November 28, 2020: In Favor 1 inside notification area 0 outside notification area In Opposition 2 inside notification area 0 outside notification area Rezoning a property at or near 7005 Saratoga Boulevard (SH 357) AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/09/21 Second Reading Ordinance for the City Council Meeting 02/16/21 Totaling 1.33% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “CG-2” General Commercial District and the “IL” Light Industrial District to the “ON” Neighborhood Office District on December 9, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “CG-2” General Commercial District and the “IL” Light Industrial District to the “ON” Neighborhood Office 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 “CG-2” General Commercial District and the “IL” Light Industrial District to the “ON” Neighborhood Office 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 Case No. 1220-01 Alty Enterprises, Inc.: Ordinance rezoning property at or near 7005 Saratoga Boulevard (State Highway 357) from the “CG-2” General Commercial District and the “IL” Light Industrial District to the “ON” Neighborhood Office District 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 a 14.695 acre tract out of the Lot 7, Section 20 of Flour Bluff and Encinal Farm and Gardens Tracts Subdivision, as per map or plat thereof recorded in Volume A ,Pages 41-43, Map Records Nueces County, Texas, as shown in Exhibits “A”: from the “CG-2” General Commercial District and the “IL” Light Industrial District to the “ON” Neighborhood Office District The subject property is located at or near 7005 Saratoga Boulevard (State Highway 357). 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. Page 2 of 4 SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez _______________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 4 of 4 Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 12020-01 INFOR No. 20ZN1027 Planning Commission Hearing Date: February 9, 2020 Applicant & Legal Description Owner: Alty Enterprises Applicant: Halff Associates Location Address: 7005 Saratoga Boulevard Legal Description: 14.695 acre tract out of Lot 7, Section 20 Flour Bluff and Encinal Farm and Gardens Tracts Subdivision, located along the south side of Saratoga Blvd (State Highway 357), west of Rodd Field Road, and east of Airline Road. Zoning Request From: “CG-2” General Commercial District and “IL” Light Industrial District To: “ON” Office Neighborhood District Area: 14.695 Purpose of Request: To allow for the development of a public charter school. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “CG-2” General Commercial District and “IL” Light Industrial District Vacant and Commercial Mixed-Use North “CG-2” General Commercial District Vacant and Low Density Residential Commercial and Medium Density- Single Family Residential South “RS-6” Single Family Residential District Low Density Residential and Commercial Permanent Open Space East “CG-2” General Commercial District and “RM-1” Multifamily Residential Vacant and Public Semi-Public Mixed-Use West “RM-3” and “RM-1” Multifamily Residential Medium Density Residential Permanent Open Space ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for Mixed-Use. The proposed rezoning to the “ON” Office Neighborhood is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 042032 and 41032 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 420 feet of street frontage along Saratoga Boulevard (State Highway 357) which is designated as a “A3” Primary Arterial Street. According to the Urban Transportation Plan, “A3” Primary Arterial Streets can convey a capacity between 30,000 to 48,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Saratoga Boulevard (SH 357) “A3” Primary Arterial 130’ ROW 79’ paved 120’ ROW 72’ paved 13,747 ADT (2013) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “CG-2” General Commercial and “IL” Light Industrial Districts to the “ON” Office Neighborhood District to allow for the construction of a public charter school. Development Plan: The subject property is 14.695 acres in size. The applicant has not submitted any specific plans concerning the public charter school. Existing Land Uses & Zoning: The subject property is currently zoned “CG-2” General Commercial and “IL” Light Industrial Districts, consists of vacant land, and has remained undeveloped since annexation in 1972. To the north is a federal credit union and zoned “CG-2” General Commercial District. To the south is a master planned drainage channel 27, and a single-family home subdivision (The Vineyards) zoned “RS-6” Single Family Residential. To the east is vacant land zoned “CG-2” General Commercial District and “RM-1” Multifamily Residential. To the west is drainage channel and multifamily apartments that that are zoned “RM-3” and “RM-1” Multifamily Residential. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8-inch PVC line located along Saratoga Boulevard (SH 357). Wastewater: 8-inch PVC line located along the western, southern, and northern edge of the property. Gas: 8-inch Service Line located along Saratoga Boulevard (SH 357). Storm Water: Approximately a 160 feet wide ditch to the west, and an approximately 120 foot wide ditch to the south. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for mixed uses. Staff Report Page 3 The proposed rezoning to the “ON” Office Neighborhood District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent commercial properties. • The property is currently vacant and the subject property has not been developed since annexation. • Surrounding properties have been rezoned to commercial or high density residential multifamily zoning districts indicating a pattern towards commercial development along the Saratoga Boulevard corridor. • If the “ON” Office Neighborhood District is approved, the public charter school will need to abide with all requirements of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (December 9, 2020): Approval of the change of zoning from “CG-2” General Commercial District and “IL” Light Industrial District to the “ON” Office Neighborhood District. Public Notification Number of Notices Mailed – 28 within 200-foot notification area 5 outside notification area As of November 28, 2020: In Favor – 1 inside notification area – 0 outside notification area In Opposition – 2 inside notification area – 0 outside notification area Totaling 1.33% of the land within the 200-foot notification area in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Staff Report Page 4 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 5 Staff Report Page 6 Staff Report Page 7 Alty Enterprises Rezoning for a Property at 7005 Saratoga Blvd From “CG-2” and “IL” to “ON” Zoning Case #1220-01 City Council February 9, 2021 2 Aerial Overview N 3 Adjacent Development and Zoning Pattern 4 Public Notification 28 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area In Favor: 1 XX 0 N Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Opposed: 2 (1.33%) Separate Opposed Owners: 2 5 Planning Commission and Staff Recommendation Approval of the change of zoning to the “ON” Office Neighborhood District DATE: January 8, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1220-04 Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust: (District 4) Ordinance rezoning property at or near 7349 and 7325 State Highway 361 from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. SUMMARY: The purpose of the zoning request is to allow for the construction of a luxury RV Resort. (3/4 vote required). BACKGROUND AND FINDINGS: The subject property is 20.993 acres in size. The subject property is currently zoned “RM-AT” Multifamily AT District and is currently vacant. The property was annexed in 2001. Conformity to City Policy The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is planned for a planned development use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The property is currently vacant and the subject property has not been developed since annexation. Public Input Process Number of Notices Mailed 67 within 200-foot notification area 1 outside notification area As of November 28, 2020: In Favor 4 inside notification area 0 outside notification area In Opposition 24 inside notification area 0 outside notification area Totaling 46.15% of the land owners within the 200-foot notification area are in opposition. Rezoning a property at or near 7349 and 7325 State Highway 361 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/09/21 Second Reading Ordinance for the City Council Meeting 02/16/21 Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District on December 9, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “RM-AT” Multifamily AT 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-AT” Multifamily AT 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 Case No. 1220-04 Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust: Ordinance rezoning property at or near 7349 and 7325 State Highway 361 from the “RM-AT” Multifamily AT 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 a 20.993 acre tract out land, comprised of 13.155 Acres out of J.W. Waterbury Survey 596, Abstract No. 408, Land Script 167 and a 7.838 tract, Zoning Tract, comprising portions of Lots 4, 5, 6, and 7, Block 1 Sunrise Shores, a map of which is recorded in Volume 46 Pages 81 and 82, Map Records of Nueces County, Texas, as shown in Exhibit “A”: from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. The subject property is located at or near 7349 and 7325 State Highway 361. 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 Page 2 of 8 City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 8 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 8 Exhibit A Page 5 of 8 Page 6 of 8 Page 7 of 8 Page 8 of 8 Gulf Realty Trust/ Poseidon Realty Trust/ North End Realty Trust Rezoning for a Property at 7349 and 7325 State Highway 361 From “RM-AT” To “RV” Zoning Case #1220-04 N City Council February 9, 2021 2 Aerial Overview N 3 Adjacent Development and Zoning Pattern N 4 Public Notification 67 Notices mailed inside 200’ buffer 0 Notices mailed outside 200’ buffer Notification Area Opposed: 24 (46.15%) In Favor: 4 X X X X XX X XXX X XXXX XX X X XX X X Separate Opposed Owners: 6 Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition OOOO N 5 Proposed Site Plan 6 Conceptual Rendering of RV Space 7 Planning Commission and Staff Recommendation Approval of the “RV” Recreational Vehicle Park District 8 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 UDC Requirements DATE: December 10, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Ordinance amending the Unified Development Code amending defined terms, administrative exemptions, design standards, fees, appeals, stays of demolition, financial guarantees, zero lot line development, residential development standards, place of worship use, clustered development overlay district, mixed-use overlay district, streetscape zone standards, neighborhood mixed-use development standards, trust fund policy, nonconforming structures, driveway spacing, visibility and mid-block obstructions, development incentives , combine uses, reducing setbacks, increasing allowable accessory dwelling units, and adding and removing language to ensure consistency with adopted local, State and Federal codes. Amendments are to promote public safety and facilitate development and re-development. SUMMARY: The purpose of this item is to modify current requirements & restrictions to improve overall functionality and efficiency of the Unified Development Code “UDC” through various amendments. BACKGROUND AND FINDINGS: Pursuant to Section 3.2.1 of the UDC, amendments to the UDC may come be made from time to time in order to establish and maintain sound, stable and desirable development; correct errors in the text; or, adjust the text of the UDC to changing conditions in a particular area in the City. As part of the amendment process, public outreach occurred with the Development Services Technical Advisory Group, Coastal Bend Home Builders Association and Associated General Contractors South Texas Chapter. The proposed amendments were presented to the Planning Commission and received a recommendation of approval. The proposed text amendments are summarized below. Editing/Clarifying Amendments Editing/Clarifying Amendments are changes that remove redundant and conflicting language or provide additional clarification for an adopted standard without requiring a change in current policy, which include removing conflicting language, specific code citations to reduce the number of future amendments, and combining uses to remove redundancy and streamline the Code. 2020 Code Cycle Unified Development Code Amendments AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/9/21 Second Reading Ordinance for the City Council Meeting 2/16/21 • Remove conflicting language between the UDC and Code of Ordinances, State or Federal Law for: • Air Installation and Compatible Use • Farmers Market • Outdoor Displays • Animal Pens • Change language to ensure State Law and Standards are met for: • Changing “Mentally retarded” to “Intellectual disability” to be consistent with Rosa’s Law • Remove quasi-judicial and legislative decisions that are dictated by State Law for Planning Commission, Landmark Commission and Zoning Board of Adjustments. • Remove specific reference to local, State and Federal Code citations for: • Final plat review criteria • Change “Director of Planning” to “Director of Development Services” • Amend signs table to align with adopted Billboard text Minor Amendments Minor amendments are changes that change the Code's intent without a policy change, which include consolidating uses, promoting rehabilitation, and revising and clarifying definitions. • Allow for appeals to be considered by the Assistant City Manager of Development Services prior to City Council consideration for Proportionality of Municipal Infrastructure cost. • Incentivizing development of distressed historic buildings: • Adaptive Reuse Encourage the development of a diverse community downtown for both residential and commercial and define rehabilitation (Historic). • Certificate of Appropriateness Established a timeframe that begins upon a certificate of appropriateness application being deemed complete. • Combine “community service” and “Places of Worship” uses to be consistent with the Religious Land Use And Institutionalized Persons Act of 2000 (RLUIPA) 42 U.S.C §§2000cc, et seg. RLUIPA provisions protect individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws. • Consolidate mixed-use options into a single mixed-use • Revised and add clarifying definitions Policy Change Policy change amendments are changes that change the intent of the Code and require a policy change, which include the appeal process, administrative exemptions allowances, reducing lot sizes, reducing side yard setbacks for accessory dwelling units, promoting public safety, and responsible development and facilitating development and redevelopment. • Administrative Exemptions • Allow for administrative exemptions for sidewalks in an already developed residential area that does not have existing sidewalks. • Promoting Public Safety • Revise current language to be consentient with the International Residential Code to disallow eaves in easements. • Require proper driveway spacing, visibility triangle and limit mid-block obstructions • Require canopy trees with a minimum caliper of 2.5 inches every 30 linear feet of frontage on an arterial or collector street right-of-way for off-street surface parking areas constructed and located behind the principal building which are screened from the view of the Arterial or Collector right-of-way in mixed use development pattern. • Accessory/Lots • Reduce side yard setbacks for non-habitable accessory • 5-feet for detached non-habitable structures without residential use in RE • Increase the allowable detached accessory dwelling units in: • 1000 maximum total square footage of habitable space for FR, RE and RS-22 • 800 maximum total square footage for RS-15 and RS-10 • 500 maximum total square footage for RS-6 and RS-4.5 with the exception that lots over 10,000 square feet may allow for a maximum of 800 total square footage. • • Reduce lot size/setbacks in: • Minimum lot width • RE from 150 to 100 • RS-22 from 100 to 75 • RS-10 from 80 to 50 • Side yard setback • RE (single) from 25 to 15 • RE (total) from 50 to 30 • Trust Funds/Developer Guarantees • Add language to Water and Wastewater trust funds to be consentient with the Texas Local Government Code and simplify the reimbursement equations. • Remove Stormwater trust fund • Facilitating development and redevelopment • Provide an exemption for existing non-conforming lots to remain non-conforming after a natural disaster or when utilizing local, State or Federal funding for the reconstruction or rehabilitation. • Remove zero lot line development from the UDC. • Provide density bonuses in mixed use development for low impact development and improved parking • Reduce parking requirements for utilizing low impact development features • Allow for a reduction in parking by utilizing cross access agreements or easements and short-term bike parking spaces (bike racks) and/or long- term bike parking spaces (bike storage lockers). • Encourage alternatives to demolition for Historic properties by extending the maximum allowed days for: • Stay of demolition from 120 to 365 days • Driveway approaches from 60 to 365 days • “Removal or Amendment of Historic Designation” a Stay on a commercial parking use or a driveway approach may be considered for a period up to 365 days after recommendation of the Landmark Commission and City Council final action to remove a historic layer. Public Outreach Public Outreach was conducted throughout the 2020 Code Cycle with active engagement with the following stakeholders: Development Services Technical Advisory Group (DSTAG) -created to assist City Staff with vetting all proposed amendments to ensure that language brought forward for consideration is well rounded and incorporated and addressed concerns from a diverse group of stakeholders. DSTAG Members: 2 Planning Commissioners 1 Representative from the Coastal Bend Home Builders Association 1 Representative from Associated General Contractors Commercial 1 Insurance Agent 1 Realtor 1 Property Owners Association/Homeowners Association 1 Engineer 1 Architect DSTAG Meetings: • 03/02/2020 • 06/08/2020 • 06/29/2020 • 08/03/2020 • 08/24/2020 • 09/14/2020 Additional Stakeholder Outreach included posting the proposed amendments and summary table for public comment on the City website for comment the first week of November. Additionally, staff provided the summary table and amendments to the Coastal Bend Home Builders Association, Associated General Contractors and a previously established UDC stakeholder group. Staff met with representatives from the Coastal Bend Homeowner Association on December 4, 2020 to further discuss the amendments prior to consideration. ALTERNATIVES: 1. Adjustment of the proposed text amendment language. 2. Denial of the proposed text amendments. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: City Staff and the Planning Commission recommend approval. The Planning Commission recommended approval during a public hearing on December 9, 2020. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Page 1 of 72 Ordinance amending the Unified Development Code amending defined terms, administrative exemptions, design standards, fees, appeals, stays of demolition, zero lot line development, residential development standards, place of worship use, mixed-use overlay district, streetscape zone standards, neighborhood mixed-use development standards, trust fund policy, nonconforming structures, driveway spacing, visibility and mid-block obstructions, development incentives , combine uses, reducing setbacks, increasing allowable accessory dwelling units, signs in commercial districts and adding and removing language to ensure consistency with adopted local, State and Federal codes; and providing for penalty. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 9, 2020, during a meeting of the Planning Commission when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, January 12, 2021, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, amendments are to promote public safety and facilitate development and re- development; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. UDC Article 1 “General Provisions”, Section 1.11 Definitions, Subsection 1.11.3 Defined Terms is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: § 1.11 Definitions 1.11.3 Defined Terms * * * * * Block: A group of lots surrounded by public or private streets or roads. * * * * * Collection Line: A wastewater line of less than 15" diameter and smaller that conveys wastewater. * * * * * Cross access agreement or easements an area intended to promote better vehicular access and circulation to and from the parcel with a dedicated drive aisle. * * * * * Distribution Mains: Water Mmains of less than 12 inches inside diameter, or smaller, connected to the supply mains that provide fire protection and domestic service. * * * * * Page 2 of 72 Farmers Market: A use in an unenclosed, permanently-roofed structure engaged in the retail sale of fresh fruit, vegetables and other items as permitted by this Code. * * * * * Grid Mains: Water Mmains of 12 inches inside diameter, or larger, that serve as distribution supply mains and are not to exceed 6,000 feet in length between cross connection mains. Grid Loop: That portion of the water grid system where the grid main is completely closed around an approximate square mile area, or as permitted by the distribution system standards up to a maximum of an approximate square mile area. Grid System: The transmission and distribution system created to deliver the supply and demand of electricity water for provisions of fire protection and domestic service consumers. * * * * * Low Impact Development (LID) strategies are structural stormwater Best Management Practices and planning techniques that are intended to reproduce predevelopment hydrologic conditions by reducing impervious surfaces and infiltrating, evaporating, and storing stormwater runoff using native or improved soils, vegetation, and bioengineering. LID practices include, but are not limited to, bioretention, bioswales, permeable sidewalks, planter boxes, sand filter, vegetated filter strips, green roofs, constructed wetlands, rainwater collection devices such as cisterns, and rain gardens. * * * * * Open Space: Property under public or private ownership which is unoccupied or predominately unoccupied by buildings or other impervious surfaces (excluding impervious surfaces used for amenities, i.e. sidewalks, trails, basketball courts, swimming pools, etc.) and is used for parks, recreation, agriculture, conservation, preservation of native habitat and other natural resources, surface water impoundment, historic, or scenic purposes. * * * * * Semi-attached: Single family house that shares one common wall with the next house. * * * * * Trunk Line: A wastewater line of 185" or greater diameter and larger which conveys wastewater. * * * * * Visibility Obstruction: An object which blocks the view of a motorist either at a private driveway with an intersecting street or at two intersecting streets. Visibility Triangle: An imaginary triangle located at the intersection of two public streets or at the intersection of a street and private driveway. At the intersection of two streets, the dimensions of the visibility triangle shall be as per the dimensions specified in Subsection 4.9.2. At the intersection of a street with a private driveway, the visibility triangle shall be formed by the intersection of the street boundary line and the pavement line of the driveway, with the hypotenuse (or third side of the triangle) connecting the street pavement line and the pavement line of the driveway at distances from their intersection equal to 20 feet along the driveway and 30 feet along the street pavement line. * * * * * Page 3 of 72 SECTION 2. UDC Article 2 “Unified Development Code Organizations and Officers”, Section 2.10 Assistant Director for Planning, Subsection 2.10.1 Powers and Duties is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: §2.10 Assistant Director for Planning Development Services § 2.10. Assistant Director for Planning Development Services 2.10.1. Powers and Duties The following powers and duties may be assigned to the Assistant Director for Planning Development Services under this Unified Development Code. Additional powers and duties may be assigned under other portions of the Municipal Code and non-codified ordinances or by the Assistant City Manager of Development Services. A. Review and Recommendations The Assistant Director for Planning Development Services, upon assignment by the Assistant City Manager of Development Services, shall review and make a recommendation on the comprehensive plan, zoning and rezoning requests, text amendments, landscape plans and permits, and on such other items as may be assigned. SECTION 3. UDC Article 3 “Development Review Process”, Section 3.1 Common Review Procedures, Subsections 3.1.6.C Fees and Subsection 3.1.10 Appeals; Section 3.4 Historic Overlay District or Landmark Designation, Subsection 3.4.2 Review Process; Section 3.8 Subdivision Plat Review, Subsection 3.8.5 Final Plat; Section 3.9 Proportionality of Municipal Infrastructure Costs, Subsections 3.9.3, 3.9.4 and 3.9.6; Section 3.16 Certificate of Appropriateness for Demolition, Subsections 3.16.2 Review Process and 3.16.3 Stay of Demolition is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: §3.1 Common Review Procedures 3.1.6 Application Requirements * * * * * 3.1.6.C Fees * * * * * 5. An applicant who has paid the appropriate fee pursuant to the submission of an application, but who chooses to withdraw such application prior to its determination of completeness, shall be entitled to a refund, less the refund fee as published in the Development Services fee schedule, Chapter 14 of the Municipal Code, of the total amount paid upon written request to the Assistant City Manager of Development Services. * * * * * Page 4 of 72 3.1.10 Appeals A. Administrative Decisions With the exception of decisions on building permits, certificates of occupancy and floodplain permits, any person aggrieved by the decision of an administrative official regarding the provisions of this Unified Development Code may appeal to the Board of Adjustment in accordance with Section 3.27. Any applicant who disagrees with any final agency determinations in the form of written interpretations of this Code by a duly authorized administrative official is required to appeal the interpretation to the appropriate board designated to hear such appeals before seeking other relief. Any party who disagrees with any staff interpretation of this Code or of the Building and Technical Construction Codes is required to obtain a written interpretation from the administrative official authorized to interpret the code in question prior to taking any other action. Absent a ruling on an appeal that overturns the staff interpretation, the staff interpretation shall stand in force until such time as it is amended by formal written determination of an official authorized to interpret the applicable Code provision or by a Code amendment. The process for making formal written determinations and the requirement for properly and timely filing appeals by aggrieved parties shall be vigorously enforced and supported within the City government. B. Quasi-Judicial and Legislative Decisions Any party aggrieved by a decision of the Landmark Commission, Board of Adjustment, Building Code Board of Appeals, Planning Commission, or City Council may appeal per applicable state law. to a court of competent jurisdiction. BC. Construction Any Party aggrieved by a decision on matters regulated in one of the criteria manuals found in an Appendix of this Unified Development Code by a decision related to construction plans as provided in Subsection 3.8.4, may appeal to the Building Code Board of Appeals in accordance with Sec. 14- 226 of the Municipal Code as it may be amended from time to time. * * * * * § 3.4 Historic Overlay District or Landmark Designation * * * * * 3.4.2 Review Process * * * * * 3.4.2.E Removal or Amendment of Designation The designation of an historic overlay zoning district or landmark may be amended or removed using the same procedure provided by this Section for its designation. Whenever a designated landmark or a contributing structure in a historic overlay zoning district has been demolished, Page 5 of 72 removed, or altered in whole or in part, the Landmark Commission shall recommend to the City Council whether the designation should be retained or removed. Furthermore, a maximum of 365-day stay of demolition may be imposed by the City Council upon the recommendation of Landmark Commission and final action to remove a historic layer. * * * * * § 3.8 Subdivision Review * * * * * 3.8.5 Final Plat * * * * * 3.8.5.D. Review Criteria A final plat with a previously approved preliminary plat shall be approved if it meets all of the criteria: 1. The final plat is consistent with an approved preliminary plat and the approved master preliminary plat. 2. The final plat is consistent with any required rights-of-way and easements. 3. The final plat is in compliance with any subdivision design and improvement standards adopted by the City pursuant to Texas Local Government Code §212.002 or Texas Local Government Code §212.044 governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety or general welfare of the City and the safe, orderly and healthful development of the City. * * * * * §3.9 Proportionality of Municipal Infrastructure Cost * * * * * 3.9.3 An applicant who disputes the determination made in Section 3.9.2 above may appeal first to the Assistant City Manager of Development Services and then if warranted City Council. At the time of appeal, the applicant may present evidence and testimony under the procedures adopted by the City Council. After hearing any testimony and reviewing the evidence, the Assistant Director of Development Services or City Council shall make the applicable determination within 30 days following the final submission of any testimony or evidence by the applicant. 3.9.4 Page 6 of 72 An applicant may appeal the determination of the City Council to a county court at law or district court in Nueces County within 30 days of the final determination by the City Council. An applicant who prevails in an appeal under this Subsection is entitled to applicable costs and to reasonable attorney’s fees, including expert witness fees. * * * * * 3.9.6 An applicant who prevails in an appeal under this Subsection is entitled to applicable costs and to reasonable attorney’s fees, including expert witness fees. * * * * * §3.16 Certificate of Appropriateness for Demolition * * * * * 3.16.2 Review Process B. Landmark Commission Final Action 1. Following notice in accordance with Subsection 3.1.7, the Landmark Commission shall hold a public hearing and approve, approve with conditions, or deny the certificate of appropriateness for demolition. Any action taken by the Landmark Commission to demolish, change the exterior of or remove property on the preservation plan shall require a favorable vote of at least a majority of the Landmark Commission members. 2. The Landmark Commission shall hold a public hearing on a certificate of appropriateness for demolition within 60 days from the date the certificate of appropriateness for demolition application is deemed complete. 3.16.3. Stay of Demolition A. The Building Official shall automatically impose a 60-day stay of demolition or removal at the time a permit is requested unless public health, safety and welfare are threatened. B. If the Landmark Commission denies the certificate of appropriateness for demolition, a maximum of 120365-day stay of demolition from the initial date of the application may be imposed by the Landmark Commission and any interested parties may explore alternatives to demolition. During the stay of demolition period, no demolition or removal permit shall be granted. * * * * * Page 7 of 72 SECTION 4. UDC Article 4 “Base Zoning Districts Table of Contents”, Section 4.2 Measurements, Subsections 4.2.2 Lot Area, 4.2.5 Yards, 4.2.9 Visibility Triangle and 4.2.10 Back to Back; Section 4.3 Single Family Residential Districts, Subsections 4.3.2 Permitted Uses, 4.3.3 Residential Design Standards and 4.3.5 Zero Lot Line Development; Section 4.4 Multifamily Residential District, Subsection 4.4.2 Permitted Uses, Subsection 4.4.3 Residential Development Standards; Section 4.5 Commercial Districts, Subsection 4.5.2 Permitted Uses is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: § 4.2 Measurements * * * * * 4.2.2 Lot Area A. Lot area shall be measured as the area contained within the property lines of a lot, excluding any street, easement for street purposes, street right-of-way and all lands seaward of the state-owned water boundary. B. There shall be one single-family dwelling per lot or as otherwise stated in this Code. C. Individual lots in new developments or a replat with more than five lots may deviate up to 10% from the minimum lot area, provided that the average lot area in the project shall equal or exceed the minimum lot area for the zoning district. In no case shall the maximum density for the zoning district be exceeded due to such reduced lot size. D. A lot may consist of one or more portions of adjacent lots under single ownership so long as the lot area per dwelling unit, lot width, yard and lot coverage requirements, and other requirements of this Article are maintained. This requirement shall not be construed to prevent the purchase or condemnation of narrow strips of land for public utilities or street right-of-way purposes. E. Except for semi-attached and zero lot line houses described in Subsection 4.3.5 and townhouses described in Subsection 4.4.4, no building shall be permitted to be placed upon a lot line. * * * * * Page 8 of 72 4.2.5 Yards * * * * * 4.2.5.D Features Allowed Within Required Yards The following features may be located within a required yard subject to visibility triangle and Section 4.2.9 : 1. Landscape features and irrigation; 2. Open, unobstructed, unenclosed porches, decks or patios that do not extend above the level of the first floor of the building and that do not extend or project into the front or side yard more than 6 feet; 3. Sidewalks, fences and walls; 4. Fences and walls; 45. Minor utilities as described in Subsection 5.1.3.J; 56. Mechanical equipment such as air conditioning units, pool pumps and similar equipment, provided that no such equipment shall be permitted in a required street yard and provided that such equipment shall be set back a minimum of 3 feet from a street or, side or rear yard or 1 foot from a side or rear lot line; 67.Sills, belt courses, cornices, buttresses, chimneys, flues, eaves and other architectural features that do not extend more than 24 inches into any required yard must comply with the International Residential Code. ;or If any of the above features extend into a public utility or drainage easement (with the exception of eaves), replacement costs shall be the responsibility of the owner. 4.2.5.E Single and Two-family Residential Driveways Parking 1. The parking of vehicles shall be prohibited in any required street yard except on a paved surface. 2. The cumulative area of any driveway, plus any impermeable surface area located in the required street yard, shall not exceed 70% of the area of the required street yard. 3. Residential parking shall be made of an all-weather dust-proof surface, such as asphalt, caliche, concrete or brick. 4. Exceptions: Lots of 15 acres or greater with a minimum driveway apron depth of 50 feet from the edge of street made of an all-weather dust-proof surface are exempt from residential parking driveway requirements. * * * * * Page 9 of 72 4.2.9. Visibility Triangle Obstructions A. On any corner lot, a visibility triangle shall be established. The visibility triangle shall be formed by extending lines from the intersection of two streets to points 20 feet from the corner of the intersecting streets and then connecting the two points to form a triangle. B. No construction, planting or grading visibility obstruction shall be permitted to interfere with the sightvisibility triangle between the heights of 30 inches and 7 feet as measured from the crowns of the adjacent streets. C. No visibility obstructions shall be permitted in the area where a private driveway intersects with a street boundary line and the pavement line of the driveway, with the hypotenuse (or third side of the triangle) connecting the street pavement line and the pavement line of the driveway at distances from their intersection equal to 20 feet along the driveway and 30 feet along the street pavement line. 4.2.9.B Visibility Triangle/Obstructions Page 10 of 72 4.2.9.B Visibility Triangle/Obstructions Page 11 of 72 4.2.10 Back-to-Back Adjacent Lots A street yard on the side of a corner lot abutting the street shall be a minimum of not less than ten (10) feet back of the street right-of-way when such a lot is back to back with another corner lot and not less than the required minimum front yard in every other instance. A. A street yard on the side of a corner lot abutting the street shall be a minimum of not less than ten (10) feet back of the street right-of-way when such a lot is back to back to with another corner lot. B. For corner lots abutting a lot, where there is not a back to back, the street yard shall in no case be less than the average of the two adjoining street yards. C. If a corner lot is abutting a parcel that is (i) unplatted, (ii) not identified on a preliminary plat (iii) zoned Farm Rural or is outside city limits, then the corner lot street yard on the same street as the abutting parcel shall be a minimum street yard ten (10) feet. * * * * * § 4.3 Single-Family Residential Districts * * * * * 4.3.2 Permitted Uses The following principal uses are permitted by right, permitted subject to limitations, or require a special use exception or special permit in the single- family residential zoning districts. Uses may be subject to additional limitations specified in Section 6.5 when located inside a Navy Air Installation Compatible use Zone (AICUZ) (including Clear and Accident Potential Zones 1 2). Table 4.3.2 Permitted Uses (Single-family districts) SINGLE-FAMILY DISTRICTS P = Permitted Use; SP = Special Permit; L = Subject to Limitations; [blank cell] = Not Permitted; SUE = Special Use Exception FR RE RS- 22 RS- 15 RS - RS- 6 RS- 4.5 Standards Residential Uses Single-family detached house except: P P P P P P P --- Industrialized / Modular Housing L L L L L L L 4.3.7 --- Manufactured Housing 6.1.1 Zero lot line house [RE provides for 1 acre lots whereby zero lot line configurations are not necessary.] L L L L L L 4.3.5 * * * * * Page 12 of 72 4.3.3. Residential Development Standards Table 4.3.3 Residential Development (single-family districts) SINGLE-FAMILY DISTRICTS FR RE RS-22 RS-15 RS-10 RS-6 RS- 4.5 Min Lot Area 5 ac. 1 ac. 22,000 15,000 10,000 6,000 4,500 Min. Lot Width (Ft.) 150 1500 10075 50 850 50 45 Min. Yards (ft.) 25 25 20 Street 50 250 25 25 Street (corner) 25 25 See 4.2.10 Side (single) 25 2151 10 5 5 5 5 Side (total) 50 5301 20 10 10 10 10 Rear 25 15 10 5 5 5 5 Min. Open Space 30% 30% 30% 30% 30% Max. Height (ft.) 45 35 35 35 35 35 35 1 Reduced side yard setback to 5- feet for detached non-habitable structures without residential use only. All developments shall be required to comply with this Section and all other requirements of this Code. In the event of a conflict between those requirements and this Section, the requirements of this Section shall prevail. Minimum lot sizes and widths Minimum lot sizes and widths shall be the same as prescribed for single family homes in the zoning district in which development is proposed. 1. Dwelling Unit Setback a. Front Yard Setback All structures shall be set back from the front property line the minimum distance required for the front yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. b. Rear Yard Setback All structures shall be setback from the rear property line the minimum distance required for the rear yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. Accessory pools, sheds, and other permitted accessory buildings shall only be permitted to encroach within the required rear yard up to 5 feet from any property line, but not in any easement. Page 13 of 72 c. Street Corner Setback The minimum street corner setback shall be the same as the zoning district in which the development is proposed. 2. Accessory Buildings and Structures Accessory Uses and Structures shall comply with Section 5.3 * * * * * 4.3.5 Zero Lot Line Residential Development 4.3.5 Zero Lot Line Residential Development 4.3.5.A Purpose The zero line form of residential development: 1. Provides for the more efficient use of land, as compared with the typical single-family development, making available needed housing at a more affordable cost. 2. Provides for the design of dwellings that integrate and relate internal and external living areas resulting in more pleasant and enjoyable living facilities; and 3. Provides for outdoor space to be grouped and utilized to its maximum benefit by placing the dwelling against one of the property lines. Page 14 of 72 4.3.5.B Permitted Zoning Districts 1. A zero lot line development, with a maximum gross density that does not exceed the limitations for the zoning district in which the zero lot line development occurs, may be permitted in the districts identified in Subsections 4.3.2, 4.4.2, and 4.5.2 following approval of a subdivision plat and development site plan by the Planning Commission after a public hearing. 2. The Planning Commission public hearing shall be scheduled following approval of the site plan(s) and subdivision application(s) by the Department of Development Services. 3. The review shall involve other City departments for compliance with all relevant City codes and standards and this Article. 4. No building permit for such development shall be issued until the subdivision plat is recorded. 5. Where the regulations included herein conflict with regulations included in the individual districts or other sections of this Code, the regulations for zero lot line development in this Section shall apply. 6. If this Section is silent regarding a requirement found elsewhere in this Code applicable to a proposed development, the more restrictive requirement shall apply. 4.3.5.C Land Uses and Structures Permitted 1. Detached one-family dwellings on individually-platted lots, including those customary accessory uses not inconsistent therewith, shall be permitted. 2. Fencing, walls, trellises, and other similar structures can be used as connecting elements between one-family dwellings on adjacent lots subject to site plan review and Building Code/Fire Code compliance. 3. Garages, carports and utility storage structures shall be permitted accessory uses. However, said structures shall not be used as connecting elements, and their spacing from principal structures shall not be inconsistent with any applicable building or fire code requirements for the type of construction and occupancy proposed in each case. 4.3.5.D Development Parameters All zero lot line developments shall be required to comply with this Section and all other requirements of this Code. In the event of a conflict between those requirements and this Section, the requirements of this Section shall prevail. All applications for a zero lot line development additionally shall comply with the following development parameters: 3. Minimum lot sizes and widths Minimum lot sizes and widths shall be the same as prescribed for single family homes in the zoning district in which the zero lot line development is proposed. 4. Dwelling Unit Setback a. Interior Side Yard The dwelling unit or a portion thereof shall be placed on one interior side property line with a Page 15 of 72 zero setback and the dwelling unit setback on the other interior side property line shall be a minimum of 10 feet excluding the connecting elements such as fences, walls and trellises. Units are not required to be placed on the zero lot line property line, however, when said units fall at the end of a sequential row of units and where said units cannot be placed on a separate zero lot line without attaching the unit to an adjacent unit. In that event, a minimum spacing of 10 feet shall be provided from the dwelling on the adjacent zero lot line lot. Patios, pools, garden features and other similar elements shall be permitted within the 10 foot setback area; provided, however, no structure, with the exception of fences or walls, shall be placed within easements required by subparagraph 4.3.5.D.6. b. Front Yard Setback All structures shall be set back from the front property line the minimum distance required for the front yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. c. Rear Yard Setback All structures shall be setback from the rear property line the minimum distance required for the rear yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. Accessory pools, sheds, and other permitted accessory buildings shall only be permitted to encroach within the required rear yard up to 5 feet from any property line, but not in any easement. d. Street Corner Setback The minimum street corner setback shall be the same as the zoning district in which the zero lot line development is proposed or 15 feet from the street corner property line, whichever is greater. 5. Accessory Buildings and Structures Accessory buildings and structures shall be permitted in accordance with the zoning district regulations in which the zero lot line development is located, except that any more restrictive requirements herein shall apply. No accessory building shall be placed closer than 5 feet from the nearest point of a building on an adjacent lot, and no closer than 4 feet from the nearest point of the roof overhang from the building on an adjacent lot. No accessory fire pit, bar-b-que pit or structure intended for such purposes may be located closer than 6 feet from any part of any building. Accessory structures other than buildings, fire pits and bar-b-que pits may be closer than 5 feet from a building on an adjacent lot, but not within any platted easement, except as otherwise provided herein. Accessory buildings and structures shall comply with the following minimum setback requirements in the table below. Table 4.3.5.D Accessory Buildings and Structures Setbacks Pool, spa, gazebo and shed setbacks: Page 16 of 72 Table 4.3.5.D Accessory Buildings and Structures Setbacks Front 35' Rear 5' Interior sides 5' Street Corner 10% of lot width but not less than 15 feet Spacing from house for pools or spas 2' Spacing from house for structures 10' Screen enclosure and trellis setbacks: Front 20' Rear 5' Interior side 4' ZLL side 0' Street Corner 10' Accessory structures of 4 feet high or less: Front 35' Rear 5' Side(s) 5' 4. Rain Guttering Required Each building or structure constructed on the zero lot line with an overhang encroaching onto the adjoining property shall be constructed and maintained with rain guttering that prevents rain water run-off onto the adjoining property. 5. Prohibited Openings on the Zero Lot Line Side a. Openings shall be prohibited on the zero lot line side except as provided herein, and permitted by the applicable Building Code and Fire Code requirements. b. The wall of the dwelling unit located on the lot line shall have no windows, doors, air- conditioning units, or any other type of openings except as provided in this subparagraph. c. Atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit, and a solid wall of at least 6 feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit. d. Windows shall not be permitted on the zero lot line. e. Windows shall be permitted on a building wall which is located perpendicular to the zero lot line property line or where said windows are located at least 10 feet from the property line. f. Windows shall be permitted on a building wall on the side of the building adjacent to the interior yard opposite the zero lot line side of the building. Page 17 of 72 6. Maintenance and Drainage Easements A perpetual 5 foot wall-maintenance easement shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot a maximum of 24 inches but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. Building footings may penetrate the easement on the adjacent lot a maximum of 8 inches. 4.3.5.E Site Plan Review 1. Purpose The purpose of the site plan review is to encourage logic, imagination, innovation and variety in the design process and ensure the congruity of the proposed development and its compatibility with the surrounding area. The Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. 2. Required Exhibits The following exhibits shall be prepared by design professionals, such as architects, engineers, and landscape architects, and submitted to the Department of Development Services: a. A location map indicating existing zoning on the site and adjacent areas. b. Site plan at no less than 1 inch equals 100 feet, including the following information: i. Lot lines and setbacks; ii. Location, shape, size and height of existing and proposed buildings, decorative walls and elements and entrance features; iii. Landscaping in accordance with this Code; iv. Recreation facilities (if applicable); v. Stages or phases of development, if any; vi. Location of off-street parking; and vii. Location of on-street parking, if any. c. Indication of exterior graphics. d. Indication of design methods used to conserve energy. e. Floor plans and elevations of all typical units and any other structures such as recreation buildings. The total amount of lineal exterior wall area and that portion which has visual and physical access to outside patio/court areas shall be indicated for each typical unit. f. Information indicating the following: i. Gross and net acreage; Page 18 of 72 ii. Lot sizes (dimensions and square footage); iii. Building heights and stories; iv. Building coverage for each lot; v. Amount of common open space in square feet (if applicable); and vi. Total trees provided and total trees required in accordance with this Code. g. Parking required and provided including the amount and location of on-street parking, if any, that is proposed to meet minimum parking requirements. h. Such other architectural and engineering data as may be required by the City staff to evaluate the project. The Department of Development Services may from time to time publish submission requirements for Zero Lot Line development applications. The submission requirements shall reasonably relate to information that the staff finds is needed to determine compliance with applicable laws, codes, and such policies and standards as may be adopted by the City Council. 3. Plan Review Standards The following criteria shall be utilized in the plan review process: a. Planning studies Planning studies and policies approved by the City Council that include development patterns or environmental and other design criteria shall be utilized in the plan review process. b. Definition of private outdoor living spaces The zero lot line units shall be designed to integrate interior and exterior living areas. The configuration of the exterior walls of the unit shall define and enclose and/or partially enclose outdoor living areas. c. Block length Visual monotony created by excessive block lengths shall be avoided. Block lengths in new subdivisions shall not exceed 660 feet. Block widths in new subdivisions shall not exceed 320 feet. Midblock pedestrian and vehicular access to alleys and through blocks shall be permitted; such access ways shall not exceed 40 feet in total width. In existing subdivisions being replatted to create a subdivision pursuant to these standards, it is recognized that block lengths and widths may need to correspond to the existing public street system. In replats of existing subdivisions where streets are already built, longer and wider blocks may be permitted. However in such replats when the standards of this Section limiting maximum block length and width can be met, these standards shall be met. When the existing street and infrastructure prevent meeting the block length and width maximum standards in this Section, mid-block vehicular and pedestrian, or pedestrian and bicycle, or pedestrian connections shall be required with the intent of maximizing the opportunities for vehicular and pedestrian access on a grid system. In addition, alleyway connections to streets in such Page 19 of 72 replats shall meet the standards of this Code for separation from other such connections, driveways, and street intersections. d. Landscape Landscape materials shall minimize the necessity for irrigation. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to the site, visually screen incompatible uses from one another and ameliorate the impact of noise. e. Buffers Architectural and/or landscape elements that provide a logical transition to adjoining, existing, or permitted uses shall be provided. f. Energy conservation Design methods to reduce energy consumption are encouraged. At least two of the following energy conservation methods shall be used: natural ventilation of structures and enhanced attic temperature control; site subdivision and orientation of structures in relation to prevailing breezes and sun angles; insulation of structures including but not limited to the use of insulating glass; and use of landscape materials for shade, transpiration, enhancing the cooling effects of summer breezes, and protecting against the chilling effects of winter winds. g. Graphics Outdoor graphics shall be designed as an integral part of the overall design of the project. h. Visual access Visual access shall be provided for the driver of an automobile backing out of the individual lot into the adjacent roadway. Dwelling units on corner lots shall be situated and set back so as to provide unobstructed visual clearance at a roadway intersection. i. Private open space Open space intended for the private use of each individual dwelling unit shall be so located and designed so as to maximize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units. j. Trash containers Trash containers shall be screened and designed to be conveniently accessible to their users and collectors. k. Visual screening with decorative walls In an effort to prevent graffiti vandalism, a decorative wall with landscaping may be utilized for walls abutting planned or dedicated rights-of-way. The wall shall be setback 3 feet from Page 20 of 72 the right-of-way line and the resulting setback area shall contain a continuous extensively landscaped buffer which must be maintained in a good, healthy condition by the property owner, or where applicable, by the condominium, homeowners or similar association. The landscape buffer shall contain one or more of the following planting materials: i. Shrubs Shrubs shall be a minimum of 3 feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one year after time of planting. ii. Hedges Hedges shall be a minimum of 3 feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one year after time of planting. iii. Vines Climbing vines shall be a minimum of 36 inches in height immediately after planting. l. Optional Metal Picket Fence A metal picket fence abutting a zoned or dedicated right-of-way may be constructed in lieu of a decorative wall, and landscaping shall not be required. 4.3.5.F Nonconforming zero lot line development 1. Any request for a change to a zero lot line plan, previously or hereafter approved, shall be reviewed and approved by the City Council following a public hearing and recommendation by the Planning Commission. Minor changes in order to adjust engineering construction plans needed to address conditions found on the site or in the existing infrastructure shall be approved by the Assistant City Manager of Development Services, and shall not require approval of the Planning Commission or the City Council. 2. Any zero lot line projects which were approved prior to the effective date of this Code shall remain in effect as approved unless modified or rescinded. Zero lot line projects approved prior to the effective date of this Code that have provisions for maintenance and drainage easements in home owners association documents or in subdivision plats of at least 4 feet in width along the zero setback lot line, and that provide for a minimum separation between principal buildings of not less than 10 feet, shall be permitted to have roof overhang encroachments across the common lot line of no more than 2 feet. Accessory structures permitted after the effective date of this Code shall comply with the requirements of this Code. * * * * * Page 21 of 72 § 4.4 Multifamily Residential Districts * * * * * 4.4.2 Permitted Uses * * * * * Table 4.4.2 Permitted Uses (multifamily districts) MULTIFAMILY DISTRICTS P = Permitted Use; L = Subject to Limitations; SUE = Special Use Exception; SP = Special Permit; [blank cell] = Not Permitted RS-TF RS-TH RM-1 RM-2 RM-3 RM-AT Standards Residential Uses Single-family detached house P P P P P Zero lot line house L L L L L 4.3.5 Traditional house P P P P P Semi-attached house P P P P P Two-family house P P P P P Townhouse P P P P P P Apartment P P P P Cottage Housing Development P P P P P P 4.7 Group Living Uses except for: P P P P Nursing or convalescent home P P Group Home (6 or fewer residents) P P P P P P Community Home P P P P P P 5.2.26 Table 4.4.2 Permitted Uses (multifamily districts) MULTIFAMILY DISTRICTS P = Permitted Use; L = Subject to Limitations; SUE = Special Use Exception; SP = Special Permit; [blank cell] = Not Permitted RS-TF RS-TH RM-1 RM-2 RM-3 RM-AT Standards Public and Civic Uses Community Service Uses [5.1.3.A] L L L L L L 5.2.3 Day care center L L L L L L 5.2.4 Day care home L L L L L L 5.2.4 Educational Facility Uses 5.1.3.C] P P P P P P Parks and Open Area Uses [5.1.3.F] except for: P P P P P P Cemetery, columbaria, mausoleum, memorial park SP for existing facilities expanding on same or adjacent properties Crematorium (human or animal) Passenger Terminal Uses [5.1.3.G] except for: P P P P P P Airport, helipad, heliport or landing field See Section 4.5.2 or Place of Worship Uses [5.1.3.H] P P P P P P Page 22 of 72 Table 4.4.2 Permitted Uses (multifamily districts) MULTIFAMILY DISTRICTS P = Permitted Use; L = Subject to Limitations; SUE = Special Use Exception; SP = Special Permit; [blank cell] = Not Permitted RS-TF RS-TH RM-1 RM-2 RM-3 RM-AT Standards Utilities, major [5.1.3J] except for: L L L L L L 5.2.6 Wind energy units L L L L L L 5.6.4 Utilities, minor [5.1.3J] P P P P P P Wireless telecommunication facility See Section 5.5 Commercial Uses Apartment hotel P Bed and breakfast home SP SP L L L L 5.2.8 Bed and breakfast inn P Extended-stay facilities P Hotel P Motel P Industrial Uses Storage of explosives or other hazardous materials SUE SUE SUE SUE SUE SUE Other Uses No uses in this category permitted § 4.4.3 Residential Development Standards A. Development standards for the Two-Family and Townhouse zoning districts shall be based on housing type in accordance with the tables below. Table 4.4.3.A. Residential Development (Two-Family and Townhouse districts) RS-TF DISTRICT SF Detached Zero Lot Line Attached Two- Family Min. Lot Area (sq. ft.) 6,000 6,000 Min. Lot Width (ft.) 50 50 Min. Site Area (sq. ft.) Per Site 6,000 6,000 Per Dwelling Unit 3,000 3,000 Min. Site Width (ft) 50 50 Min. Yards (ft.) 20 10 20 10 20 10 20 10 Street Street (corner) Side (single) Side (total) 5 5 0 10 0 5 5 5 Page 23 of 72 Table 4.4.3.A. Residential Development (Two-Family and Townhouse districts) RS-TF DISTRICT SF Detached Zero Lot Line Attached Two- Family Rear 5 5 5 5 Min. Open Space 30% 30% 30% 40% Max. Height (ft.) 35 35 35 45 * * * * * § 4.5 Commercial Districts * * * * * 4.5.2 Permitted Uses * * * * * Table 4.5.2 Permitted Uses (Commercial zoning districts) COMMERCIAL DISTRICTS P = Permitted Use; L = Subject to Limitations; SUE = Special Use Exception; SP = Special Permit; [blank cell] = Not Permitted CN- 1 CN- 2 ON CR- 1 CR- 2 CR- 3 CG- 1 CG- 2 CI CBD BP Standards Residential Uses Care takers quarters L L L L L L L L L L P 5.2.20 Townhouse P P P P P P P P Zero Lot Line L L L L L L L L 4.3.5 Multi family dwelling P P P P P P P P P Cottage Housing Development P P P P P P P 4.7 Upper-story residential unit within commercial business structures L L L L L L L L L P L 5.2.1 Group Living Uses [5.1.2.B] P P P P P P P P * * * * * * * * * * Page 24 of 72 SECTION 5. UDC Article 5 “Use Regulations”, Section 5.1 Use Categories, Subsections 5.1.3 Public and Civic Use Categories and 5.1.4 Commercial Use Categories; Section 5.2 Specific Standards, Subsection 5.2.9 Farmers Market; Section 5.3 Accessory Uses and Structures, Subsections 5.3.1 General and 5.3.2 Specific Accessory Uses and Structures is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: § 5.1 Use Categories * * * * * 5.1.3 Public and Civic Use Categories 5.1.3.A Community Service Public and Civic Use – Community Service Characteristics: Uses of a public, nonprofit, or charitable nature providing ongoing education, training, Sor Scounseling, or assembly for religious practice to the general public on a regular basis, without a residential component. Principal Uses Accessory Uses Uses Not Included • Aquarium • Art gallery • Church • Community center • Library • Mosque • Museum • Philanthropic institution • Senior centers • Synagogue • Temple • Youth club facilities • Zoo • Associated office Fellowship or parish hall • Food preparation and dining facility • Gymnasium • Health, arts and crafts, day care, and therapy area • Indoor or outdoor recreation and athletic facility • Limited retail sale • Meeting area/classroom for meeting or classes Off-street parking • On-site day care, school or facilities. • Satellite dish antenna under 3.2 feet* • Staff residences located on-site Stealth cell antennae • Alternative or post-incarceration facility (see Social Service) • Athletic or health club (see Retail Sales and Service) • Church, mosque, synagogue or temple (see Place of Worship) • Counseling in an office setting (see Office) • Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (see Social Service) • Group home for the physically disabled, mentally retarded Intellectual Disability, or emotionally disturbed that are not considered single-family residences (7 or more residents) (see Social Service) • Group home for drug and alcohol treatment (see Social Service) • Membership club or lodge (see Indoor Recreation) • Social Service use (see Social Service) • Transient lodging or shelter for the homeless (see Social Service) Soup kitchen (see Social Service) • Treatment center (see Social Service) Page 25 of 72 * * * * * 5.1.3.H Place or Worship * * * * * 5.1.3.IH Social Service Public and Civic Use - Social Service Characteristics: Uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems, and transient housing related to social service programs. Principal Uses Accessory Uses Uses Not Included • Alternative or post- incarceration facility • Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents • Group home for the physically disabled, mentally retarded Intellectual Disability, or emotionally disturbed that are not considered single- family residences (7 or more residents) • Group home for drug and alcohol treatment • Soup kitchen • Transient lodging or shelter for the homeless • Treatment center • Adult educational facility • Day care • Food services and dining area • Meeting room • Off-street parking • Satellite dish antenna under 3.2 feet* • Staff residences located on-site • Stealth cell antennae • Storage • Aquarium (see Community Service) • Art gallery (see Community Service) • Assisted living facility (see Group Living) • Cemeteries, columbaria, mausoleum, & memorial parks (see Parks and Open Areas) • Community center (see Community Service) • Community college (see Educational Facilities) • College, seminary or university (see Educational Facilities) • Elementary, middle or high school (see Educational Facilities) • Library (see Community Service) Museum (see Community Service) • Philanthropic institution (see Community Service) • Senior centers (see Community Service) • Youth club facilities (see Community Service) * * * * * 5.1.3.JI Utility * * * * * Page 26 of 72 * * * * * 5.1.4.E. Overnight Accommodation Commercial Use Categories - Overnight Accommodation Characteristics: Residential units arranged for short term stays of less than 30 days for rent or lease. Principal Uses Accessory Uses Uses Not Included • Apartment hotel • Bed and breakfast home • Bed and breakfast inn • Extended-stay facilities • Hotel • Motel • Recreational vehicle park • Truck stop with overnight accommodations • Associated office • Food preparation and dining facility • Laundry facility • Limited storage • Meeting facility • Off-street parking • Satellite dish antenna under 3.2 feet* • Stealth cell antennae • Swimming pools and other recreational facilities • Campground (see Outdoor Recreation) • Group home for the physically disabled, mentally retarded Intellectual Disability, or emotionally disturbed that are not considered single-family residences (7 or more residents) (see Social Service) • Group home for drug and alcohol treatment (see Social Service) • Transient lodging or shelter for the homeless (see Social Service) *See additional standards in Subsection 5.3.2 * * * * * § 5.2 Specific Standards * * * * * 5.2.9 Farmers Market A farmers market shall be permitted in accordance with the Municipal Code. use tables in Article 4 subject to the following standards: A. The farmers market shall be certified by the Texas Department of Agriculture and shall comply with all local, state and federal laws and regulations. B. Items sold in the farmers market shall include: fresh fruits, vegetables, dairy products, herbs, eggs, poultry, pork, seafood, fish, shrimp, beef, flowers, baked goods, homemade preserves, candies, soaps, honey, tea, coffee, prepared foods, and similar items approved by the Assistant City Manager of Development Services. * * * * * Page 27 of 72 § 5.3 Accessory Uses and Structures 5.3.1 General Any accessory use may be permitted provided that it is customarily associated with a principal use that may be permitted by right consistent with Section 5.1 of this Unified Development Code. The establishment of such accessory uses shall be consistent with the following standards: A. The accessory use shall be subordinate to and serve a principal use or principal structure. B. The accessory use shall be subordinate in area, extent or purpose to the principal use served. C. The accessory use shall be located within the same zoning district as the principal use. D. An accessory structure located on waterfront property shall be set back a minimum of 20 feet from the mean high water line except for the landward portion of: 1. A permitted dock; or 2. A boat house that is accessory to a permitted boat dock or marina. 3. Pool and pool equipment 4. Outdoor kitchen that does not require utility connection E. Except as herein provided no accessory building or structure shall project beyond a required yard line along any street. F. No accessory structure shall be permitted in an easement without approval of a building permit in accordance with Section 3.18 in accordance with the Municipal Code. G. A special use exception shall be required in accordance with Section 3.12 for an accessory structure with a gross floor area greater than one-half the gross floor area of the principal structure. H. Accessory uses located in residential districts shall not be used for commercial purposes other than authorized home occupations. I. No accessory building or structure shall be constructed until the construction of the principal structure has commenced. No accessory building or structure shall be used unless the principal structure also is being used. J. Detached accessory buildings shall be located behind the front face of the main principal structure and the total square footage of all accessory buildings shall not exceed 50% of the main principal structure total square footage with exception of accessory structures in the FR district which may not exceed 75%. K. In water-oriented subdivisions, in-ground pools may be located in front of the main principal structure. L. Separate meters are permitted except as noted prohibited except for irrigation purposes. Page 28 of 72 5.3.2. Specific Accessory Uses and Structures 5.3.2.A . Detached Accessory Dwelling Units 1. A detached accessory dwelling unit may be permitted in any residential zoning district. The unit may include a full kitchen. 2. Only one accessory dwelling unit shall be permitted per lot or parcel. 3. The property owner shall occupy either the principal dwelling or the accessory dwelling unit. 4. The total floor area of accessory dwelling unit shall not exceed the lesser of either the total gross floor area of the principal residential dwelling unit, or as follows: Only one accessory dwelling unit shall be permitted per lot or parcel. A. 1000 maximum total square footage of habitable space for FR, RE, and RS-22 Zoning Districts B. 800 maximum total square footage for RS-15 and RS-10 Zoning Districts C. 500 maximum total square footage for RS-6 and RS-4.5 Zoning Districts, with the exception that lots over 10,000 square feet may allow for a maximum of 800 total square footage. D. An existing garage built prior to 1980 may convert to one accessory dwelling unit with no maximum on floor area if the garage is a legally conforming structure. The conversion can include an upper story Accessory Dwelling Unit over the garage. 5. The principal residential and accessory dwelling unit together shall not exceed the maximum zoning district building coverage. 6. The accessory dwelling unit may be part of or attached to the principal structure or may be a separate structure. All principal structure yard requirements shall be met. 7. The accessory dwelling unit shall not exceed the maximum zoning district height. 8. Separate meters are prohibited except for irrigation purposes. 5.3.2.B. Animal Pens and Fenced Pasture Shall be permitted in accordance with the Municipal Code. An animal pen or fenced pasture (excluding chickens) only shall be permitted in the Farm-Rural district or as an accessory use to an agricultural use as defined in Subsection 5.1.6.A. 2. Any building or structure used to house animals including, but not limited to, cattle, horses, donkeys, llamas, swine, emus and other domesticated animals not conventionally kept for companionship shall be set back a minimum of 100 feet from all property lines abutting a residential zoning district other than the Farm-Rural zoning district. 3. No setbacks shall be required for fenced pastures a minimum of 1 acre in area used to hold Page 29 of 72 livestock, such as cattle and horses. * * * * * SECTION 6. UDC Article 6 “Special Zoning Districts”, 6.3 Historic Overlay, Subsection 6.3.10 Deterioration, 6.5 Air Installation Compatible Use Zones (AICUZ), Subsection 6.5.4 Accidental Potential Zones (APZ) Compatible Land Use Guidelines; Section 6.8 Mixed-Use Overlay, Subsections 6.8.1 Purpose, 6.8.3 Allowance, 6.8.4 Application of Standard, 6.8.5 Development Overview, 6.8.6 Lot Area and Density Requirements, 6.8.9 Setbacks, 6.8.11 Permitted Non- Residential Uses, 6.8.12 Required Open Space, 6.8.13 Building Orientation, Massing, and Façade Appearance, 6.8.16 Access and Driveways and 6.8.17 Parking ; Section 6.13 Streetscape Zone Standards, Subsection 6.13.2 Streetscape Zone Pedestrian Amenities; and Section 6.14 Alternative Housing Options, Subsection 6.14.10 Zero Lot Line Development is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: § 6.3 -H, Historic Overlay * * * * * §6.3.10 Deterioration If an owner allows a structure within a Historic Overlay zoning district or a designated landmark to deteriorate to the extent that the Building Standards Review Board determines that the structure or landmark shall be demolished as a public safety hazard, after all proper notifications have been presented to the owner by the City, no application for a permit for a project, nor for a driveway approach curb cut needed for the operation of a surfaced or unsurfaced parking area may be considered for a period of up to 365 days two months from the date of demolition of the landmark as determined by the Director of Development Services. * * * * * §6.5 Air Installation Compatible Use Zone (AICUZ) * * * * * 6.5.4 Accident Potential Zones (APZ) Compatible Land Use Guidelines Recommended land use compatibility guidelines for clear zones and Accident Potential Zones are shown in the following table. In the event of a zone change request within the Air Installation Compatible Use Zones, the Air Installation Compatible Use Zones Program Office or Chief of Naval Operations shall be consulted for a recommendation on the proposed zone change. * * * * * Table 6.5.4 Land Use Compatibility in Accident Potential Zone Suggested Land Use Compatibility In Accident Potential Zone Page 30 of 72 Notes * * * * * 12. Controlled hunting and fishing may be permitted for the purpose of wildlife management unless disallowed by Municipal Code. * * * * * § 6.8 Mixed-Use Overlay District Development Pattern § 6.8 Mixed-Use Overlay District Development Pattern 6.8.1 Purpose. The purpose of the Mixed-Use Overlay District Development Pattern is to provide standards for mixed-use development that includes residential uses to promote compatibility between new and existing development and ensure that mixed-uses compatibly co-exist, and foster a variety of small, entrepreneurial, and flexible home-based businesses. Mixed residential uses encourage live, work, shop, and recreational environments, and more pedestrian-oriented social and economic neighborhood centers, which are conducive to transit use and can reduce dependence on automobiles for single-purpose trips, by locating residents, jobs, hotels, and transit services near each other. This Ordinancesection hereby recognizes Mixed-Use as an independent land use designation to be included within the City’s Future Land Use Map. The use patterns established in this section are not zoning districts or overlay zoning districts. Instead, they are forms of development that may be permitted in various zoning districts by this section. * * * * * 6.8.3 Allowances. A mixed-use development consisting of a single building on a single lot, or multiple buildings and lots, and incorporating residential uses, shall be a permitted use in the RM-AT, ON, CR-3, CN-1, CN-2, CR-1, CR-2, CG-1, CG-2, CI, and CBD Zoning Districts, when constructed in accordance with the standards of this Ordinancesection. Proposed residential mixed-use development may not be appropriate within areas designated as a Naval Air Installation Compatibility Use Zone (AICUZ), Overlay Districts, and are not assured approval upon development review. 6.8.4 Application of Standards. The standards under this Ordinancesection shall be applied to all mixed-use development within Page 31 of 72 the City limits that includes a residential use or uses as follows: A. Where a conflict exists between the standards of the underlying district or the UDC and the Mixed-Use Overlay District standards, the standards established under the Mixed-Use Overlay District Standards Ordinance shall prevail. B. The standards provided under this Ordinancesection may only be applied to mixed- use development that is platted, developed, and constructed in accordance with this Ordinancesection. C. Mixed use development that does not include a residential use or uses shall not be bound by the standards of this ordinance CD. Where a mixed-use development is constructed under the standards of this Ordinancesection, the City’s Land Use Maps shall be changed to designate the property as being utilized for mixed-uses. * * * * * 6.8.5 Development Overview. Mixed-use developments for the purpose of this ordinancesection, consist of two or more different uses which include a residential use, and occupy the same or adjacent buildings that are planned together, and shall be combined in the following manner; A. Vertically in the same building where separate uses are on different floors (for instance, retail on the ground floor and office and/or residential uses on the second and/or third floors); or B. Horizontally in multiple buildings where separate uses are placed next to each other, planned as a unit, (e.g. an apartment, single or two-family, or multiple-family residential dwelling building that is adjacent to a neighborhood commercial business or professional office building) planned together; or within the same development. C. Through a combination of the two (Fig. 6.8.5.C). Example of a Mixed-Use Development: Figure 6.8.5.C. Vertical & Horizontal Mixed-Use Commercial use on 1st floor, residential or office space located “vertically” above. Residential use “horizontally” adjacent to the commercial or office use. Page 32 of 72 Figure 6.8.5.C. Vertical & Horizontal Mixed-Use D. All floors and uses within a mixed-use development must be constructed in accordance with the City’s current Building and Fire Department Codes. E. At least 20% of the total land area within the residential mixed use project boundaries must be vertical mixed uses, and whether within a single building or multiple buildings on a development site, a minimum of 10% of the building or development shall be non-residential and a minimum of 20% of the development shall be residential. This percentage shall be calculated by determining the percent of net acres devoted to each type of use. F. The maximum total square footage of a non-residential use in a non- residential/residential mixed-use building may not exceed 50% of the mixed-use building, to ensure an appropriate scale. G. Within a vertical mixed use building, the use on the ground floor shall be a commercial, professional office, civic, tourist, or religious use, and must be different from a use on an upper floor or floors; at least one of the floors within a vertical mixed use building shall contain residential dwelling unit(s). H. Within horizontal mixed use buildings the non-residential use may not occupy more than 50% of the total ground floor area or frontage of the mixed use building, and at least one of the uses must be for residential purposes. The division of lots cannot be used to subvert the 50% residential requirement for horizontal mixed use. I. Commercial/office strip malls consisting of contiguous single-use, single-story structures are not considered a mixed-use development for the purposes of this Ordinance. J. Stand-alone big box commercial or warehouse stores are not permitted within a mixed-use development, unless planned and constructed as a Planned Unit Development (PUD) that includes residential uses. Page 33 of 72 6.8.6 Lot Area and Density Requirements. The minimum lot area shall be based on the requirements of the zoning district in which the proposed and maximum density permitted within a mixed-use development is located. For properties that are designated with the Mixed-Use development pattern there will be no maximum density set, except for properties located within a defined AICUZ boundary. shall be based on the requirements of the zoning district in which the proposed mixed use development is locate, unless otherwise stated under a Development Concept or Special Overlay District Ordinance. * * * * * 6.8.9 Setbacks. * * * * * C. Side Setbacks: 1. Multiple Contiguous Attached Buildings. No interior side yards shall be required, when attached buildings are constructed in accordance with the adopted City Building Codes. 2. Setbacks shall follow the base zoning district. Multiple, individual, non-contiguous buildings or detached structures without a constructed firewall shall require the following: a. A minimum 4-foot side yard for single-story structures, with one additional foot added to each side yard for each additional story. b. A 6-foot minimum eave separation. c. A minimum 8-foot separation between building walls. 3. Side yards abutting a side street shall require a minimum side yard of 10 feet, which can include the 5 or 10-foot sidewalk where required. D. Rear Setbacks: Minimum of 5 feet. * * * * * 6.8.11 Permitted Non-Residential Uses. A. Bars, Taverns, Clubs, and Alcoholic Beverage Sales. 1. The proposed development of a mixed-use structure incorporating a bar, tavern, nightclub, or liquor store in conjunction with a non- transient (i.e. over 30 days of residency) residential use shall be permitted in the zoning districts allowing for their use. Page 34 of 72 2. The proposed development of a mixed-use structure incorporating a restaurant with alcoholic beverage sales in conjunction with a residential use is permitted in the zoning districts where a restaurant with alcoholic beverage service is permitted. 3. The proposed development of a mixed-use structure incorporating alcoholic beverage sales or service in conjunction with a Live-Work unit shall be prohibited in all zoning districts. B. Drive-through windows for any purpose are not permitted within a mixed use development, unless located behind the principle structure with access to and from the drive-through area provided from the rear of the lot. C. The non-residential uses permitted in each mixed-use development pattern category are limited to the following uses in CG-2 District as described in Table 4.5.2 Permitted Uses.: Table 6.8.11.C. Permitted Non-Residential Mixed-Uses. Adult Day-Care Centers Art Studios, Artists and Artisans Bakeries, Patisseries, Chocolates, are allowed when the primary use is Retail Sales Banks (drive-throughs see Section 6.8.11(B) above) Beautician Salons & Barbers (excluding nail care) Bed & Breakfast Homes (no allowance for special events) Bicycle Rentals Boarding, Rooming, Lodge Houses Cafes and Bistros Child Care Centers Civic/Government Office Uses Community Gardens-Limited Agricultural Uses Computer Software and Multimedia Related Professionals Convention or Special Events Centers Drycleaners (drop-off, pick-up only) Farmers Market Retail Stand Fashion, Graphic, Interior and Other Designers Florist Funeral Home or Parlor (no crematorium) Health Spas, Fitness Centers Home Occupations Ice Cream Parlors Laundromats Liquor Store (except in AT District) Mail & Packaging Centers Page 35 of 72 Table 6.8.11.C. Permitted Non-Residential Mixed-Uses. Marina Medical Offices & Clinics Museums Neighborhood Market (groceries only) Neighborhood Pharmacy Non-Medical Offices Nutritional Sales Physical Fitness Gyms, Dance, Martial Arts Studios Printing, Publishing, Engraving Professional Services (including, attorneys, accountants, insurance sales, barbers, travel agency, consultant firms, engineers, architectural firms, and similar uses) Real Estate Offices Recreational Centers (Indoors, including arcades) Recreational Centers (Outdoors, miniature golf, sports fields, amusement piers) Repair & Sales/Services, conducted entirely within a building; (television, computer, plumbing, locksmith, shoe repair, but not including auto repair, detailing, tire service, auto body painting, home appliance repair, or similar uses) Restaurants, Food & Beverage Service, (sit-down or take-out services permitted, without alcohol service) Restaurants, Food & Beverage Service, (sit-down or take-out services with alcohol service permitted in districts allowing for the use) Retail Sales (including Boutiques, Delicatessens, Video/Game Rentals, Musical Instrument Sales/Repair, Fruits & Vegetables Sales, Automotive Parts (no service of vehicles or bays onsite), Crafts, Hardware, Home Décor, News & Books, Jewelry/Repair & Sales, Paint, Sporting Goods, Optical, Office Supplies, Greeting Cards, Antiques) Schools School Tutoring Services Senior Activity Centers Senior Assisted Living Tailor/Seamstress/Dressmaking Utility Offices (no outdoor storage) Veterinary Clinics (no outside runs) 6.8.12 Required Open Space. Mixed-use projects located in the RS-6, RS-4.5, RS-TH, RS-TF, RM-1, RM-2, RM-3, RM-AT, ON, CN-1, CN-2, CR-1, CR-2, CG-1, CG-2, CI, and CBD Zoning Districts must provide open space equaling a minimum of 10% of the combined floor area of all residential units. Open space shall be provided as passive or active recreation open space (plaza, courtyard, balconies, porches, patio, swimming pools, or a green). Indoor recreational spaces such a Page 36 of 72 gyms, pools, or recreational rooms that are half of the open space requirement, may count towards the up to 5% of the open space requirement. The adaptive reuse of an existing building may not be required to meet the 10% open space requirement A. Outdoor Open Space. Half of the open space required shall be provided as passive or active recreation outdoor open space (plaza, courtyard, roof-top terrace, or similar space (Figs. 6.8.12.A). Figures 6.8.12.A. Common Courtyards as Open Space. 1. The square footage of balconies, porches and patios, or terraced and landscaped rooftops, may count toward half of the outdoor open space requirement, provided that; a. The space provided is oriented to the household use. b. The space provided is sufficient space for the enjoyment of the occupants. c. The space provided is either useable by all the residents of the building or is provided for each residential unit in the structure. 2. Outdoor pedestrian-oriented open space for projects must include: a. Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a non-vehicular courtyard. b. On-site or building mounted lighting, providing at least 0.6 foot- candles (average) on the ground in accordance with the lighting standards of the Illuminating Engineering Society Page 37 of 72 of North America’s (IESNA) “Guideline for Security Lighting for People, Property, and Public Spaces”. c. Outdoor pedestrian-oriented space shall not include asphalt or gravel pavement, adjacent unscreened parking lots or chain link fences, adjacent “blank walls”, adjacent dumpsters, outdoor storage or retail sales that do not contribute to the pedestrian environment. d. The adaptive reuse of an existing building may not be required to meet the 10% open space requirement, see Section 7.12.7 of the Adaptive Reuse Ordinance. e. Paved walking surfaces provided shall consist of either concrete, pervious concrete or asphalt, porous pavers, or other approved unit of paving, in areas intended for foot traffic, made fully accessible under the requirements of the Americans with Disability Act (ADA) standards. f. Seating provided shall measure at least 3 feet in length (bench, ledge, planter walls, fixed or individual street furniture, etc.), or one individual seat per 60 square feet of plaza area or open space. g. Roof-top terrace areas provided as open space may not include service areas, outdoor storage or retail sales areas. h. Landscaping provided to enhance the area shall provide at least 30% of a plaza or courtyard shaded by a structure or tree canopy coverage (at 10 years after planting), the shade landscaping points provided may be doubled when counted toward the required landscaping points onsite. i. Half of the 10% open space requirement may be met for the mixed-use development where the development is connected to an improved public park located within 1,300 feet of the mixed-use building, by a continuous sidewalk. B. Indoor Open Space. Half of the 10% open space required must be provided inside the mixed use project and may include the following: 1. Indoor swimming pools. 2. Gymnasiums or fitness rooms. 3. Landscaped indoor atriums or courtyard areas with seating (e.g. as seen in many Omni Hotels). 4. Community recreational space. C. Within the downtown and uptown CR-1, CI, and CBD Districts, the square footage of outdoor swimming pools may be counted toward the outdoor open space requirement. 6.8.13 Building Orientation, Massing, and Façade Appearance. * * * * * Page 38 of 72 E. No permanently installed burglar bars shall be visible from any public street. The ground floor portion of a mixed use building may install fully retractable metal security screening or storm shutters that secure windows and doors when the nonresidential portion of the mixed use building is not open for business, and must not be visible during business hours. (See Section 6.13.1(E)(5), Figs. 8-11). * * * * * 6.8.16 Access and Driveways. A. Access to parking areas shall be provided from the rear or side of the mixed- use building, unless the mixed-use building is part of an Adaptive Re-use project in which case the standards of Section 7.12 shall apply. B. All other access drive dimensions for the lot or development must be in compliance with the City of Corpus Christi's Manual of Driveway Design and Construction Standards. C. Mid-BlockPedestrian Pass-throughs. 1. Where a proposed large-scale Mixed Use Special Overlay development project includes pedestrian pass-through or galleria shall be provided (Figs. 6.8.16.C.1). Figures 6.8.16.C.1. Pedestrian Pass-Throughs Page 39 of 72 Figures 6.8.16.C.1. Pedestrian Pass-Throughs * * * * * 6.8.17 Parking. The requirements of this Section supersede the parking requirements of Section 7.2 “Off-Street Parking, Loading and Stacking” regulations of the City’s Unified Development Code; however, all other requirements of Section 7.2 shall apply. * * * * * F. Rear Parking Allowance. Parking for non-residential uses fronting a Freeway, or Arterial right- of-way shall make every attempt to locate the new required parking spaces behind the rear façade of the principal building (Figs.6.8.17.F). Page 40 of 72 Figures6.8.17.F. 1. Off-street surface parking areas constructed and located behind the principal buildings which are screened from the view of the Freeway or Arterial Street, or Collector right-of-way by the principal building shall be consistent with Section 7.3.11 and shall be required to install canopy trees with a minimum caliper of 2.5 inches every 30 linear feet of applicable street frontage. exempt from the parking lot landscape screening requirements of the City’s Landscaping Ordinance, except along the rear property line when a residential development is located across a street or abuts the rear parking lot. 2. For every parking space provided behind a principal building fronting an Freeway or Arterial Street, or Collector right-of-way, one parking space may be deducted from the total minimum number of parking spaces required onsite for the use (1:2 ratio, one rear parking space provided for every two spaces required onsite). 3. Where parking is provided behind the principal structure on Freeway or Arterial Street, or Collector right-of-way, the front yard setback for the business or office may be reduced to a minimum of 10 feet, regardless of the requirements for the district in which it is located, provided that the front 10-foot yard of the business or office is supplied with a 10-foot pedestrian-friendly sidewalk. 4. All parking areas provided behind the principal use must be provided with safety lighting, in accordance with the lighting standards of the Illuminating Engineering Society of North America’s (IESNA) “Guideline for Security Lighting for People, Property, and Public Spaces” and shall be shielded. Page 41 of 72 G. Parking Reduction: Parking relief may be granted by each or all of the following subsections Administratively by staff. Bicycle parking shall not account for more than 25% of the off-street parking requirements. 1. Low Impact Development features may be built and would reduce parking requirements in a 1 to 1 ratio measured by the typical square footage of a parking stall. 2. Cross access agreement or easements may be installed in the side or rear of the development and could result in a maximum reduction of 10 spaces. 3. Bicycle parking spaces may be installed to alleviate parking spaces if the development is located adjacent to a bicycle lane or off road bike path required in the bicycle mobility plan or adjacent to a street with an existing bike lane or existing off road bike path. The provision of the bicycle parking spaces can be used to reduce required parking up to 10% as follows: a. Six short term bicycle parking spaces (bike racks) for every one vehicle space; and/or b. Two long term bicycle parking spaces (bike storage lockers) for every one vehicle space. GH.At a minimum, the following parking shall be provided for a mixed use development: 1. Parking for medical, non-medical, retail, commercial, or professional office space shall be in accordance with the parking requirements of Section 7.2.2.D 2. Townhomes, brownstones, duplexes, live/work units and each apartment within a mixed-use building shall require a minimum of one off-street parking space per dwelling unit, with a maximum of two off- street parking spaces per unit, unless other requirements are provided under a Special Overlay District or other Development Concept Overlay District. HI. Parking Garage Structures. Where off-street parking facilities in above- grade structures are proposed within a Mixed Use Special Overlay development, the above grade structures shall comply with the following standards: 1. Where above-ground parking structures must front on an Arterial or Collector retail or commercial street, a continuous street-fronting ground level commercial, office, or institutional spaces and uses shall be provided, except at ingress and egress points into the structure and any required ventilation (Fig. 6.8.17.H.1). * * * * * § 6.13 Streetscape Zone Standards * * * * * 6.13.2 Streetscape Zone and Pedestrian Amenities * * * * * Page 42 of 72 G. Displays and Equipment. 1. Outdoor displays, sales, and service shall be permitted in accordance with the Municipal Code. 1. Outdoor displays, sales, and services (in connection with a vegetable stand, news stand, a permitted vendor, farmers market, café, or restaurant) may take place on an outdoor patio or sidewalk, provided that no display or sales shall be allowed to block the required 5-foot Clear Zone of the sidewalk. 2. The outdoor displays, sales, and service outlined under (G)(1) above shall require a Use Privilege Agreement with the City. 3. All booths, stalls, carts, outdoor display items or other equipment utilized for outdoor display, sales, or food and beverage service at the close of business each day shall be removed or immobilized and secured so as to prevent it from becoming a public safety hazard, nuisance or security risk. 4. Roof-mounted equipment. Roof-mounted equipment shall be completely screened from public views from the ground elevation. * * * * * § 6.14.10 Zero Lot Line Development 6.14.10 Zero Lot Line Development A. Zero lot line development is permitted within the Development Concept or Special Overlays, and with the exceptions provided under this Section, shall be developed in accordance with Section 4.3.5: 1. The setbacks required and where provided for under a Development Concept Overlay or a Special Overlays shall take precedence over the requirements of Section 4.3.5. Where setback requirements are not provided for, the setback requirements of Section 4.3.5 shall prevail. 2. Windows shall be permitted on the zero line side of dwelling units under a Development Concept Overlay or a Special Overlay, provided that the windows are not capable of being opened, and provided that the placement supports the privacy of the neighboring occupants on the abutting lot. The privacy standard must be met by through one or more of the following techniques: a. Through strategic placement and spacing of the windows on the zero lot line side of the structure/building, by placing ground-floor windows along zero setback property lines above sight lines, or placed where the windows face a wall of the neighboring building, without direct views into adjacent dwelling units and windows. Page 43 of 72 b. Window panes must be designed to provide semi- or complete opaqueness (block glass, stained glass, frosted glass), in order to provide some privacy from direct views into neighboring buildings through the spacing of windows (Figs. 6.14.10.A.2.b). c. All windows located along the zero lot line wall must meet the City’s Building and Fire Department Codes. Figures 6.14.10.A.2.b. Block Glass & Stained Glass Windows B. Fences. Fencing for Zero Lot-Line Development shall be accordance with requirements of Section 9.5.9. Page 44 of 72 SECTION 7. UDC Article 7 “General Provisions”, Section 7.1 Access and Circulation, Subsection 7.1.7 Driveway Design Standards; Section 7.5 Signs, Subsection 7.5.15 Permanent Signs Allowed in the Business and Industrial Districts, Section 7.11 Neighborhood Mixed-Use (NMU) Development Standards; and Section 7.12 Adaptive Reuse Development Standards, Subsection 7.12.1 Purpose is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: § 7.1 Access and Circulation * * * * * 7.1.7.A. Driveway Spacing * * * * * Note 3. Notwithstanding the spacing requirements listed, any property having 300 feet of frontage shall be allowed two driveways. The driveways shall be located in such a manner as to maximize the spacing between the driveways and driveways on adjacent properties. a. Driveway Frequency. The number of non-residential driveway approaches for a given frontage shall comply with the design standards adopted herein and shall not exceed the following frequency: DRIVEWAY FREQUENCY One Driveway Two Driveways LOT FRONTAGE (per Roadway) Up to 94’ of lot frontage 95’ to 300’ of lot frontage b. Minimum Spacing. Minimum spacing between driveway approaches within the same property lines shall be as follows: TYPE OF DRIVEWAY Residential (on a Collector and Arterial Roadways) Non-Residential MINIMUM SPACING 25’ 25’ The minimum spacing between driveway approaches shall be measured as the tangent curb length. Figure 1. * * * * * §7.5 Signs * * * * * 7.5.15 Permanent Signs Allowed in the Business and Industrial Districts Page 45 of 72 The following freestanding and wall signs may be allowed in the business, professional office and industrial districts, including the overlay districts, except to the extent specifically modified by the rules in a particular district. Where the rules for a specific district deviate from these general rules, the specific deviation may be effective in that district, subject to its terms, but the remainder of the general rules in this Section may apply in that district. * * * * * C. Table of Sign Types A sign type listed below is allowed as a permanent sign in any district which contains a “P” in the cell where the district intersects that sign type and prohibited in any district which contains an “NP” in the cell where the district intersects that sign type. Sign types allowed are further limited by height, size and other restrictions included elsewhere in this Section. Table of Sign Types RM -AT ON CN -1 CN -2 CR -3 CR -1 CR -2 CG -1 CG -2 CI CBD BP IL IH RV CC IC Permanent Sign Types Billboard (4) NP NP NP NP NP NP NP NP NP P NP NP P P NP NP NP Canopy or Marquee Sign (2) P P P P P P P P P P P P P P P P P Monument Sign P P P P P P P P P P P P P P P P P Pole Sign NP P P P NP NP NP P P P P P P P P P P Roof Sign NP NP NP NP NP NP NP NP NP NP NP NP NP N NP NP NP Wall Sign (1) P P P P P P P P P P NP P P P P P P Other Characteristics Manual Changeable Copy P P P P P P P P P P P P P P P P P Automatic Changeable Copy (3) P P P P P P P P P P P P P P P P P Whirling, Revolving NP NP NP NP NP NP NP NP NP NP NP NP NP N NP NP NP Page 46 of 72 Noise Producing NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP "P" in a cell means that the sign type or characteristic is allowed in that district, subject to additional dimensional and other standards set forth for individual districts; "NP" in a cell means that the sign type or characteristic is not allowed in that district. NOTES TO TABLE: A. 1. For design standards for wall signs, see Subsection 7.5.3. 2. For design standards for canopy or marquee signs, see Subsection 7.5.9. 3. For design and operating standards for automatic changeable copy signs, see Subsection 7.5.12. 4. For standards for the size, location and replacement of billboards, see Subsection * * * * * §7.11 Neighborhood Mixed-Use (NMU) Development Standards § 7.11 Neighborhood Mixed-Use (NMU) Development Standards 7.11.1. Purpose and Intent. The purpose of the standards for this Section is to provide for a mix of small to medium scale residential uses, with an emphasis on smaller commercial uses, within a multi-modal environment. The intent of these standards is to: A. Allow for different types of compatible land uses close together in appropriate locations to shorten transportation trips and facilitate multi-modal development. B. Encourage infill and redevelopment utilizing commercial, professional office, and residential mixed-use development within surrounding neighborhood uses. C. Allow flexibility in development standards for residential mixed-use buildings that are similar in scale to surrounding residential development while providing storefront-style shopping streets. D. Limit the size of any one commercial retail use to keep the scale of commercial activity appropriate to the surrounding area while providing services to local residential communities. 7.11.2. District Allowances. A Neighborhood Mixed-Use building shall be a permitted use when constructed in the RS-6, RS- 4.5, RS-TH, RS-TF, RM-1, RM-2, RM-3, ON, CN-1, CN-2, CR-2, and CR-3 Zoning Districts in accordance with the standards of this Ordinance. 7.11.3. General Standards. A. Neighborhood Mixed-Use (NMU) development shall be defined for the purpose of this Ordinance as a small scale residential mixed-use development (e.g., a small market, dry Page 47 of 72 cleaner, small retail shop, etc., professional office, in combination with a single-family dwelling unit located above the non- residential use). B. Neighborhood Mixed-Use building must be located on a corner lot and must have frontage and access onto a Arterial or Collector Street, as designated by the City’s Urban Transportation Plan. C. Lots contiguous to corner lots and fronting on an Arterial Street may also be developed for residential mixed uses where the underlying zoning district allows for non-residential uses, and when developed in accordance with this Ordinance (Figs. 7.11.3.C). Figures 7.11.3.C. Contiguous Residential Mixed-Use Buildings. D. Only one Neighborhood Mixed Use building is permitted per block. Two Residential Mixed Use buildings per the same residential block may be permitted, only if the second mixed use proposed offers a non-residential service that is not already present within the same block, and the same nonresidential use is not located within 1/3 mile from the proposed site and use (e.g. only one restaurant, one office, one gift shop, one barber shop per block). E. Residential uses must be located above the nonresidential use, unless the entire unit is constructed as an accessible unit, in which case the residential area of the unit may be constructed behind, and attached to, the non- residential use area with adequate accessible access and parking provided behind the unit (Figs.7.11.3.E). Figures 7.11.3.E. Examples of Residential Mixed-Uses. Page 48 of 72 F. The nonresidential portion of the Neighborhood Mixed Use building may not be divided from the residential area of the building through sale, rent, or leasing. The Neighborhood Mixed Use building shall be considered one unit. G. The non-residential portion of a Neighborhood Mixed Use building may not exceed 50% of the building’s total floor area. H. The minimum size for each residential space in a Neighborhood Mixed Use building shall be 800 square feet. The maximum residential space within the structure must not exceed 1,500 square feet. The maximum floor area of the entire mixed use structure may not exceed 3,000 square feet. Page 49 of 72 I. The mixture of uses shall occur in the same building. The residential use shall not exceed the maximum number of dwelling units which would otherwise be permitted in the zoning district. J. The conversion of any accessory structure to commercial use shall be prohibited. K. Each residential portion of the Neighborhood Mixed Use building shall contain at least one owner, or family member of the owner, or an employee that works onsite for the owner, that resides onsite and operates a business within that unit. L. The entire unit may be leased as one unit, only if the tenant operates the business portion of the building, and lives within the residential portion of the building. M. No more than two additional employees (other than the onsite residents) residing outside of mixed use building may be employed within the business portion of the building per shift. N. Existing residential buildings may be redeveloped as a Neighborhood Mixed Use Building, provided that non-residential portion of the mixed use building is a permitted use listed under Section 7.11.6, and the structure meets the location requirements of this Section, and subject to the remaining standards of this Ordinance. O. Neighborhood mixed-use structures shall be required to meet the City’s Building Codes. P. The non-residential portion of the mixed use building may not be used purely for storage. Storage of supplies may not occupy more than 10% of the non- residential space in the mixed use building. Q. Properties located within an area or subdivision that fall under a Homeowner’s Association or other managing entity must provide a written statement from the managing entity stating that they approve of the proposed Neighborhood Mixed Use development on the proposed site concurrently with the building application. 7.11.4. Minimum and Maximum Requirements. A. Lot Area, Density, and Heights. The minimum lot area, maximum density, and maximum height for a Neighborhood Mixed Use building shall be the same as permitted by the underlying Zoning District. B. Lot Width. The minimum lot width for a Neighborhood Mixed-Use development shall be the same width required by the Zoning District in which the proposed mixed-use development is located. C. A Live-Work unit may be constructed on a nonconforming lot having a minimum width of 24 feet, when constructed in accordance with the Live- Work standards outlined under Section 6.14.7. D. Maximum Impervious Surface Allowance. The entire Neighborhood Mixed Use building footprint may not exceed more than 70% of the entire lot, excluding parking areas. 7.11.5. Setbacks. A. Front Setbacks. 1. New Construction. Page 50 of 72 a. Where a 5 to 10-foot sidewalk is present along an Arterial or Collector Street for a proposed Neighborhood Mixed Use development, the proposed building may have a 0- 10-foot build-to line/front setback measured from the property line. b. Where a sidewalk is not present along an Arterial or Collector Street, a sidewalk must be provided and designed in accordance with the dimensions proposed within the City’s Urban Transportation Plan for the proposed development site and the standards of the American’s with Disabilities Act Standards. The minimum front building (“build-to” line) setback shall then be measured from the property line for a distance of 0 to 10 feet. c. The front yard setback of a proposed residential mixed use building on an interior lot where the district allows for a non- residential use, shall be the average of the setbacks of structures on abutting lots (Fig. 7.11.5.A.1.c). Figure 7.11.5.A.1.c A. A. 2. Existing Structure Remodel. The existing setback of an existing building shall be permitted to remain. The sides of existing porches and stoops may be enclosed only by screens. B. Side and Rear Yards Setbacks. 1. The street side yard shall measure a width of within 1 to 5 feet of the existing depth of the adjacent front yard fronting on the Collector or side street (lot or structure located behind the proposed mixed-use building). 2. The non-street side yard must be a minimum of 5 feet, with exception of Neighborhood Mixed-Use development proposed within the CN-2 Zoning District, in which case a 10-foot side yard shall be required if a mixed-use development is proposed within or adjacent to a residential district. Page 51 of 72 7.11.6. Permitted Commercial, Professional Office, and Civic Uses. A. The following non-residential uses shall be permitted within a Neighborhood Mixed-Use development: Table 7.11.6.A Neighborhood Mixed Use (NMU) Non-Residential Permitted Uses Adult Day-Care Centers Art Studios, Artists and Artisans, Associated retail sales (excluding tattoo parlors) Bakeries, Patisseries, Chocolates, are allowed when the primary use is Retail Sales and Services Beautician Salons & Barbers (excluding nail care) Bed & Breakfast Home (no allowance for special events) Bicycle Sales and Rentals Cafes and Bistros (no alcohol sales, unless permitted by district) Child Day Care Centers Civic/Government Office Uses Computer Software and Multimedia Related Professionals Drycleaners (drop-off, pick-up only, no drive-thru) Farmers Market Retail Stand Fashion, Graphic, Interior and Other Designers Florist Home Occupations Ice Cream Parlors Laundromats Mail & Packaging Centers Neighborhood Market (no fueling sales) Neighborhood Pharmacy Non-Medical Offices Nutritional Sales Physical Fitness Gyms, Dance, Martial Arts Studios Professional Services (including, attorneys, accountants, insurance sales, barbers, travel agency, consultant firms, engineers, architectural firms, and similar uses) Real Estate Offices Repair & Sales/Services, conducted entirely within a building; (computer, plumbing, locksmith, shoe repair, but not including auto repair, detailing, tire service, auto body painting, or similar automotive or truck uses) Restaurants, Food & Beverage Service, (sit-down or take-out services permitted, alcohol service only where district permits, no drive-throughs) Page 52 of 72 Table 7.11.6.A Neighborhood Mixed Use (NMU) Non-Residential Permitted Uses Retail Sales, including Boutiques, Delicatessens, Video/Game Rentals, Cell Phone Sales, Musical Instrument Sales/Repair, Fruit & Vegetable Sales, Automotive Parts (no service of vehicles or bays onsite), Crafts, Hardware, Home Décor, News & Books, Jewelry/Repair & Sales, Sporting Goods, Optical, Office Supplies, Greeting Cards, Antiques School Tutoring Services Tailor/Seamstress/Dressmaking Senior Activity Centers 7.11.7. Design Standards. A. Ground level non-residential uses shall provide large display windows along a minimum of 40% of their horizontal length (black, mirrored, or other opaque surfaces cannot be used). Display windows shall be transparent to the extent that the window allows views into and out of the interior. B. Display windows and doors should be framed/trimmed. C. At no time shall building windows fronting or within view of a public street be boarded up, except in cases of weather emergency preparation. D. No permanently installed burglar bars shall be visible from any public street. The ground floor nonresidential portion of a Neighborhood Mixed Use building may install fully retractable metal security screening or storm shutters that secure windows and doors when the nonresidential portion of the mixed use building is not open for business, and must not be visible during business hours (Figs. 7.11.7.D). Figures 7.11.7.D. Permitted Security Screening. Page 53 of 72 Figures 7.11.7.D. Permitted Security Screening. E. All buildings with a flat roof should have a decorative cornice at the top of the building; or eaves when the building is designed with a pitched roof. F. The principal entrance of the Neighborhood Mixed Use building shall be oriented toward the street. G. The nonresidential and residential uses within the same structure shall be permitted to share a common principal entrance within a Neighborhood Mixed Use. H. There shall be no outside display of goods and/or services unless a 10-foot sidewalk width is provided, and any display or service does not encroach upon the required 5-foot pedestrian Clear Zone of the sidewalk. (A Use Privilege Agreement and fee may be required by the City). 7.11.8. Sidewalks. A. Sidewalks must be provided along all Arterial and Collector Streets for all Neighborhood Mixed Use buildings, and constructed in accordance with the American’s with Disabilities Act Standards. B. If an existing structure located along an Arterial or Collector Street is being remodeled as a Neighborhood Mixed Use, an accessible sidewalk must be present or constructed along the street front. C. The sidewalk width must be constructed in accordance with the width dimensions proposed within the City’s Urban Transportation Plan for the site. 7.11.9. Access. A. Where access is currently available to a proposed Neighborhood Mixed Use development site the access shall be permitted to remain, provided that the parking location requirements of Section 7.11.10 below are met. Page 54 of 72 B. Drive-in/through facilities shall be prohibited within a Neighborhood Mixed Use development. 7.11.10. Parking A. Parking for a residential mixed-use project is only permitted in the non-street yard side or rear yard of the mixed use structure. B. Although the Neighborhood Mixed Use building requires direct pedestrian access from the principal entrance to the public sidewalk and parking area in accordance with the American’s with Disabilities Act Standards, may be provided in the rear or non-street yard side of the building. C. On corner lots, parking shall not be allowed in the area extending from the property line to a line which is parallel to the front facade of the principal structures on the abutting lots, not to exceed 25 feet in depth (Fig. 7.11.10.C) Figure 7.11.10.C. D. There shall be a minimum of two and a maximum of three parking spaces for the non-residential portion of the mixed use building, plus a minimum of one off-street parking space, with a maximum of two off-street parking spaces for the residential portion of the mixed use building. 7.11.11. Streetscape Zone A. A full Streetscape Zone shall not be required for a Neighborhood Mixed Use building; however, flower planters or window boxes must be provided to promote an inviting pedestrian atmosphere (Figs 7.11.11.A). Page 55 of 72 Figures 7.11.11.A B. Fencing and Screening. It is the intent of this Ordinance that the non- residential use within the Neighborhood Mixed Use is compatible with the existing and adjacent residential neighborhoods, therefore a solid screening fence shall not be required between a residential mixed use building and adjacent residential structures and districts; however, vehicular screening shall be provided utilizing one of the following methods for each parking location: 1. Rear Yard. Vehicular screening shall not be required for parking areas located behind the structure, but must be provided along the rear property line where a residential home exists adjacent to the proposed mixed use building. Screening shall be provided through one of the following methods: a. Dense landscaping shrubs or hedges (minimum 3 gallon container) that shall be maintained to a height of from 5 feet to 6 feet, as measured from the elevation of the vehicular use area b. A solid fence measuring no less than 5 feet and no greater than 7 feet in height. 2. Non-Street Side Yard. Parking located within the non-street side yard must be screened from the public right-of-way through one or more of the following methods: a. Hedges (minimum 3 gallon container) that shall be maintained to a height of from 24 to 36 inches as measured from the elevation of the vehicular use area b. A solid decorative wall not less than 3 feet in height, and not exceeding 4 feet in height. 3. Fencing of any type shall not be permitted along the front property line or along an Arterial or Collector Street; however, decorative iron fences no greater than 5 feet in height and providing 50% or more transparency are acceptable, excluding chain-link fencing. Page 56 of 72 4. Fencing may not intrude upon, or open onto, any portion of the pedestrian sidewalk. C. Awnings are permitted and encouraged in accordance with Section 6.13.1.D. D. Signs. Signs for a neighborhood mixed use shall be permitted and limited to the following options: 1. Attached, commercially-prepared painted wall signs not exceeding 32 square feet in area may be mounted on a building wall, only one sign shall be permitted per building wall/façade. All wall signs must be attached flat against the wall of the building. 2. Address signs not exceeding 2 square feet in area. 3. Non-illuminated sandwich board signs or A-frame signs, provided they are not located within the 5-foot Pedestrian Clear Zone along a sidewalk. 4. Hanging and wall-mounted blade signs not exceeding 4 square feet in area, provided that the signs shall not project more than 4 feet from the building or one-third of the sidewalk width, whichever is less. Page 57 of 72 5. All signs shall meet a minimum vertical clearance of 7 feet. E. Lighting. Lighting provided for the structure shall not be directed at the neighboring residential uses and shall be shielded from spillover. F. Solid Waste Disposal. All solid waste materials shall be kept in residential waste containers behind the mixed use building. Dumpsters are not permitted onsite. G. Accessory structures onsite are not permitted to be used for commercial purposes. H. Outdoor displays and storage other than vegetation planters shall not be permitted onsite. 7.11.12. Hours of Operation. Businesses within a mixed-use must provide reasonable hours of operation that are compatible with the neighboring residential uses. Hours of operation are limited to 7:00 a.m. to 9:00 p.m. daily. §7.12 Adaptive Reuse Development Standards 7.12.1 Purpose. The purpose of the Adaptive Reuse Development Standards is to revitalize areas of the City’s downtown areasdistricts (and any other pre-determined or targeted area) by facilitating the conversion of older, economically distressed, or historically significant buildings consisting of residential or tourist uses mixed with Commercial, Professional Office, Civic uses, including apartments, Live-Work units, multiple-family residences, and tourist-based facilities. This will help to reduce vacant space as well as encourage the development of a diverseresidential community downtown and rehabilitate buildings within once thriving culturally significant areas of the City other blighted areas of the City, thus creating a more balanced ratio between housing and jobs in the region’s primary employment centers. Rehabilitation (Historic) is defined as encompassing all construction work classified by the US Page 58 of 72 census as “alterations”, such as façade construction, major roof repair, or room alterations. * * * * * SECTION 8. UDC Article 8 “General Provisions”, Section 8.2 Design Standards, Subsections 8.2.1 Streets and 8.2.2 Sidewalks; Section 8.4 City Participation in Streets and Drainage Crossings, Subsection 8.4.1 Streets; and Section 8.5 Trust Fund Policy, Subsections 8.5.1 Water Trust Fund, 8.5.2 Wastewater Trust Fund and 8.5.3 Stormwater Trust Fund is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: §8.2 Design Standards * * * * * 8.2.1. Streets All streets shall, at a minimum, be designed and installed in accordance with the Comprehensive Plan, applicable area development and master plans, the approved Mobility Plan, and the Design Standards. 1. Streets shall be designed for a 30-year life in accordance with the American Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures (“the AASHTO Design Guide”) 1993 Edition and supplements, unless a later edition of the AASHTO Design Guide is required by the Design Standards under the latest edition of the Infrastructure Design Manual and supplements. 2. Streets shall be designed and installed in accordance with the approved Mobility Plan. 3. Streets shall be designed and installed to meet the requirements of the Design Standards. 4. In the event of any conflicts between the Design Standards and any edition or supplement to the AASHTO Design Guide, the Design Standards prevail. 5. Where the required street improvements are encompassed entirely within the proposed development, the developer will be considered responsible for the entire width of street improvements, up to and including that of a residential collector. * * * * * 8.2.1.K. Off-site Improvements 1. Where any street forms part of the boundary of a subdivision and some part of the width of said street has been dedicated or committed to dedication, the developer shall be required to dedicate such additional land necessary to provide one-half of the street width required in the Urban Transportation Plan. 2. Where the required street improvements are not encompassed entirely within the proposed development, the developer will be considered responsible for one-half of the width of street improvements, up to and including those required for a residential collector. Page 59 of 72 8.2.2. Sidewalks * * * * * B. Waivers Exceptions for Required Sidewalk Improvements 1. A waiver may be granted by the Planning Commission to the standard in paragraph 8.2.2.A in accordance with paragraph 3.8.3.D. and only when the following conditions are satisfied: 1. Sidewalks shall not be required along each side of a street right-of-way where such street is a permanent dead-end street and where there is pedestrian access from the permanent dead-end street to a paved hike and bike trail. In such instance, a sidewalk only shall be required on one side of the street right-of-way. 2. Sidewalks shall not be required along street rights-of-way where each lot fronting on such street has direct access from the side or rear to a paved hike and bike trail. 3. Sidewalks shall not be required for residential subdivisions in the Farm- Rural and Residential Estate zoning districts. 4. Sidewalks adjacent to private streets may be allowed to be placed on only one side of the street if the sidewalk width is 6 feet or greater and approved by the Assistant City Manager of Development Services. C. Administrative Exceptions for Sidewalk Improvements An administrative exception may be granted to the standard in paragraph 8.2.2.A only when the following conditions are met: 1. Sidewalks shall not be required along each side of a street right-of-way where such street is a permanent dead-end street and where there is pedestrian access from the permanent dead-end street to a paved hike and bike trail. In such instance, a sidewalk only shall be required on one side of the street right-of-way, or 2. Sidewalks shall not be required along street rights-of-way where each lot fronting on such street has direct access from the side or rear to a paved hike and bike trail, or 3. The lot is a minimum of 22,000 square feet and zoned Farm Rural or, Residential Estate, or 4. Sidewalks adjacent to private streets may be allowed to be placed on only one side of the street if the sidewalk width is 6 feet or greater, or 5. Sidewalk construction is not required if all the following conditions are met: a. The lot does not front on, and is not adjacent to, a right-of-way, street, alignment, or corridor that is designated on: i. The Urban Transportation Plan (UTP) of Thoroughfare Plan, or has a right-of-way width greater than 50 feet, or ii. the MobilityCCPlan, including the Trails Master Plan (HikeBikeCC) and the ADA Master Plan, or- Page 60 of 72 iii. the Corpus Christi Metropolitan Planning Organization’s (MPO) Strategic Plan for Active Mobility, or iv. any other plan that designates sidewalks or active transportation improvements; b. The lot is zoned Farm Rural, Residential Estate or Single-Family Residential RS-4.5, RS-6, RS-10, RS-15, RS-22, or Single Family Residential Two Family (RS-TF); c. There are no existing or planned sidewalks on adjacent lots; d. At least 75% of the block face (lots fronting on the same side of the street as the subject plat) is improved, as measured by the number of lots, or, by the linear footage of the block face, and does not have sidewalks. * * * * * §8.4 City Participation in Streets and Drainage Crossings 8.4.1. Streets A. All Streets 1. City participation funds may be used to fund street projects and ROW or other improvements. City participation will be limited to a 30 percent reimbursement rate for the construction of improvements. The oversizing of improvements, at the request of the City, may be eligible for a reimbursement rate not exceed 100 percent of the cost for the required oversizing as outlined in this section. Where the Urban Transportation Plan or project specific traffic analyses indicate the need to construct new streets or reconstruct existing streets to a level higher than that of a residential collector, the City may pay additional construction costs with regard to right of way dedication, pavement thickness and street width greater than those of a minor residential collector street cross-section, provided that all of the following conditions are satisfied: 12. Participation shall comply with Texas Local Government Code §212.071 et seq. 3. The developer shall submit the Public Improvement Package to Development Services for review and acceptance. 24. The developer shall submit a reimbursement infrastructure participation application, including all cost-supporting documentation, to the Assistant City Manager of Development Services before approval of the construction plans; 35. No reimbursement shall be made unless, before any construction begins, the reimbursement application and an The infrastructure participation agreement must be have been approved by the City Council after certification that the necessary reimbursement money is fully available as required by Texas Constitution, Article 11, § 5 and City Charter, Article IV, § 7; before any construction begins; 6. The Developer/Owner shall, before the agreement is executed by the City, furnish a Page 61 of 72 performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. 1. The reimbursement shall be made available after the City Council approves the reimbursement; 2. No construction shall begin until the Assistant City Manager of Development Services has approved the construction plans in accordance with Subsection 3.8.4; and 3. Where the required street improvements are encompassed entirely within the proposed development, the developer will be considered responsible for the entire width of street improvements, up to and including that of a residential collector. B. Off-Site Improvements 1. Where any street forms part of the boundary of a subdivision and some part of the width of said street has been dedicated or committed to dedication, the developer shall be required to dedicate such additional land necessary to provide one-half of the street width required in the Urban Transportation Plan. 2. Where the required street improvements are not encompassed entirely within the proposed development, the developer will be considered responsible for one-half of the width of street improvements, up to and including those required for a residential collector. C B. Drainage Crossings Where crossings over drainage ways are necessary, the developer shall be required to construct the crossings at its expense if the ultimate bottom width of the drainage way does not exceed 15 feet. If two or more developers own property adjacent to the drainage way, they shall deposit an equal share of the estimated cost of the bridge or crossing. The crossing shall be constructed when all developers involved have deposited their share of the money for the construction. The City shall participate in the cost of construction of any drainage way crossing if the ultimate bottom width of the drainage way exceeds 15 feet, the side slope is approved by the Assistant City Manager of Development Services and the following conditions are satisfied: 1. Before construction begins, available funds shall be appropriated and certified and the City Council shall authorize an infrastructure participation agreement. 2. Participation shall comply with Texas Local Government Code §212.071 et seq. The participation shall be an amount determined by multiplying a fraction comprised of the ultimate bottom width less 15 feet divided by the ultimate bottom width and the applicable construction costs. The City shall not under any condition participate in the cost of construction of any drainage way crossing if the ultimate bottom width of the drainage way is 15 feet or less; nor will the City participate in an amount greater than the amount determined by the above formula if the property on one side is an existing street or any other public property; nor will the City participate if the bridge is located outside the City limits. In estimating the total cost of construction for bridge crossings, the plans shall include the structure, headwalls, retaining walls, embankments, roadways, pavement, curbs and gutter, Page 62 of 72 sidewalk, railing and related drainage structures, testing and engineering and related project expenses within the drainage right-of-way excluding 10 feet of improvements on each outside edge of the right-of-way. 3. All engineering work shall be performed by the developer’s Texas licensed professional engineer and approved by the Assistant City Manager of Development Services. Participation by the City shall be limited to the total costs (inclusive of engineering fees) for the improvements required by the City. Anything in excess or more elaborate than the City’s requirements will be at the developer’s sole expense. C. Other Public Improvements Other public improvements may be considered for funding if they are consistent with the comprehensive plan or utility master plans and implement city initiatives including but not limited to incentivizing affordable or work force housing, walkable communities, mixed use projects in an area development plan designated for mixed use development, redevelopment of vacant buildings; streetscape enhancements along UTP streets, and rehabilitation of buildings with local, state or national historic designations. §8.5 Trust Fund Policy 8.5.1 Water Trust Fund 8.5.1.A. Purpose The purposes of the Water Trust Fund are: 1. To encourage the orderly development of subdivisions within and surrounding the City; 2. To establish an equitable system of spreading the cost of water line extensions required for development pursuant to the Water Master Plan; 3. To establish an equitable system that can be effected by the establishment of trust funds to be administered by the City for the purpose of carrying out orderly water line extensions; and 4. To establish a system of credits and reimbursements for developer- installed water line extensions meeting the Water Master Plan when the developer is a non-taxing entity that is contributing acreage or lot fees under this Unified Development Code. Water infrastructure funded by Tax Increment Financing, Special Assessment District, or other public financing is ineligible for water trust fund reimbursement, unless approved by City Council. 5. The Developer/Owner shall, before the agreement is executed by the City, furnish a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Page 63 of 72 Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. 6. In order to request funds for reimbursement from the Trust Funds a reimbursement agreement application shall be submitted and include the following: planning commission approved plat, public improvement plans, cost estimate, application fee, and must be deemed complete before a date for City Council consideration will be scheduled. 7. City Council may, after a public hearing, transfer, monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Water trust funds may be transferred to water or wastewater trust funds. 8. Once every two years, City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust funds, and may, after a public hearing, adopt a new schedule of fees and charges. 9. Once every two years or as requested, City staff shall brief City Council on the fiscal status of the Trust Funds. * * * * * 8.5.1.C. Credits and Reimbursements * * * * * 2. Distribution Main Extensions When a subdivision, single lot, or tract is developed within an existing grid or in the adjacent grid area, but is not adjacent to the grid main, the extension of a water line may be made to serve the property either by the City or the developer if such extension is necessary to meet the Water Distribution System Standards. The maximum extension shall be limited to one- half mile (2,640 feet). or, Iif the fee value of the property does not equal 50% of the off-site extension cost, the extension will not be made unless the developer provides the difference between the fee value and up to 50% of the off-site extension cost, which difference shall be non-reimbursable. * * * * * 4. Review of Funds The City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Water trust funds may be transferred to water trust funds or wastewater trust funds. Once every two years, the City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust fund and may, after a public hearing, adopt a new schedule of fees and charges. 45. Exemptions Page 64 of 72 * * * * * 56. Exemption for Certain Padre Island Properties * * * * * 8.5.2 Wastewater Trust Fund 8.5.2.A. Purpose The purposes of the Wastewater Trust Fund are: 1. To encourage the orderly development of subdivisions within and surrounding the City; 2. To establish an equitable system of spreading the cost of wastewater line extensions required for development pursuant to the Wastewater Master Plan; 3. To establish an equitable system that can be effected by the establishment of trust funds to be administered by the City for the purpose of carrying out orderly wastewater line extensions; and 4. To establish a system of credits and reimbursements for developer- installed wastewater line extensions meeting the Wastewater Master Plan when the developer is a non-taxing entity that is contributing acreage or lot fees under this Unified Development Code. Wastewater infrastructure funded by Tax Increment Financing, Special Assessment District, or other public financing is ineligible for wastewater trust fund reimbursement, unless approved by City Council. 5. The Developer/Owner shall, before the agreement is executed by the City, furnish a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. 6. In order to request funds for reimbursement from the Trust Funds a reimbursement agreement application shall be submitted and include the following: planning commission approved plat, public improvement plans, cost estimate, application fee, and must be deemed complete before a date for City Council consideration will be scheduled. 7. City Council may, after a public hearing, transfer, monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Wastewater trust funds may be transferred to water or wastewater trust funds. 8. Once every two years, City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust funds, and may, after a public hearing, adopt a new schedule of fees and charges. 9. Once every two years or as requested, City staff shall brief City Council on the fiscal status of the Trust Funds. * * * * * Page 65 of 72 8.5.2.E. Credits and Reimbursements 1. Wastewater Trunk Line Extensions In the event the trunk line system is not in place when required for development, the developer may install that portion of the trunk line system necessary to meet the established design standards. * * * * * e. Deferred Reimbursement If the developer is owed funds from the Wastewater Trunk System Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the wastewater trunk line for which the credit was given, and an extension of the trunk line was not required to serve the land. * * * * * 2. Collection Line Extensions When a subdivision, single lot, or tract is developed within an area where the Assistant City Manager of Development Services has determined that a collection line will serve such area, the extension of a collection line may be made to serve such property either by the City or the developer. Maximum developer reimbursement will be limitedfor such off-site extensions to 50%.of the mathematical product obtained by multiplying the off-site average pipe diameter in inches by the acreage or lot fee value of the property of the off-site extension cost. * * * * * e. Deferred Reimbursements If developer is owed funds from the Collection Line Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, subsequent lot or acreage fee credits from subsequent final plats filed with the County Clerk, which lands are within or contiguous to the boundaries of the preliminary plat of the originally developed property and which will be served by the wastewater collection line for which the original credit was given but will not be served by any trunk or collection line extension, may be credited to the outstanding amounts owed to the developer by the Collection Line Trust Fund until the total amount owed has been paid regardless of the order reimbursement. * * * * * Page 66 of 72 3. Wastewater Trunk Force Main Extensions If a trunk force main system is not in place when required for development, the developer may install that portion of the trunk force main system necessary to meet currently adopted Wastewater standards and shall comply with the current adopted Wastewater Master Plan * * * * * e. Deferred Reimbursement If the developer is owed funds from the Wastewater Trunk System Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the trunk force main for which the credit was given, and an extension of the trunk force main was not required to serve the land. * * * * * 4. Wastewater Lift Station Installations If a wastewater lift station is not in place or one that is in place is inadequate when required for development, the developer may install or upgrade the lift station to meet adopted City wastewater standards. * * * * * e. Deferred Reimbursement If the developer is owed funds from the Wastewater Trunk System Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land is served by the lift station for which the credit was given, a new lift station additional trunk line extension was not required to serve the land, and the new development Page 67 of 72 did not require the modification or expansion of the lift station serving the land. * * * * * 8.5.2.I. Review of Funds The City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Wastewater trust funds may be transferred to wastewater trust funds or water trust funds. Once every two years, the City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust funds, and may, after a public hearing, adopt a new schedule of fees and charges. 8.5.3 Stormwater Trust Fund 8.5.3.A. Purpose The purposes of the Storm Water Trust Fund are: 1.To encourage the orderly development of subdivisions within and surrounding the City; 2.To establish an equitable system of spreading the cost of storm water collector extensions required for development pursuant to the Storm Water Master Plan; 3.To establish an equitable system that can be effected by the establishment of trust funds to be administered by the City for the purpose of carrying out orderly storm water collector extensions; and 4.To establish a system of credits and reimbursements for developer- installed storm water collector extensions meeting the Storm Water Master Plan when the developer is a non- taxing entity that is contributing acreage or lot fees under this Unified Development Code. 8.5.3.B. Payment of Fees 1.Before any unit of a subdivision, or single-lot, or tract is completed and the final plat recorded, the lot or acreage fee, whichever is greater, shall be paid prior to the subdivision plat being recorded. 2.Lot, acreage, and surcharge fees will be deposited into the Storm Water Collector Trust Fund for use in over-sizing and constructing storm water collectors, and reimbursing developers for constructing storm water collectors. 3.All fees and charges will be indexed to the August Construction Index published in the Engineering News Record and adjusted September 1 each year. 8.5.3.C. Credits and Reimbursements 1.Storm Water Collector Extensions Page 68 of 72 In the event the storm water collector is not in place when required for development, prior to final plat recordation the developer shall install that portion of the storm water collector necessary to meet the Storm Water Master Plan. 2.Credits If the developer installs the storm water collector, the developer shall be credited for the actual installation cost up to the amount of his lot or acreage fee, provided an application for credit, including all cost- supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of such collection main and is approved. 3.Reimbursement If the developer installs the storm water collector and the developer’s cost for installation is greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Storm Water Collector Trust Fund for that portion of the storm water collector installed by the developer. Provided, however, in order to be reimbursed as set forth in this subsection: a.The developer shall submit an application before developer starts construction. b.If the location or size of the developer’s proposed storm water collector is not consistent with the City’s Storm Water Master Plan for the drainage basin, the developer’s application for reimbursement may not be considered until an amendment to the Storm Water Master Plan has been approved by the City Council. The developer shall prepare and submit a draft amendment to the Storm Water Master Plan to the Assistant City Manager of Development Services if such is required. If the Assistant City Manager of Development Services approves the proposed amendment, the amendment shall be submitted to the Planning Commission for its recommendation and to the City Council for consideration. 4.Plan Amendments and Submission Requirements The submissions for draft amendments to the Storm Water Master Plan shall address the current availability of related infrastructure (including water and wastewater service and roads constructed to the standards in the Urban Transportation Plan) at the site of the proposed development and all tracts of land that will be served by the proposed storm water collector. The draft amendment to the applicable Storm Water Master Plan should contain a recommended sequencing of construction of related storm water major drainage channels and storm water collector systems. 5.Payment and Priority of Reimbursement Page 69 of 72 A storm water collector construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are available in and appropriated from the Storm Water Collector Trust Fund. The order of reimbursement will be determined according to the date the storm water collector system construction and reimbursement agreement is approved by the City Council. 6.Deferred Reimbursement If an developer is owed funds from the Storm Water Collector Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk, and the amounts credited will be deducted from the outstanding amounts owed to the developer by the Storm Water Collector Trust Fund until the total amount owed has been paid, if the following conditions are met: a.The lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property; 8.5.3.D. The land will be served by the storm water collector for which the credit was given; and c. An extension of the storm water collector was not required to serve the land.Review of Funds Once every two years, the City Council shall review the adequacy of all fees and charges established in Subsection 8.5.3.B and the sufficiency of the Storm Water Collector Trust Fund and may, after a public hearing, adopt a new schedule of fees and charges. 8.5.3.E. Exemptions The following categories of property are exempt from the lot or acreage fees of this Section: 1.When the lot or acreage fees have been paid through platting for property and such property for which fees have been paid is replatted, an additional lot or acreage fee will not be paid except that, if at the time of replatting, the land use has changed to where the higher lot or acreage fee applies, the developer will then pay the City the difference in such higher and lower fee rate. 2.Government subdivisions, being defined as federal, state, county, or municipal entities and their subsidiary or affiliate corporations, whose operation is funded by collection of taxes, including sales tax, property tax, income tax, and other forms of taxes as may be established and accessed by such government subdivisions, shall be exempt from payment of acreage fees and surcharge fees described herein. Entities exempt from payment of said fees shall be prohibited from receiving reimbursement from any fund established as a depository of such fees. 8.5.34. Replatted Property * * * * * Page 70 of 72 SECTION 9. UDC Article 9 “General Provisions”, Section 9.2 Nonconforming Uses, Subsection 9.2.1 Compliance for Nonconforming Uses; Section 9.4 Nonconforming Improvements or Structures, Subsection 9.4.2 Government Acquisition is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: §9.2 Nonconforming Uses A nonconforming use is a land use that, at the effective date of this Unified Development Code or as a result of amendments to this Code, does not meet the standards of this Code. In addition, a use requiring a special permit but lacking such permit shall be deemed a nonconforming use. 9.2.1. Compliance for Nonconforming Uses Except as otherwise provided herein, a nonconforming use may be continued subsequent to the effective date of this Unified Development Code provided that such continuation is in accordance with the provisions of this Article and all other applicable codes of the City necessary to ensure adequate protection and safety of adjacent property and the users and occupants of the nonconforming use. The right to operate a nonconforming use, however, shall cease and such use shall conform to the provisions of this Unified Development Code under any of the following circumstances: * * * * * E. Exceptions for single- or two-family residential uses: 1. Structures that are receiving Disaster Federal grant funding for repair or reconstruction shall maintain nonconforming use. 2. After a declared natural disaster, projects utilizing private funding may be considered administratively after submission and proof of damage from natural disaster may be required. 3. Structures utilizing grant funding through the City of Corpus Christi, Housing and Community Development, may be eligible for an administrative decision. * * * * * §9.4 Nonconforming Improvements or Structures * * * * * Page 71 of 72 9.4.2. Government Acquisition Where a lot is occupied by a lawful structure, and where government acquisition of right-of- way, by eminent domain, dedication or purchase creates noncompliance of the structure regarding the development standards in Article 4, the structure shall be deemed a conforming structure. In the event a nonconforming structure, regardless of ownership or acquisition, that such structure is partially or totally destroyed by natural or accidental causes, the structure may be rebuilt in its original location upon issuance of a building permit in accordance with Section 3.18. This does not waive, relieve, or alter the Owners responsibility to comply with the Flood Hazard Prevention Code or International Code Council (ICC) construction codes adopted by the City of Corpus Christi at the time of permitting. * * * * * SECTION 10. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 11. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC and Section 1-6 of the Corpus Christi Code of Ordinances SECTION 12. 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 13. This ordinance shall become effective upon publication. Page 72 of 72 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 City Council Presentation February 9, 2021 UDC 2020 Code Cycle Text Amendments 1 2020 Code Cycle 2 •Code Cycle opened on January 1, 2020 and closed on June 1, 2020 –60 Proposed amendments were received •Development Services Technical Advisory Group discussed submitted proposed amendments from March - September –53 Amendments were discussed with DSTAG •42 proposed required a UDC amendment •5 proposed did not require an amendment •13 Amendments will be discussed in 2021 Editing/Clarifying 3 12 Amendments are categorized as Editing/Clarifying Editing/Clarifying amendments are changes that remove redundant and conflicting language or provide additional clarification for an adopted standard without requiring a change in current policy. Amendments include: •Removing conflicting language between the UDC and the Code of Ordinances •Removing specific local, State and Federal code citations •Combining sections to remove redundancy and streamline the Code Minor Edits 4 4 Amendments are categorized as Minor Edits Minor edits are changes that change the intent of the Code without a change in policy. Amendments include: •Appeals to be considered by the Assistant City Manager of Development Services prior to City Council for Proportionality of Municipal Infrastructure Cost •Consolidating uses •Incentivizing development of distressed historic buildings: •Adaptive Reuse •Certificate of Appropriateness •Revising and clarifying definitions Policy Change 5 26 Amendments are categorized as Policy Change Policy Change amendments are changes that change the intent of the Code and require a change in policy. Amendments include: •Appeal/Administrative exemptions •Allow for administrative exemptions for sidewalks •Promoting public safety •Revise current language to be consentient with the International Residential Code to disallow eaves in easements. •Promote proper driveway spacing, visibility trainable and limit mid-block obstructions •Require canopy trees with a minimum caliper of 2.5 inches every 30 linear feet of frontage on an arterial or collector street right-of-way and the principal building in Mixed-Use Development. •Trust Funds •Add language to Water and Wastewater trust funds to be consentient with the Texas Local Government Code and simplify the reimbursement calculations •Remove Stormwater trust fund Policy Change Continued 6 •Accessory/Lots •Reduce side yard setbacks for non-habitable accessory •5-feet for detached non-habitable structures without residential use in RE •Increase the allowable detached accessory dwelling units: •1000 maximum total square footage of habitable space for FR, RE and RS-22 •800 maximum total square footage for RS-15 and RS-10 •500 maximum total square footage for RS-6 and RS-4.5, with the exception that lots over 10,000 square feet may allow for a maximum of 800 total square footage. •Reduce lot size/setbacks: •Minimum lot width •RE from 150 to 100 •RS-22 from 100 to 75 •RS-10 from 80 to 50 •Side yard setback •RE (single) from 25 to 15 •RE (total) from 50 to 30 Policy Change Continued 7 •Facilitating development and redevelopment •Provide an exemption for existing non-conforming lots to remain non-conforming after a natural disaster or when utilizing local, State or Federal funding for the reconstruction or rehabilitation •Remove zero lot line development from the UDC •Provide density bonuses for low impact development and improved parking in Mixed-Use Development •Reduce parking requirements for utilizing low impact development features •Allow for a reduction in parking by utilizing cross access agreements or easements and short-term bike parking spaces (bike racks) and/or long-term bike parking spaces (bike storage lockers). •Encourage alternatives to demolition for Historic properties by extending the maximum allowed days for: •Stay of demolition from 120 to 365 days •Driveway approaches from 60 to 365 days •“Removal or Amendment of Historic Designation” a permit for commercial parking use or a driveway approach may be considered for a period up to 365 days after City Council final action to remove a historic layer. 2021 Consideration 8 In 2021, Development Services will move forward with discussion and consideration for following amendments: •Park and Community Enrichment Fees •Traffic Signal Placement •Restructure Zoning Districts •Landscaping/Tree Ordinance •Parking Ratios •Streets/Update Traffic Impact Analysis (TIA) Requirements •Wastewater Exemption •Signs Outreach 9 •Development Services Technical Advisory Group –Created to vet proposed amendments with Development Services and provide agreeable amendments to be considered for adoption. –Group consistent of representatives from Planning Commission, Residential and Commercial Builders, Property Owner Association, Insurance and Real Estate Industry, Various design professionals. –Meeting Dates: •Coastal Bend Home Builders Association- December 4, 2020 •Associated General Contractors – November •UDC Focus Group •Posted for Public Comment •03/02/2020 •06/08/2020 •06/29/2020 •08/03/2020 •08/24/2020 •09/14/2020 10 Questions? DATE: January 15, 2021 TO: Peter Zanoni, City Manager peterz@cctexas.com 361-826-3220 FROM: Daniel McGinn, AICP, Director of Planning and ESI Danielmc@cctexas.com 361-826-7011 CAPTION: Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deleting a portion of Wildcat Drive from County Road 52 North to an un-named East to West Collector Roadway; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. SUMMARY: Munoz Engineering has requested the deletion of Wildcat Drive from County Road 52 North to an un-named East to West Collector Roadway. This request is associated with the future development of two tracts (15.637 ac & 3.259 ac) located between IH-69 and the Western boundary of the assumed Wildcat Drive thus containing the subject segment of Wildcat Drive. BACKGROUND AND FINDINGS: The segment of Wildcat Drive; whose removal is being requested is categorized as a C1 – Minor Collector. The Collector Street type collects and distributes traffic to and from local streets, other collectors, arterials, and freeway frontage roads. The function of this street type is to “collect” neighborhood traffic and strategically direct the traffic to the arterial grid system. However, the Collector Street system should not create high speed “short cuts” through residential neighborhoods. The ideal collector street intersection spacing between arterials is 0.25 to 0.50 miles apart. On-street parking and direct access to homes from this street type is discouraged. The developer requesting the deletion has also provided a preliminary plat for the subject property showing two internal roads which will provide connection between County Road 52 and Proposed Urban Transportation Plan Amendment – Deletion of Wildcat Drive from County Road 52 North to an un-named East to West Collector Roadway. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 9, 2021 Second Reading for the City Council Meeting of February 16, 2021 the un-named east to west C1 roadway. The current UTP provides no continued C1 roadway running south of County Road 52 at the location of the proposed deleted road. The perceived benefit of Wildcat Drive in the subject area, is assumed to be the transport of vehicular traffic north to south from County Road 52 to Northwest Boulevard. This ultimate goal is hampered by the existing development pattern along Northwest Boulevard. The existing intersection of Northwest Boulevard and Wildcat Drive would require that an extension of Wildcat to the South be constructed in the area between the Corpus Christi Medical Center – Northwest and a Chick-fil-a restaurant. This area is already occupied by a driveway which services both the Hospital and Chick-fil-a. ALTERNATIVES: No alternatives were considered for this request. FISCAL IMPACT: There is no financial/fiscal impact associated with this ordinance. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the request to remove this portion of the (C1) Minor Collector. The Transportation Advisory Committee and Planning Commission have both recommended the approval of this amendment to delete this portion of Wildcat Drive. LIST OF SUPPORTING DOCUMENTS: Exhibit Map: Wildcat Drive Area Map Applicant Request for UTP amendment Presentation Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deleting a portion of Wildcat Drive from County Road 52 North to an un-named East to West Collector Roadway; amending related elements of the Comprehensive Plan of the City; and providing for publication. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to be heard; WHEREAS, City Council held a public hearing, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Urban Transportation Plan map of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the “Comprehensive Plan”), is amended by deleting a portion of Wildcat Drive from County Road 52 North to an un- named East to West Collector Roadway, as shown on Exhibits “A,” "B" and "C" which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City’s official publication as required by the City’s Charter. 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 DDDDDDDDDDDDDDDDDDDDDDDDDDDF1 C1 A2 A1 C1 F1 F1 C1 C1 A2 µ 0 500 1,000250Feet 1 inch = 250 feet Legend UTP Existing Status Minor Arterial - Proposed Secondary Arterial - Proposed Minor C ollector - Proposed Freeway - Existing UTP Propose d Status D D Deleted Roadway Shifted UTP Alignment Pavem ent Private Drive Bldg Site Pad Site Wildcat Drive - UTP Amendment Request From: Thomas Tiffin <ttiffin@munozengrg.com>   Sent: Thursday, November 12, 2020 4:02 PM  To: Annika Gunning Yankee <AnnikaG@cctexas.com>  Cc: Daniel McGinn [ESI] <DanielMc@cctexas.com>  Subject: Nemec Towne Center ‐ Transportation Plan    [ [ 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 SecurityAlert@cctexas.com. ] ]    Annika,    Attached is the Preliminary Layout of Nemec Towne Center and Transportation Plan request  drawings.  We are requesting that the transportation plan be reviewed as the properties to the North  have not dedicated or constructed any portion of the road, the subject property is to be commercial and  not residential as the city’s future land use indicates, and we will have two north to south private streets  to provide for ample access in the area of the commercial area.  We request an exemption to  transportation plan as indicated on the exhibit.  Please let me know if you need anything else or if  further discussion shall be needed as I would like to get this cleared up in the coming week if possible.    Please feel free to contact me if you have any comments or questions.    Thank you,  Thomas Tiffin, P.E. Principal – Land Development MUNOZ ENGINEERING 1608 S. Brownlee Blvd Corpus Christi, Texas 78404 Office: 361.946.4848 Direct/Cell: 361.550.8226 TBPE Firm No. F-12240 Veteran Owned Company Texas Unified Certification – Disadvantaged Business Enterprise (DBE) Certificate Texas Historically Underutilized Business (HUB) Certificate Notice: This communication, including any attachments or links, is for the use of the addressee(s) and may contain proprietary, confidential, and/or priviledged information. If you are not the intended recipient of this e-mail, any use, copying, disclosure, dissemination or distribution is prohibited. If you are not the intended recipient, please notify the sender immediately by return e-mail, delete this communication and destroy any and all copies.   S84° 52' 08.37"E 976.31'S9° 16' 51.63"W 1,199.92'N84° 52' 09.90"W 976.31'N9° 16' 51.63"E 936.63'N9° 16' 51.63"E 263.28'8136,649 SFT1428,495 SFT131,456 SFT11109,223 SFT1033,347 SFT12327,848 SFT433,360 SFT339,463 SFT955,789 SFT528,068 SFT639,931 SFT742,639 SFT1204,935 SFT21,456 SFT1529,928 SFTAM LAND SURVEYING PO BOX 71094 CORPUS CHRISTI, TEXAS 78467 OFFICE: (361) 333-6317 FIRM REGISTRATION NO. 10194360 amlandsurveying@yahoo.comLAND SURVEYING PRELIMINARY LAYOUT OF NEMEC TOWNE CENTER CORPUS CHRISTI, NUECES COUNTY, TEXAS PRELIMINARY LAYOUT OFNEMEC TOWNE CENTERPHASE 1PHASE 2PHASE 3PHASE 3PHASE 4PHASE 5NOT TO SCALELOCATION MAPPROJECTLOCATIONNNORTHWEST BLVDCOUNTY ROAD 52INTERST A T E 6 9 / U S H W Y 7 7 ”#NOTE: THIS PRELIMINARY LAYOUT OF NEMEC TOWNE CENTER IS SUBJECTTO CHANGE DUE TO PROJECT AND TENANT REQUIREMENTS City Council Presentation January 26, 2021 Urban Transportation Plan (UTP) Amendment – Deletion of Wildcat Drive from County Road 52 North to an un-named East to West Collector Roadway 1 Urban Transportation Plan – Wildcat Drive 2 Urban Transportation Plan – Wildcat Drive 3 Background: Wildcat Drive Project 4 •The applicant working with Munoz Engineering is contracted to purchase two tracts (15.64ac & 3.26ac) currently owned by Nemec Family Properties LTD. •The Current UTP calls for the extension of Wildcat Drive, from Northwest Boulevard to County Road 52. •The construction of Wildcat Drive to the North of County Road 52 and South of the un-named Collector roadway, is perceived to have reduced value due to; –The change in landuseof the subject development from residential to commercial will reduce the utility of the subject Collector Roadway –The subject roadway’s assumed connection to Northwest Boulevard is hampered by the existing development pattern (Northwest Hospital & Chick-fil-a). –The subject property will provide access and connectivity through an internal driveway system south to CR 52. Recommendation: 5 •Planning Commission and the Transportation Advisory Committee both recommended approval •Staff Recommends Approval DATE: January 6, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, III, AIA, CBO, Director-Development Services alraymond@cctexas.com (361) 826-3575 CAPTION: Resolution authorizing a professional services contract with Pape-Dawson Engineers, Inc of San Antonio, Texas in the amount of $2,289,700 for providing civil engineering services to conduct an impact fee study and master plan studies pertaining to water, wastewater, drainage and roadways. PURPOSE: This service agreement will initiate an effort to create comprehensive master plans for our water, wastewater, stormwater, and roadways and to conduct an impact fee study which will ultimately provide recommendations for an infrastructure fee schedule with respect to new development. BACKGROUND AND FINDINGS: The establishment of the Utilities Infrastructure Trust Funds started in direct response to the city’s perceived lack of planning and leadership in installing required master planned infrastructure prior to 1982. The development community working with City staff created a mechanism, the Utility Trust Funds, to reimburse developers for the costs of extending water and wastewater infrastructure. The original Water and Wastewater Trust Fund ordinances were passed in June and November of 1982. The ordinances established the fee structure and rules of engagement. In 2003, another ordinance was passed adding lift stations and force mains as reimbursable items under the Wastewater Trust Fund. The Trust Funds are populated with fees assessed when properties are platted and with fees from service taps. The Trust Fund generates an average of $1.5M annually. From 1982 to 2020 (38 years), the Trust Funds have paid reimbursements requests totaling $34M and this is the City’s primary source for funding growth and infrastructure Request to Contract with Pape-Dawson Engineering, Inc. to provide Comprehensive Master Planning and an Impact Fee Study AGENDA MEMORANDUM Resolution for the City Council Meeting of February 9, 2021 expansion. City Council gave direction to staff, at the August 13, 2019 meeting, to reexamine the Trust Funds and to provide recommendations on policies that govern the priority, order, reimbursement rate and fees charged by the trust funds. City Council directed staff return within 75 days and present their recommendations. Staff conducted detailed research into how the Trust Funds were created and the establishment of the lot and acreage, surcharge and pro-rata fees charged during the platting process to reimburse developers for the installation of new water and wastewater infrastructure that is required to serve the development. Additionally, staff contracted a third-party consultant, that had previously provided a report, to the City, on the Trust Funds and staff asked for an update to that report and provided recommendations for an alternative means of funding infrastructure. One of the recommendations, provided by the consultant, was to examine impact fees to fund new infrastructure. Transitioning to impact fees would support a more comprehensive, planned approach to infrastructure expansion. Corpus Christi has reached the size where most other Texas cities have adopted impact fees to fund growth related infrastructure expansion. The process for establishing impact fees is outlined in Texas Local Government Code Chapter 395, Financing Capital Improvements Required by New Development in Municipalities, Counties and Certain Other Local Governments. The City issued an RFQ for Master Planning and Impact Fee Study in May 2020; the proposals was due in June 2020; submissions were reviewed, interviews were conducted, and the City selected Pape-Dawson Engineers, Inc; contract negotiations were conducted in July 2020; and Development Services along with Planning, Public Works and the Utilities Department will present to City Council in January 2021. ALTERNATIVES: Deny the request and continue with the current incremental master planning and trust fund fee model. The outdated planning and development fee models fail to account for the cost’s future development places on roads, storm water and facilities upgrades needed to support the new development areas. Additionally, capital improvement project planning and funding is not taken into consideration under the current fee and planning model. The costs of required improvements needed to support the impact of new development are placed on current rate and taxpayers. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City’s purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: None. FINANCIAL IMPACT: The cost for this professional services contract is being shared by Development Services and Utilities Departments. $800,000 is being provided from the operating budgets of Water and Wastewater Utilities and $1,489,700 is being provided from the departmental operating budget from Development Services. This item is not taking any funding from the general fund. Funding Detail: Fund: 4670 (Development Services) Organization/Activity: 11300 Mission Element: 281 Project # (CIP Only): N/A Account: 530000 Funding Detail: Fund: 4010 (Water Operating Fund) Organization/Activity: 30000 Mission Element: 041 Project # (CIP Only): N/A Account: 530000 Funding Detail: Fund: 4200 (Wastewater Operating Fund) Organization/Activity: 33000 Mission Element: 042 Project # (CIP Only): N/A Account: 530000 RECOMMENDATION: Staff recommends approval of this request to award Pape Dawson Engineers, Inc. a professional services agreement for master planning services and water, sanitary sewer, drainage and roadway impact fees study in the amount of $2,289,700. LIST OF SUPPORTING DOCUMENTS: Resolution, Evaluation Matrix, Professional Services Agreement, Presentation Page 1 of 2 Resolution authorizing a professional services contract with Pape- Dawson Engineers, Inc of San Antonio, Texas in the amount of $2,289,700 for providing civil engineering services to conduct an impact fee study and master plan studies pertaining to water, wastewater, drainage and roadways. Whereas, the City has determined that the awarding of this contract is essential in establishing standardized master plans and evaluating an alternative to the current trust fund fee model as the primary means to fund utilities infrastructure construction, and is in the best interest of the City; Whereas, Pape-Dawson Engineers is the most highly qualified provider of services on the basis of demonstrated competence and qualifications; and Whereas, the City has negotiated a contract with Pape-Dawson Engineers at a fair and reasonable price. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a professional services contract (“Contract”) with Pape-Dawson Engineers, Inc in the amount of $2,289,700 to conduct an impact fee study and master plan studies pertaining to water, wastewater, drainage and roadways. PASSED AND APPROVED on the ______ day of _________, 2021: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor City Council Presentation Master Planning and Impact Fee Study February 9, 2021 Presented by: Al Raymond, III, AIA, CBO Director Development Services Department Utilities Trust Fund Overview Background, History and TimelineBackground, History and Timeline Best Practices and Recommended Action PlanBest Practices and Recommended Action Plan Brief Explanation of RFQBrief Explanation of RFQ Benefits to the CityBenefits to the City 2 Utilities Trust Fund Background 3 The unintended consequences of the establishment of the Trust Funds was that the City relegated the responsibility of extending nearly all new water and wastewater infrastructure to the Development Community The development community (home builders, engineering firms, prominent landowners) working with City staff created a mechanism, the Utilities Trust Funds, to reimburse developers for the costs of oversizing and extending water and wastewater infrastructure The establishment of the Utilities Infrastructure Trust Funds started in direct response to the City’s perceived lack of planning and leadership in installing required Master Planned Infrastructure prior to 1982 Utilities Trust Fund History4 •The Original trust fund ordinances for water and wastewater were passed in 1982.•The Original trust fund ordinances for water and wastewater were passed in 1982. •On August 19, 2003, lift stations and force mains were added to the reimbursement eligible items from the Trust Funds. •On August 19, 2003, lift stations and force mains were added to the reimbursement eligible items from the Trust Funds. •From 1982 to 2020 the Trust Funds have paid out approximately $30 million to reimburse Developers for building infrastructure for their particular projects. These funds were not used to reimburse the City for the installation of new utility lines or for the upgrading of treatment facility's due to the increased demand from the new developments. •From 1982 to 2020 the Trust Funds have paid out approximately $30 million to reimburse Developers for building infrastructure for their particular projects. These funds were not used to reimburse the City for the installation of new utility lines or for the upgrading of treatment facility's due to the increased demand from the new developments. •$34 million dollars is not nearly enough to keep up with the rapid growth of the city which encompasses 160 square miles of land and has a population of approximately of 330,000. •$34 million dollars is not nearly enough to keep up with the rapid growth of the city which encompasses 160 square miles of land and has a population of approximately of 330,000. City Council Timeline to Reexamine the Trust Funds Aug. 2019 City Council gave direction to re-examine the Trust Funds Oct. 2019 – Jan. 2020 DSD met with Trust Fund Stakeholder; continued community engagement DSD engages Consultant to update the Alternative Utility Infrastructure Financing Study Jan. 2020 Briefing at Planning Commission DS Taskforce Meeting & Discussion Community Meeting with Development Community Feb. 2020 DSD briefed City Council on the Updated Alternative Utility Infrastructure Financing Study 5 City Council Timeline to Reexamine the Trust Funds Mar. 2020 Benchmarked Best Practices with regard to funding infrastructure May 2020 The City issued a RFQ for Master Planning and Impact Fee Study June 2020 RFQ proposals due July 2020 Submissions were reviewed, interviews conducted, and the City selected Pape Dawson Engineers Aug. 2020 Contract negotiations Jan. 2021 Presentation to City Council to approve a contract award to Pape-Dawson Engineers, Inc. 6 Recap7 THE TRUST FUNDS HAVE BEEN THE CITY’S PRIMARY SOURCES OF INFRASTRUCTURE EXPANSION FOR 38 YEARS & PAID OUT APPROXIMATELY $34 MILLION ON AUGUST 19TH CITY COUNCIL GAVE DIRECTION TO DSD TO REEXAMINE THE TRUST FUNDS NEW APPROACH: DSD ENGAGES CONSULTANT TO UPDATE THE ALTERNATIVE UTILITY INFRASTRUCTURE FINANCING STUDY BENCHMARK BEST PRACTICES FOR FUNDING INFRASTRUCTURE 2019 ALTERNATIVE UTILITY INFRASTRUCTURE FINANCING STUDY FINDINGS RECOMMENDATION: CONSIDER TRANSITIONING TO IMPACT FEES Summary Comparison of How Other Texas Cities Fund Infrastructure City 2019 Population Growth Rate Water Wastewater Stormwater Houston 2,338,187 1.23%Impact Fees and Rates Impact Fees and Rates Impact Fees/Utility Fees San Antonio 1,544,672 1.75%Impact Fees and Rates Impact Fees and Rates Stormwater Utility Fees Dallas 1,358,066 1.45%Water Utility Rates Water Utility Rates Stormwater Utility Fees Austin 974,581 2.42%Impact Fees and Rates Impact Fees and Rates Stormwater Utility Fees Fort Worth 894,195 2.17%Impact Fees and Rates Impact Fees and Rates Stormwater Utility Fees El Paso 681,877 0.56%Impact Fees and Rates Impact Fees and Rates Stormwater Utility Fees Arlington 391,409 0.79%Impact Fees and Rates Impact Fees and Rates General Fund Corpus Christi 326,162 0.76%Rates and Dev't Fees Rates and Dev't Fees Water Utility Rates Plano 290,441 1.28%Water Utility Rates Water Utility Rates Stormwater Utility Fees Laredo 268,057 1.46%Water Utility Rates Water Utility Rates Stormwater Utility Fees 8 *Source: 2019 Alternative Utility Financing Study Report RFQ: Master Planning & Impact Fee Study 9 RFQ released: May 2020 Proposals Due: June 2020 Committee Selected: Pape-Dawson Engineers, Inc. Project Scope: Review & evaluate existing Land Use Assumptions Develop a comprehensive Water Master Plan; Wastewater Master Plan; Stormwater Master Plan and Roadway & Mobility Master Plan Additionally, the consultant will perform an Impact Fee Study for Water, Wastewater, Stormwater and Roadway infrastructure The Master Planning and Impact Fee Study process will require public outreach and public engagement including but not limited to Public Hearings, Advisory Group Meetings and Stakeholder Group Meetings Schedule & Costs Performance period: 18 months Contract is for 3 years with 1-year renewal options $2,289,700 What You Are Considering? CONTRACT AWARD, PAPE-DAWSON ENGINEERS, INC. MASTER PLANNING AND IMPACT FEE TOTAL $2,289,700 PROJECT MANAGEMENT, LAND USE ASSUMPTIONS, PUBLIC ENGAGEMENT & EXPENSES $499,800 WATER (PROJECT MANAGEMENT & MASTER PLANNING AND IMPACT FEE STUDY) $262,600 WASTEWATER (PROJECT MANAGEMENT & MASTER PLANNING AND IMPACT FEE STUDY) $418,000 STORMWATER (PROJECT MANAGEMENT & MASTER PLANNING AND IMPACT FEE STUDY ) $530,000 ROADS (PROJECT MANAGEMENT & MASTER PLANNING AND IMPACT FEE STUDY ) $579,300 10 Benefits to the City Long term growth plan •Long range master plans, which would allow the City to prioritize service extensions in 4 major areas of concern Incentivize development •Areas of town we would like to see grow •Economic Development incentives Predetermined fees •On all new development that is served by the improved facilities •Developers could be given credits Promote better capital improvements planning •The impact of growth on our treatment facilities and aging infrastructure will now be costs associated with new development Lower rates •Shifting some of the cost burden of growth- related infrastructure and associated debt Line extensions could be prioritized based on area growth projections •Impact fee could incentivize development in service areas dictated by Council 11 Staff Recommendation Staff requests approval to award Pape Dawson Engineers, Inc. a professional services contract in the amount of $2,289,700 to initiate the process to provide the City with master planning and an impact fee study 12 Contract for Professional Services Page 1 of 11 Revised February 2020 SERVICE AGREEMENT NO. 3083 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT: MASTER PLANNING AND IMPACT FEE STUDY 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 Pape-Dawson Consulting Engineers, Inc. 2000 NW Loop 410, San Antonio, Texas 785213 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I – SCOPE OF SERVICES ..............................................................................2 ARTICLE II – QUALITY CONTROL .................................................................................3 ARTICLE III – COMPENSATION .....................................................................................3 ARTICLE IV – TIME AND PERIOD OF SERVICE ...........................................................4 ARTICLE V – OPINIONS OF COST ................................................................................5 ARTICLE VI – INSURANCE REQUIREMENTS ...............................................................5 ARTICLE VII – INDEMNIFICATION .................................................................................5 ARTICLE VIII – TERMINATION OF AGREEMENT .........................................................6 ARTICLE IX – RIGHT OF REVIEW AND AUDIT .............................................................7 ARTICLE X – OWNER REMEDIES .................................................................................7 ARTICLE XI – CONSULTANT REMEDIES......................................................................8 ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION ..................................................8 ARTICLE XIII – MISCELLANEOUS PROVISIONS ........................................................ 10 Contract for Professional Services Page 2 of 11 Revised February 2020 ARTICLE I – SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit A and with Consultant’s response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City’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 11 Revised February 2020 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3 rd 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 $2,289,700.00 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 11 Revised February 2020 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. Consultant shall indemnify and hold City harmless from any liens, claims, security interests or encumbrances filed by anyone claiming by, through or under the items covered by payments made by City to Consultant. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate “Final Bill – no additional compensation is due to Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). Contract for Professional Services Page 5 of 11 Revised February 2020 4.2 The term of this Agreement will be for a period of three 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 11 Revised February 2020 extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the 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 11 Revised February 2020 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX – RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. 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 11 Revised February 2020 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI – CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant’s reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for Contract for Professional Services Page 9 of 11 Revised February 2020 remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, 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 11 Revised February 2020 connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City’s governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. ARTICLE XIII – MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. Contract for Professional Services Page 11 of 11 Revised February 2020 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, the Consultant’s response to the Request for Qualifications related to this project, or in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. PAPE-DAWSON CONSULTAING ENGEERERS INC. _____________________________________ Cara C. Tackett Date Sr. Vice President 200 NW Loop 410 San Antonio, Texas 78213 ctackett@pape-dawson.com CITY OF CORPUS CHRISTI ____________________________________ Michael Rodriguez Date Chief of Staff APPROVED AS TO LEGAL FORM: ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date July 31, 2020 (Revised September 3, 2020) (Revised September 29, 2020) Ms. Jennifer Rodriguez Contracts/Funds Administrator City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Re: City of Corpus Christi Master Planning and Impact Fee Study – RFQ 3083 Dear Ms. Rodriguez: We are pleased to present this proposal for providing civil engineering services in connection with the above referenced project. Our proposed scope of services and associated fees are as follows: PROJECT SCOPE The Consultant (Pape Dawson Engineers and their teaming partners) will develop Master Plans for the City’s water, wastewater, stormwater and roadway infrastructure which are to be utilized for conducting an Impact Fee Study for the City’s water, wastewater , storm-water and roadway infrastructure. The Consultant shall provide comprehensive master planning and engineering services for the development of water, wastewater, stormwater and roadway facilities master plans, land use assumptions, and an impact fee study with recommendations for water, wastewater, stormwater and roadways in accordance with: Local Government Code Title 12, Planning and Development, Subtitle C. Planning and Development provisions applying to more than one type of local government, Chapter 395- Financing Capital Improvements Required By New Development In Municipalities, Counties, And Certain Other Local Governments. The intent of this project is to develop an impact fee schedule for the water system, wastewater system, drainage system, and the Urban Transportation Plan (UTP). The Consultant intends to accomplish this task by defining study areas, reviewing proposed land use assumptions, and determining the projected growth in demands on the water, wastewater, drainage, and roadway sy stems for the ten (10) year planning period. This includes reviewing the existing capital improvement plan for the water, wastewater, drainage, and street systems, determining the service unit equivalencies to each and calculating the maximum fee per service unit for each system within each service area. This involves meetings with City staff to review land use assumptions with City staff and determine if adjustments are required based on anticipated development patterns. The study will be coordinated thr ough Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 2 of 27 meetings with City staff and a Capital Improvements Advisory Committee and ultimately to be adopted through a public hearing process. In the Request for Qualifications, the City divided the work into five tasks. (The Consultant has disaggregated the work further, but the correlating City task is shown in parentheses.1) The Project is anticipated to include the following components: Task 1. Project Management and Meetings (none) Task 2. Land Use Assumptions (City Task 1) Task 3. Water Master Plan (City Task 2) Task 4. Wastewater Master Plan (City Task 2) Task 5. Stormwater Master Plan (City Task 2) Task 6. Roadway and Mobility Master Plan (City Task 2) Task 7. Water Impact Fee Study (City Task 3) Task 8. Wastewater Impact Fee Study (City Task 3) Task 9. Stormwater Impact Fee (City Task 3) Task 10. Roadway Impact Fee Study (City Task 3) Task 11. Public Hearings, Approval, and Implementation (City Task 4 and 5) Task 12. Public Outreach (Task 5) I. PROJECT MANAGEMENT AND MEETINGS (TASK 501) $152,700 The Consultant will keep regular communication throughout the project with the City through teleconference calls, online conferencing, or in person meetings as detailed below for coordination and progress updates. The following meetings are required to accomplish the various tasks outlined in this scope: • Project Kick-off Meeting – Consultant will coordinate a project kick-off meeting. The kick-off meeting will include introduction of Consultant’s team to the City, City staff introductions, and communication and invoicing protocols. Consultant will provide the City with a data request list and agenda prior to the meeting, to be discussed at the meeting. The kick-off meeting will also serve to provide for further scope development and refinement between the City and Consultant. • Project Team Status Meetings and Coordination – Consultant will participate in technical, task-related meetings with identified key City Staff. These meetings will be held on specific days and times as agreed by the required City representatives or City Project Manager. A maximum of two (2) hours will be anticipated for each meeting. These meetings will primarily consist of teleconference calls. Consultant will prepare summary notes from each meeting and submit to the City’s Project Manager for review and approval. It is anticipated that the work will be completed in eighteen (18) months, so up to twenty (20) City staff status meetings are assumed in this scope. 1 Should the City decide to delay or non -perform one of the Master Plans and/or Impact Fee Studies, this disaggregation will facilitate modifying the budget for the project.) Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 3 of 27 • Project Team Coordination meetings. Consultant will participate in monthly progress meetings with City’s Project Manager at the City Offices2 to review progress, discuss data needs, and any topics of special concern. The results of these meetings will be documented in the Project Status Report. • Project Status Reports. Consultant will prepare and submit monthly status reports regarding the overall project schedule, critical tasks, and coordination in conjunction with each monthly invoice. II. LAND USE ASSUMPTIONS (TASK 590) $20,900 Consultant will use the existing and future land use assumptions currently available in the City’s GIS database as the basis for future land use assumptions in accordance with Chapter 395 of the Local Government Code. It is assumed that only minor modifications will be made to the future land use assumptions based on areas proposed to be annexed or known planned future development that will impact existing water, wastewater, drainage, or street facilities. A. Documentation Consultant will incorporate the land use assumptions previously prepared by the City, including any minor modifications made by consultant based on proposed annexations or known planned future developments, into the final impact fee report. No separate documentation will be completed for the land use assumptions. B. Data Collection Consultant will coordinate with the City to obtain the following data: • City Contacts – The City shall provide the organizational charts and contact information for applicable City staff involved with the land use assumptions. • Comprehensive masterplans – The City shall identify and provide the City’s most recent comprehensive master plans and any other related documentation required. • Capital Improvement Plan – The City shall identify and provide the City’s most recent capital improvement plan for water, wastewater, drainage, and traffic, if available. • Platting & Building Permit History – The City shall provide the Consultant with available platting and building permit history (both residential and non - residential) for the previous ten (10) years. • Currently adopted Land Use Assumptions – The City shall provide confirmation that the existing land use assumption in the existing GIS database are correct and no changes have been made. • Maps – The City shall provide the Consultant with GIS shapefiles, associated databases, and layer files in ESRI ArcGIS10x format. All data shall be 2 Dependent on CDC guidelines in place at time of meetings, these may be virtual a s required. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 4 of 27 projected in NAD 83 State Plane, South Texas Zone coordinates. Data should include: ▪ Current Zoning Map ▪ Future Land Use Map ▪ City/County Parcel Data ▪ City Limits and ETJ Map ▪ Thoroughfare Plan Map ▪ Most recent digital orthograph (DOQ) of the City ▪ Impervious Land Cover (if available) ▪ Ten Year Land Use Assumptions. Chapter 395 states that impact fees may only be used to pay for items included in the Impact Fee capital improvements plan and attributable to new service units projected over a period not to exceed ten (10) years. Based on guidance from the City regarding projected development patterns and growth rates and the latest masterplan information, the Engineer will develop the Ten-Year Land Use Assumptions for the 2020-2030 planning window. C. Meetings The land use assumptions will be discussed during the Status and Coordination meetings. The City will provide final approval of all land use assumptions. D. Deliverables Any minor revisions made to the land use data provided by the City will be provided to the City in the form of a GIS shapefile. No other specific deliverables will be provided. The final land use assumptions will be incorporated into the final impact fee study report. Assumptions: • Areas of existing impervious land cover are provided by the City. • Areas planned for annexation by the City shall be identified by the City and conveyed to Consultant for inclusion in the study. Areas identified for inclusion after the study has commenced will result in additional scope and fees being required. • If recent aerial photographs of the City are not available for use in studying existing land uses and confirmation of impervious cover, additional scope and fee will be required to contract with a 3rd party vendor to provide this data. III. WATER MASTER PLAN (TASK 203) $210,800 A. Data Collection Consultant will submit a request to the City detailing the water data that is needed for the study. The data will include but is not limited to the following: Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 5 of 27 • Water Masterplan – Consultant to coordinate with the City to obtain the latest water system masterplan. Water system masterplan should include information on water storage tanks (elevated and ground), pump stations, and production facilities. • Water CCN boundaries. • Water usage history – Consultant will obtain water usage history from the City. Annual water usage and maximum daily usage records for the past ten (10) years for development of the service unit projection. • Five years of City bid tabulations for water projects. B. Infrastructure Capacity Criteria The City uses the Texas Commission on Environmental Quality (TCEQ) criteria for infrastructure capacity. The Engineer will utilize these criteria as well. C. Flow/Usage Development The City recently completed a review of its elevated storage tanks. According to CP&Y (the City’s elevated storage review consultant), the average daily flow within the model increases from 62 MGD (year 2011) to 82.5 MGD in Year 20253. Using the land uses determined in II, Consultant will compare water data within the City’s existing 2011-2025 model for consistency with the land use plan. Consultant shall also review the preliminary raw water mater plan information being completed by others for consistency in projections through the planning period In addition, Consultant will develop flows for the planning period (beyond year 2025) for incorporation back into the water model, further described in Section Prioritization of this task. The objective of this task is to conform the 10-year flow assumptions for use across all water system components (raw water, treatment, and distribution). D. Water Supply Strategies and Evaluations Consultant will coordinate with the City to evaluate the raw water supply strategies being developed by others in order to identify key information required for incorporation into the impact fee analysis. Implementations of any recommendations from previous evaluations, remaining recommendations for the previous evaluations and ability for the existing water system to supply current, 5-year and 10-year planned flows and recommended improvements will be evaluated in terms of growth versus retrofit and maintenance-related improvements. As this plan is focused near-term (0-3 years), mid-term (3-7 years) and long-term (7-10 years) flows, excluded from this scope are evaluations long-term (>10 year) alternative water supply strategies. 3 “City of Corpus Christi, Texas Holly & Rand Morgan Elevated Storage Tanks Implementation”, CP&Y, August 19, 2020. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 6 of 27 E. Existing System Review CP&Y has completed an existing system review as part of their elevated storage report. This report included recommendations for a renewed Pipe Reinvestment Program. This program would replace pipes at the end of their useful life or adversely affected by the new elevated storage tanks. It is Consultant’s understanding that the existing distribution system has been adequately evaluated for piping needs as part of CP&Y’s efforts. There are current projects identified in the City’s Capital Improvement Plan that will need to be evaluated to determine the portion associated with maintenance - related versus growth-related costs. These include: • Citywide Water Distribution System Indefinite Delivery/Indefinite Quantity Program • San Patricio Municipal Water District Transmission Main Connection • Yorktown Boulevard Water Line Extension • Water Line Replacement Program • Elevated Water Storage Tanks- Citywide F. Future Flows Model and Project Prioritization The existing model developed as part of CP&Y’s efforts included a planning period through 2025. Consultant will provide the City with modifications necessary to conform the distribution system projected flows past year 2025 for the purposes of the impact fee analysis. It is assumed that the City will direct CP&Y to complete the post-2025 modelling efforts. This task includes coordinating with CP&Y on these efforts to ensure projects are identified through the planning period and maintenance-related and growth-related estimates are identified and used. This task includes a bi-weekly meeting with CP&Y through a 4-month modeling effort, as well as quality assurance quality control. G. Water Treatment Plant Asset Evaluation Consultant shall complete a conditions/ capacity assessment of the City’s ON Stevens Water Treatment Plant including: • Review previous evaluations prepared within the last five years. Using information provided by the city and determine which, if any, of the recommendations from the previous evaluations have been implemented and which recommendations are remaining. Using this existing information, evaluate if existing facilities have the capacity to meet projected 5 -year and 10-year flow demands. Provide a list of recommended improvements to meet flow demands. The focus of this evaluation will be only on high-level unit processes. • Visit WTP site and observe major unit processes. Meet with WTP staff to confirm/clarify observations. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 7 of 27 • Meeting with plant staff – during the site visit, engineers will meet with plant staff to review data collected and discuss history of plant operations and maintenance concerns. • Evaluate current projects identified in the City’s Capital Improvement Plan to determine the portion associated with maintenance-related versus growth- related costs These include and are limited to: ▪ ONSWTP High Service Building No. 3 ▪ ONSWTP Raw Water Influent and Chemical Facilities Improvements ▪ ONSWTP On-Site Hypochlorite Generation ▪ ONSWTP Solids Handling and Disposal Facilities ▪ ONSWTP Site Infrastructure Improvements ▪ ONSWTP Sedimentation Basin Improvements ▪ ONSWTP Clearwell No. 3 ▪ ONSWTP Filtration System Hydraulic Improvements H. Water Pump Station and Storage Tanks Evaluation Consultant shall complete a conditions and capacity assessment of the pump station and storage tank facilities including: • Review previous evaluations prepared within the last five years. Using information provided by the city and determine which, if any, of the recommendations from the previous evaluations have been implemented and which recommendations are remaining. Using t his existing information, evaluate if existing facilities have the capacity to meet projected 5 -year and 10-year flow demands. Provide a list of recommended improvements to meet flow demands. The focus of this evaluation will be only on high-level unit processes. • Meeting with O&M staff to review data collected and discuss history of pump station operations and maintenance concerns. I. Water Impact Fee Capital Improvement Plan Consultant will coordinate with the City to develop the Water Impact Fee Capital Improvement Plan. It will include the following infrastructure: • Future Transmission Mains (12-inch and up). • Existing and Future Elevated Storage Tanks. • Existing and Future Ground Storage Tanks. • Existing and Future Pump Stations. • Existing and Future Water Treatment Plant Facilities. The capital improvement plan will include identification of the following for each project proposed: • Project Name • Project Location Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 8 of 27 • Project Type (source, storage, treatment, transmission, distribution) • Estimate of Probable Costs (Class 4 AACE estimate with contingency of 30%, engineering, administration, survey, permitting and construction administration services) • Prioritization score • Percent of project required by existing needs versus growth J. Deliverables • Electronic (.pdf) of the Draft Water Master Plan • Final Water Master Plan. Once approved by the City, Consultant will provide ten (10) originals of the Final Water Master Plan Assumptions: • Development of capital improvements associated with new water source(s) is not included in this task. Capital Improvements associated with the development and securing of additional water sources will be an estimated amount derived from discussions with the City. • Review of the water treatment plant and other facilities is based solely on condition and capacity. Water Quality evaluations in accordance with USEPA or TCEQ SDWA compliance can be provided as an additional service. • Any treatability, bench scale or modeling of water quality performance or any water chemistry effects on the distribution system water quality or impacts is excluded and is available as an additional service. • All costs will be tied to the Engineering News Record index for ease of adjustment in the future. IV. WASTEWATER MASTER PLAN (TASK 290) $370,400 A. Data Collection Consultant will submit a request to the City detailing the wastewater data that is needed for the study. The data will include but is not limited to the following: • Wastewater network GIS files • Wastewater flow monitoring and rainfall data • I/I Study and results • Topographic mapping for the entire City and ETJ • Wastewater flow records (including monitoring, WWTP flows, TCEQ Special Use Permit Flows) • Wastewater collection system plans (as-builts, record drawings, construction plans), including currently proposed projects • Lift Station record drawings • Collection system O&M records • Available rehabilitation and CCTV data Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 9 of 27 • Existing design standards and standard operating procedures • SSO records B. Wastewater Mapping System Update This task includes updating the wastewater mapping and GIS data to the year 2019. • Using the wastewater design plans obtained, update wastewater mapping and associated database. • Update manhole (MH) elevations and inverts, as needed. • Compare the MH and line elevations with new topography; where major discrepancies occur, refer to plans, new topography and I/I study MH depths to assign new elevations. • Minimal field investigations (no more than 2 days) to verify questionable data that cannot be determined by plans or topography for mapping. C. Flow/Usage Development The City has completed efforts toward satisfying a Consent Decree regarding its wastewater collection system and sanitary sewer overflows. This initial work included a hydraulic model with appropriate wastewater generator applied to the collection system. These data, coupled with the water usage data developed as part of Task C will be used to confirm wastewater flow factors. These flow factors will be compared to treatment plant flows and adjusted as required for existing land use to confirm consistent assumptions across all components of the wastewater system. It is assumed that the City, in preparing the documentation for the Consent Decree has already assigned areas to the lift station sewersheds. For the purposes of this master plan, it will be assumed that the flow factors include an infiltration and inflow component. D. Infrastructure Capacity Criteria The City uses the Texas Commission on Environmental Quality (TCEQ) criteria for infrastructure capacity. The Engineer will utilize these criteria as well . E. Wastewater System Modeling The City is in the process of completing a wastewater collection system model, as identified above, to address issues associated with the Consent Decree. This task will utilize information from this model to identify projects and portions of projects associated with growth versus maintenance-related, As part of this task, the Consultant will: • Confirm with the City’s consultant and City staff that the model is modelling current, 5-year and 10-year flows. • Confirm that Lift Station Investigations for current, 5-year and 10-year flow projections have been completed. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 10 of 27 • Coordinate with the City’s consultant and staff to perform updates to the 2019 hydraulic model with future flows to create the three future models for dry and wet weather conditions; models will need to include the existing WWTP as a starting point of evaluation. • Should additional modelling be required to complete current, 5-year and 10- year evaluations, these additional modelling services will be completed by others. • It is anticipated that a minimum of 4 months and biweekly meetings will be required to ensure appropriate information is available for the impact fee analysis. F. Wastewater Treatment Plant Asset Evaluation Consultant shall complete a conditions / capacity assessment of six (6) wastewater treatment plants (Greenwood, Oso, Allison, Broadway, Whitecap, and Laguna Madre). Specific tasks for each include: • Review of previous reports, master plans, permits and other third-party evaluations, implementations of any recommendations from the previous evaluations, remaining recommendations for the previous evaluations, ability for the existing facilities to treat current, 5 -year and 10-year planned flows and recommended improvements. • Coordinate with City staff to review the Treatment Plant Process & Capacity Assessments. This effort will rely extensively on the City of Corpus Christi Wastewater Management Plan, November 2016, completed by Stantec and LNV. This plan provided estimated flows through 2045. The flows within this report will be compared to those being used for the collection system model to determine discrepancies or adjustments to either set of flows. • This task does not include any site visits to the facilities. Consultant recognizes that the Wastewater Management Plan is over four years old and will coordinate with the City to determine which, if any, of the recommended improvements were implemented by the City. G. CIP and Master Plan Development Consultant will review the current CIP, as well as identify a 5-year CIP and a 10- year CIP. The CIP and Master Plans will include six (6) treatment facilities and will address collection system upgrades and WWTP upgrades. The review of the existing CIP includes the following projects: • Citywide Collection System Indefinite Delivery/Indefinite Quantity Program • Citywide Lift Station Repair • Citywide Wastewater Lift Station Alternate Power Supply • Wastewater Treatment Plants & Lift Station SCADA Improvements • Allison WWTP Lift Station Upgrade and Process Improvements Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 11 of 27 • Greenwood WWTP Flood Mitigation • Greenwood WWTP Electrical Improvements to UV System • Greenwood Headworks & Grit Removal Rehabilitation • Greenwood WWTP Process Upgrades • Greenwood Flow Diversion to New Broadway WWTP • McBride Force Main and Lift Station • Broadway WWTP Rehabilitation • Old Broadway WWTP Decommissioning • Oso WRP Headworks and Lift Station • Oso WRP Process Upgrade and BPC Facility Decommission • Williams Lift Station Force Main (Line A) • Laguna Madre Plant Rehabilitation • Laguna Shores Road Force Main Replacement • Whitecap Odor Control, Process & Bulkhead Improvements • Whitecap Wastewater Treatment Plant (WWTP) Improvements These projects will be reviewed to determine apportionment of maintenance -related versus growth-related improvements. In addition, Consultant will determine estimate of probable project cost associated with projects that result from the efforts collection system and treatment plant reviews that are not already enumerated in the City’s CIP . Unit costs will be estimated from recent jobs representative of the Corpus Christi area. H. Review and Assess Wastewater Design Criteria Consultant will review the City’s Wastewater System Design Criteria and compare the existing data to standards in use elsewhere and as per TCEQ Chapter 217/317. Consultant will also review the City’s existing policies and standards against current BMPs such as the CMOM or Asset Management Programs. I. Wastewater System Master Plan Report The Consultant will compile the items from the above tasks into a Wastewater System Master Plan Report. Consultant will review the report. Copies of the draft wastewater master plan Report will be provided to the City for review and comments. Once the comments have been received and addressed, copies of the Final wastewater master plan report will be submitted to the City. The capital improvement plan will include identification of the following for each project proposed: • Project Name • Project Location • Project Type (source, storage, treatment, transmission, distribution) Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 12 of 27 • Estimate of Probable Costs (Class 4 AACE estimate with contingency of 30%, engineering, administration, survey, permitting and construction administration services) • Prioritization score • Percent of project required by existing needs versus growth J. Deliverables • Electronic (.pdf) of the Draft Wastewater Master Plan. • Final Wastewater Master Plan. Once approved by the City, Consultant will provide ten (10) originals of the Final Wastewater Master Plan. Assumptions: • The existing system review is not intended for any purpose other than the development of capital improvement projects. It is not intended to satisfy any current or future requirements arising from any regulatory agreements with the USEPA or TCEQ (i.e. Consent Order). • The cost of hydraulic modelling software (if desired for purchase by the City) is not included in this task. • All costs will be tied to the Engineering News Record index for ease of adjustment in the future. V. STORMWATER MASTER PLAN (TASK 291) $475,900 This Stormwater Master Plan Update is being performed on a fast track basis, to meet the accelerated schedule and limited budget associated with developing CIP projects that address capacity deficiencies, as per the City’s drainage criteria. The City adopts a no adverse impact policy for new development; therefore, future growth is expected to not impact peak flows in existing drainage infrastructure. However, impacts due to additional wear and tear caused by increases in volume are expected due to added impervious cover caused by future growth. The impact due to increased volume of runoff caused by future growth is currently not being analyzed as part of this approach; however, upon substantial completion of this Fast Track SWMP, the Consultant can develop an additional scope of services to evaluate volumetric impacts due to future growth. A. Data Collection Consultant will submit a request to the City detailing the drainage information needed for a “fast track” stormwater master plan. (This study will be fast track so that the process can be completed within the provided schedule.) The initial data requested will include but is not limited to the following: • Overall Drainage Masterplan – City to provide the latest watershed data, including any current hydrologic and hydraulic models that the City may Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 13 of 27 have and the current version of the Stormwater Master Plan documents (in Word format). • Plan of Record information – City to provide available plan of record/as-built plans for existing storm drains and channels within service areas. • Determine Service Areas – City to provide already defined limits of service areas and note any chronic areas of concern. City to provide complaint databases, repetitive loss data and any high water mark information available. • Impervious cover – City to provide Consultant with GIS-Shapefile with latest available information on existing impervious land coverage for the City and any areas outside the City to be included in the study. • GIS data – City to provide utility, parcel, and planimetric data including latest LiDAR information. • Consultant will conduct 1- 2 day field visit to the targeted problem areas. B. Infrastructure Capacity Criteria Consultant will coordinate with the City to obtain the criterion for determining the ten (10) year capacity for the following infrastructure: • Existing and Future drainage channel improvements • Existing and Future drainage culvert improvements • Existing and Future storm drainage system improvements • Existing and Future Stormwater Pump Stations • Future Regional Detention Facilities C. Update to Existing Modeling • Consultant to prepare updates to the current/available hydrologic models within the City’s service areas using HEC- HMS. Models will be updated to reflect Atlas 14 rainfall depths and development that has occurred since the last model update. • Consultant to prepare updates to the current/available riverine models within the City’s service areas. Models will be updated to reflect HEC -RAS 1D modeling and HEC-RAS 2D modeling only where appropriate. • Consultant to meet with City to discuss current Level of Services for their storm drain systems within each of their service areas. o City to provide current modeling of existing storm drain facilities. o Consultant to update storm drain modeling only in areas of know issues and complaints. o As a whole, the consultant shall treat the flows from the storm drains as “in flows” into the updated RAS modeling. o Consultant shall meet with stakeholders in each service area to discuss and fine tune the modeling of the existing system. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 14 of 27 D. Stormwater Master Plan (SWMP) Consultant shall review the current SWMP (2009) and make recommendations for updating with regards to drainage design criteria. Meet with City staff to discuss any currently acknowledged updates needed for the SWMP. • Review the SWMP and make recommendations to the City on potential drainage criteria revisions such as inclusion of Atlas 14 rainfall data. • Incorporate the approved recommendations into SWMP and submit to Draft to City for review and approval. • Address comments and submit Final SWMP to City for approval. E. Drainage Capital Improvement Plan Consultant will coordinate with the City to develop the Drainage Capital Improvement Plan. It will include the following steps: • Identify existing Capital Improvement projects or other planned public drainage projects within each overall watershed. • Review current potential CIP drainage projects for adequacy due to changes in drainage criteria and/or estimated costs. • Provide high level Scope and Estimate for approved potential CIP projects. • Will meet with City staff to determine key non-cost factors when considering any proposed Capital Improvements. These factors may include regulatory, criticality of component, age of improvement (if a replacement project) and location of project. Prioritize the cited projects over the next 10 years. • Identify new Drainage Impact Fee Improvements Plan (DIFIP) to identify potential regional drainage improvements that can mitigate additional drainage impacts due to new development. The capital improvement plan will include identification of the following for each project proposed: • Project Name • Project Location • Project Type • Estimate of Probable Costs (Class 4 AACE estimate with contingency of 30%, engineering, administration, survey, permitting and construction administration services) F. Deliverables • Electronic (.pdf) of the Draft Drainage Master Plan. • Final Drainage Master Plan. Once approved by the City, Consultant will provide ten (10) originals of the Final Drainage Master Plan. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 15 of 27 • Recommended scope to expand the comprehensiveness of the stormwater master plan. Assumptions: • Citywide storm drain modeling is a significant cost item, not included in the City’s current budget, and therefore shall not be performed unless specifically required in certain parts of the City to identify flooding issues and project solutions. o Consultant effort will focus on surface flow modeling to identify areas of potential flood risk due to high tailwater elevations. Areas with flooding history where high tailwater conditions don’t appear to be the root cause will be assumed to be storm sewer or inlet deficiencies. • Future growth projections are not included in this scope. • Revising the existing hydraulic model for the riverine systems using the latest LiDAR topography is not included – only spot adjustments will be made where necessary. • Geoid 12B subsidence adjustments are not included. • Calibration of the models is not included; however, modeling will be verified against highwater marks and other flooding data collected. • The cost of hydraulic modelling software (if desired for purchase by the City) is not included in this task. • All costs will be tied to the Engineering News Record index for ease of adjustment in the future. • This study is not intended for any purpose other than the development of capital improvement projects. It is not intended to provide information for CLOMR, LOMR or any other FEMA map adjustments. • City to provide latest GIS-shapefile of available information on existing impervious cover within the city limits. If one is n ot available then additional scope and fee will be required to contract with a 3rd party vendor to provide impervious cover for all land within the limits of the impact fee study. • Current City models provided to the Consultant are stable and can be successfully run on current software. VI. ROADWAY AND MOBILITY MASTER PLAN (TASK 292) $519,500 A. Data Collection Consultant will submit a request to the City detailing the roadway data that is needed for the study. The data will include but is not limited to the following: • Major Thoroughfare plan – Consultant will coordinate with the City to obtain the latest thoroughfare plan. GIS shapefiles, databases, and layering information shall be provided if available. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 16 of 27 • Traffic Counts – The City shall provide data (current and historical) for roadway segments on the current Major Thoroughfare Plan. This task does not include collection of traffic counts. Traffic counts, if necessary, will be collected by the City under separate scope. • Corpus Christi MPO - Travel Demand Model Files for the regional transportation plan, GIS files, excel tables and TransCad Files. • Design Standards – Consultant will obtain street classification and design standards from City. • Historic Roadway Bid data – Consultant will obtain all available unit price data from City from projects completed in the last five (5) years. B. 10-Year Growth Projections and Infrastructure Capacity Criteria • Consultant will coordinate with City staff to determine land use categories to be included in the land use vehicle-mile equivalency table. • Consultant will identify the service units for new development and average trip length using the latest edition of the Institute of Transportation Engineer’s (ITE) Trip Generation Manual. Consultant will develop trip generation and pass-by trip rates. • Consultant will perform an analysis of existing conditions. This will include a determination of roadway capacities, volumes, vehicle miles of supply, vehicle miles of demand, existing excess capacity and existing deficiencies . The City shall provide information related to known deficiencies on the existing roadway network. • Consultant will project traffic conditions for the ten-year planning period, the target year for the impact fee growth projections. This will include grow th and new demand by service area. Consultant will determine the capacity available for new growth. C. 10-Year Growth Projections and Capacity Analysis • Consultant will assist the City to develop a Roadway Impact Fee Capital Improvement Plan, which includes cost projections for anticipated projects to be included in the study. The Roadway Impact Fee Capital Improvement Plan to Include existing oversized facilities and proposed facilities designed to serve future development. The Roadway Impact Fee Capital Improvement Plan shall include a general description of the project and project cost projection. Planning level cost projections for future projects will be prepared based on previous experience with roadway costs, capital improvement planning, and input from City staff. The City shall provide Consultant with actual City cost information for previously completed projects with excess capacity and any cost contributions to County or State projects. It is anticipated that these project costs will be reviewed by City staff and verified as reasonable costs for City capital projects. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 17 of 27 • Consultant to identify the portion of project improvements required to serve existing demand and the portion of project improvements required to serve new development within the 10-year planning period. Each project will include: • Project Name • Project Location • Project Type • Estimate of Probable Costs (Class 4 AACE estimate with contingency of 30%, engineering, administration, survey, permitting and construction administration services) • Percent of project required by existing needs versus growth D. Establish Roadway Service Area Boundaries Consultant, in coordination with the City, will develop roadway service area boundaries based on proposed growth projections for new development within City Limits. E. Deliverables • Electronic (.pdf) of the Draft Roadway Master Plan. • Final Roadway Master Plan. Once approved by the City, Consultant will provide ten (10) originals of the Final Roadway Master Plan. Assumptions: • No field survey, Subsurface Utility Engineering or Utility Coordination is included. • No field traffic data Traffic Counts will be collected to supplement the existing traffic data. • Synchro or VISSIM modeling is not included. • No updates to the Existing City of Corpus Christi Major Thoroughfare Plan will be performed. All results will be based on the existing Major Thoroughfare Plan. • Environmental Studies or Analysis are not included. • No Public Hearings or Public Meetings are included in this task. • No ROW Acquisition is included. VII. WATER IMPACT FEE STUDY (TASK 901) $51,800 Consultant will prepare an impact fee study in conformance with Chapter 395 of the Local Government Code and will include: A. Maximum Assessable Water Impact Fee Calculation Consultant will calculate the additional service units based on the Land Use Assumptions. Consultant will then calculate the Impact Fee per service unit, unit Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 18 of 27 equivalents by meter size and the Maximum Assessable Water Impact Fee table by meter size. Consultant will use either a rate credit or a 50% credit as outlined in Chapter 395 to determine the maximum assessable impact fee by service unit. B. Financial Analysis Using the impact fee eligible capital improvement costs and projected water usage, the financial subconsultant will calculate maximum assessable full cost recover impact fees for the designated ten (10) year period for water infrastructure and facilities. The financial subconsultant will provide forecasted cash flows for the maximum assessable impact fee for the ten (10) year period based on projected capital improvement program’s implementation schedule, if available, and the growth in projected service units. Consultant will work in conjunction with the financial subconsultant to incorporate t he Capital Improvement Plan. C. Water Impact Fee Study Report Consultant will provide both a draft and final Water Impact Fee Study Report. The report will include: • Water Service Area – reflecting the current CCN boundaries as well as any areas where future service is anticipated based on future development needs. • Narrative of the impact fee methodology • Impact fee calculations • Water impact fee CIP • Land use assumptions • Exhibits Note: It is assumed that the drafts of the impact fee study report will be sub mitted in .pdf format. D. Meetings The Capital Improvements Advisory Committee is required by Chapter 395 to review the Land Use Assumptions, Capital Improvement Plan and Impact Fee Calculation. The Advisory Committee will provide comments and input into eac h of those parts of the study. Finally, the Advisory Committee will make a recommendation to Council for the level of impact fee that might be considered for adoption. VIII. WASTEWATER IMPACT FEE STUDY (TASK 902) $47,600 Consultant will prepare an impact fee study in conformance with Chapter 395 of the Local Government Code and will include: Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 19 of 27 A. Maximum Assessable Wastewater Impact Fee Calculation Consultant will calculate the additional service units based on the Land Use Assumptions. Consultant will then calculate the Impact Fee per service unit, unite equivalents by meter size and the Maximum Assessable Wastewater Impact Fee table by meter size. Consultant will use either a rate credit of a 50% credit as outlined in Chapter 395 to determine the maximum assessable impact fee by service unit. B. Financial Analysis Using the impact fee eligible capital improvement costs and projected wastewater usage, the financial subconsultant will calculate maximum assessable full cost recover impact fees for the designate d ten (10) year period for wastewater infrastructure and facilities. The financial subconsultant will provide forecasted cash flows for the maximum assessable impact fee for the ten (10) year period based on projected capital improvement program’s impleme ntation schedule, if available, and the growth in projected service units. Consultant will work in conjunction with the financial subconsultant to incorporate the Capital Improvement Plan. C. Wastewater Impact Fee Study Report Consultant will provide both a draft and final Wastewater Impact Fee Study Report. The report will include: • Wastewater Service Area – reflecting the current CCN boundaries as well as any areas where future service is anticipated based on future development needs. • Narrative of the impact fee methodology • Impact fee calculations • Wastewater impact fee CIP • Land use assumptions • Exhibits Note: It is assumed that the drafts of the impact fee study report will be submitted in .pdf format. D. Meetings The Capital Improvements Advisory Committee is required by Chapter 395 to review the Land Use Assumptions, Capital Improvement Plan and Impact Fee Calculation. The Advisory Committee will provide comments and input into each of those parts of the study. Finally, the Advisory Committee will make a recommendation to Council for the level of impact fee that might be considered for adoption. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 20 of 27 IX. DRAINAGE IMPACT FEE STUDY (TASK 903) $54,100 As stated in V, this Stormwater Master Plan Update is being performed on a fast track basis, to meet the accelerated schedule and limited budget associated with developing CIP projects that address capacity deficiencies, as per the City’s drainage criteria. The City adopts a no adverse impact policy for new development; therefore, future growth is expected to not impact peak flows in existing drainage infrastructure. However, impacts due to additional wear and tear caused by increases in volume are expected due to added impervious cover caused by future growth. The impact due to increased volume of runoff caused by future growth is currently not being analyzed as part of this approach; however, upon substantial completion of this Fast Track SWMP, the Consultant can develop an additional scope of services to evaluate volumetric impacts due to future growth. Should the City decide to pursue the additional scope of services, this information would be used for the Drainage Impact Fee calculation, with the following scope of services. Consultant will prepare an impact fee study in conformance with Chapter 395 of the Local Government Code and will include: A. Maximum Assessable Drainage Impact Fee Calculation Consultant will calculate the additional service units based on the Land Use Assumptions and the total cost of the DIFIP. The impact fee calculation will be determined by the total cost of the DIFIP projects divided by the proposed added impervious cover for each watershed. Consultant will use a rate credit or a 50% credit as outlined in Chapter 395 to determine the maximum assessable impact fee by service unit. B. Drainage Impact Fee Study Report Consultant will provide both a draft and final Drainage Impact Fee Study Report. The report will include: • Drainage Service Area – reflecting the current watershed boundaries as well as any areas where future development is anticipated. • Narrative of the impact fee methodology • Impact fee calculations • Land use assumptions • Drainage Impact Fee Improvements Plan (DIFIP) • Exhibits Note: It is assumed that the drafts of the impact fee study report will be submitted in .pdf format. C. Meetings The Capital Improvements Advisory Committee is required by Chapter 395 to review the Land Use Assumptions, Capital Improvement Plan and Impact Fee Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 21 of 27 Calculation. The Advisory Committee will provide comments and input into each of those parts of the study. Finally, the Advisory Committee will make a recommendation to Council for the level of impact fee that might be considered for adoption. X. ROADWAY IMPACT FEE STUDY (TASK 904) $59,800 Consultant will prepare an impact fee study in conformance with Chapter 395 of the Local Government Code and will include: A. Maximum Assessable Impact Fee Calculation Using the 10-year growth projections, Consultant will determine the roadway impact fee capital improvement plan, and capacity available for new growth. Consultant will determine the cost of roadway improvements by service area, the maximum costs per service unit, and the resulting maximum assessible roadway impact fees by service area. Consultant will use a rate credit or a 50% credit as outlined in Chapter 395 to determine the maximum assessable impact fee by service unit. B. Financial Analysis Using the impact fee eligible capital improvement costs and projected roadway service units, the financial subconsultant will calculate maximum assessable full cost recover impact fees for the designated ten (10) year period for roadway facilities. The financial subconsultant will provide forecasted cash flows for the maximum assessable impact fee for the ten (10) year period based on projected capital improvement program’s implementation schedule, if available, and the growth in projected service units. Consultant will work in conjunction with the financial subconsultant to incorporate the Capital Improvement Plan. C. Roadway Impact Fee Study Report Consultant will provide both a draft and final Roadway Impact Fee Study Report. The report will include: • Roadway Service Areas • Narrative of the impact fee study methodology • Impact fee calculations • Roadway impact fee CIP • Land use assumptions • Exhibits Note: It is assumed that the drafts of the impact fee study report will be submitted in .pdf format. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 22 of 27 D. Meetings Consultant will facilitate meetings with City staff to discuss findings and any policy or guidelines applicable to the roadway impact fee and how implementation of the roadway impact fees work with in the City’s development guidelines. The Capital Improvements Advisory Committee is required by Chapter 395 to review the Land Use Assumptions, Capital Improvement Plan and Impact Fee Calculation. The Advisory Committee will provide comments and input into each of those parts of the study. Finally, the Advisory Committee will make a recommendation to Council for the level of impact fee that might be considered for adoption. XI. PUBLIC HEARINGS AND IMPLEMENTATION TOOLS (TASK 905) $78,200 A. Public Hearings It is anticipated that a representative from Consultant will prepare for and attend up to six (6) meetings during the public hearings and approval process. These anticipated meetings are as follows: • Each of the impact fees will require a public hearing for first, the land use assumptions and Capital Improvement Plan and second, for the impact fee. Depending on how the public hearings may be combined, this could be done in as few as 2 public hearing or 8 public hearings. B. Implementation Tasks • Upon final approval of the Impact Fee Study and new ordinance by the City Council, the Consultant will provide ten (10) copies of the Final Impact Fee Study Report, including land use assumptions, water, wastewater, drainage, roadway, and financial analysis components of the Impact Fee Study, along with an electronic (.pdf) copy of the Final Impact Fee Study Report. • In addition to the Final Impact Fee Study Report and new ordinance, Consultant shall develop a transition period plan. In developing the transition plan, the Consultant will evaluate the projects that were proposed to be funded through the Trust Fund and determine if they are “impact fee eligible.” If the project is impact fee eligible or growth-related, the Consultant will work with the City to determine the impact fee credit that the developer may be eligible for as determined in the impact fee calculation. Chapter 395 allows for impact fee credits, meaning that the developer would get credit for any contributions made toward a growth-related project identified in the Capital Improvement Plan. The transition period plan will identify the method and disposition of remaining funding within the Trust Fund’s balance for projects not impact fee eligible. The goal of the transition period is to draw down the Trust Funds’ balances to zero. • Upon City’s request, the Consultant will review the proposed Impact Fee Ordinance as prepared by the City Attorney. It is anticipated that the C ity Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 23 of 27 Attorney will require exhibits from the water, wastewater, drainage, and roadway Impact Fee Report to be included in the ordinance. • The Consultant will assist the City in the creation of an impact fee estimator spreadsheet to assist in calculating a de velopment’s water, wastewater, drainage, and roadway impact fees. XII. PUBLIC OUTREACH AND ENGAGEMENT (TASK 906) $126,900 A thoughtfully developed Public Engagement Plan will build on and enhance the City’s current communication efforts to help gain development community understanding of new impact fees by seeking their feedback and input at appropriate junctures in the master plan and impact fee study process. Given that impact fees are new to this community, early communication about why the City is seeking t his funding method, and how the impact fees will be developed will be critical. A. Develop and Implement a Public Engagement Plan Our team will develop a complete public engagement plan, and work with the City to support their implementation of the strategies. The public engagement plan will include the following components: 1. Situation analysis/environmental scan informed by research that identifies the areas and issues of which the city must be aware. It is used to support every element of the plan. 2. Stakeholder identification ensures key stakeholders are connected to the communication process and that we are leveraging partners that can be advocates. 3. Outreach strategies and tactics that help secure input and support from a broad spectrum of stakeholders, with an emphasis on the development community. 4. Recommended communication channels, tools and tactics that include a layered, multi-channel strategy to raise awareness. This includes suggestions for materials that could be developed for written and digital communication channels, presentations and infographics. 5. Messaging platform, timeline and distribution recommendations to provide clear, compelling and consistent messages that are also adaptable and flexible to accompany outreach. 6. Internal communication strategies that are designed to ensure employees are well-informed and can become effective brand ambassadors for the City on the issue of impact fees. 7. Workflow and tactical plan that ensures that the team (both City and consultant) understand roles and responsibilities for successful implementation. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 24 of 27 B. Advisory Group Meetings/Facilitation Pursuant to state code, the City is required to compose an advisory group to review key planning documents and decisions related to master plan and impact fee development. It is understood that the City will likely use the Planning Commission for this group. Raftelis will support City staff in the coordination of up to six (6) meetings for this group, including the development of an agenda, presentation materials, handouts, talking points, and facilitation of the meetings (assumed to be online), meeting summaries and a compilation of materials for sharing on the City’s website. It is assumed all four topics (water, wastewater, stormwater and roads) will be covered at each meeting. The four meetings of this group are likely to be centered on the following topics: 1. Kickoff and Land Use Meeting. In this first meeting, we will charter the group and provide a basic primer on what an impact fee is and how it contrasts with the trust fund. Second, we will explore and agree on land use assumptions for each of the four applications. 2. CIP Meeting. In this second meeting, we will share the land use assumptions we made from the last meeting and review and obtain input into the CIPs for each of the applications. 3. Impact Fee Meeting. In this third meeting, we will share the draft impact fees for each of the four applications and obtain feedback from the group. 4. Final Meeting. In this fourth meeting, we will share the final decisions of the staff and planned recommendations to be made to the City Council. C. Stakeholder Group Meetings/Facilitation In the setting of impact fees, there are some key groups (developers mostly) who will be negatively impacted and some key groups (to be determined) who may benefit from such a fee. It is important to bring this diverse group together in much the same way we bring the advisory group together to build their understanding of the need for the impact fee and to, potentially, minimize opposition to it. Just like the Advisory group meetings, Raftelis will support City staff in the coordination of up to four (4) meetings for this Stakeholder group, including the development of an agenda, presentation materials, handouts, talking points, and facilitation of the meetings (assumed to be online), meeting summaries and a compilation of materials for sharing on the City’s website. It is assumed all four topics (water, wastewater, stormwater and roads) will be covered at each meeting. The four meetings will cover the same topics as laid out for the Advisory group, and likely occur two to three weeks after them. It is noted that much of the materials developed for this meetings will be simila r to what is presented to the advisory group – and therefore, less prep time for each will be required. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 25 of 27 D. Public Engagement The management of drinking water, wastewater, stormwater and roads (mobility) has the potential to impact residents’ quality of life in a variety of ways, in some cases, dramatically. For that reason, some folks may have strong opinions about planned investments, whether their concern be centered around cost and affordability, environmental impacts, social justice or other. The point b eing people will care and in will want to weigh in on the process. For this opportunity, Raftelis will employ a digital engagement tool to facilitate public input from a variety of sources, to help meet them where they are, and give them a voice in the process. The tool Raftelis provides will be a customizable solution that will be incorporated seamlessly into the City’s website without additional programming on their end. E. Public Engagement Plan Execution Through this task, Raftelis will provide direct support to the City in the implementation of the public outreach strategies outlined in the plan in Task A, for the duration of the contract period. This may include development of bill inserts, text and imagery for website, social media posts, direct mail or other outreach tactics. This may also include, as needed, internal communication and the facilitation of up to four (4) interdepartmental meetings to help build a shared vision for the work and the outcomes of the project among staff of the four different disciplines. F. Deliverables: • A draft and final Public Outreach Plan including message platform and implementation schedule. • For all meetings or workshops described above, we will provide draft and final agenda, presentation materials (PPT), handouts, talking points, and facilitation of the meetings (assumed to be online), meeting summaries and a compilation of materials for sharing on the City’s website. • For Task 12.4, we will deliver a digital engagement tool that can be used to inform the public and collect input on a number of concepts. • For Task 12.5, we will provide a limited collection of materials for outreach such as bill inserts, text and imagery for website, social media posts, and direct mail. Assumptions: • The advisory group and stakeholder group are two different groups, where the advisory group is the planning commission and the stakeholder group is composed of some members who are negatively impacted by the fees and some who will benefit from the fees, and we will arrive at the composition of this second group together with staff. Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 26 of 27 • We will focus outreach work internally, first, prior to working with external audiences, to ensure all affected departments and staff are oriented to the project, its need, scope and desired outcomes and there is consensus and agreement on key elements, decision points, schedule and approach. • All meetings are virtual until its determined to be safe to meet in person and the majority of participants feel safe meeting in person (in which case, virtual accommodations will also be made). XIII. DIRECT EXPENSES (TASK 503) $121,100 Direct Expenses include reproduction, travel, express mail, special deliveries and subcontractor expenses related to these services. SUMMARY I. Project Management and Meetings Task 501 $152,700 II. Land Use Assumptions Task 590 $20,900 III. Water Master Plan Task 203 $210,800 IV. Wastewater Master Plan Task 290 $370,400 V. Stormwater Master Plan Task 291 $475,900 VI. Roadway and Mobility Master Plan Task 292 $519,500 VII. Water Impact Fee Study Task 901 $51,800 VIII. Wastewater Impact Fee Study Task 902 $47,600 IX. Drainage Impact Fee Study Task 903 $54,100 X. Roadway Impact Fee Study Task 904 $59,800 XI. Public Hearings, Approval, and Implementation Task 905 $78,200 XII. Public Outreach Task 906 $126,900 Subtotal $2,168,600 XIII. Direct Expenses Task 503 $121,100 Total: $2,289,700 Ms. Jennifer Rodriguez City of Corpus Christi – Master Planning and Impact Fee Study July 31, 2020 (rev. 09/03/2020; 09/29/2020) Page 27 of 27 COMPENSATION Basis of Compensation Pape-Dawson’s compensation for the above services is a lump sum in the amount of $2,289,700 for the services identified above. This figure includes Direct Expenses (defined above). We appreciate the opportunity to work with you on this project. Sincerely, Pape-Dawson Engineers, Inc. Kim S. Keefer, P.E. Managing Vice President Water/Wastewater Cara C. Tackett, P.E. Sr. Vice President O:\Marketing\Proposals\Letters\2020\2007\200729b4 (20-02725) SA R2.docx 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 B Page 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. EXHIBIT “D” Page 1 of 2 SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known)N/A 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name TitleN/A 3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or CommitteeN/A 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked on any matter related to the subject of this contract and has an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name ConsultantN/A Pape-Dawson Engineers, Inc. 2000 NW Loop 410 San Anonio, TX 78213 x EXHIBIT “D” Page 2 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a.“Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Cara C. Tackett, P.E.Sr. Vice President 09/18/2020 RFQ No. 3083 Master Planning and Impact Fee Study Jennifer Rodriguez Proposal Evaluation Pape Dawson Engineers Freese and Nichols 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 41 Firms' Experience (15 pts) Team's Experience (15 pts) Understanding of Project Scope (20 pts) INTERVIEW (50 PTS)43 43 Firms' Experience (15 pts) Team's Experience (15 pts) Understanding of Project Scope (20 pts) Total 86 84 PASS PASS DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Rudy Bentancourt, Director of Grant Monitoring RudyB@cctexas.com (361) 826-3021 CAPTION: Ordinance authorizing the acceptance of a grant from the Texas General Land Office - Community Development Block Grant Disaster Recovery to conduct a voluntary residential home buyout program for five to ten homes located in flood-prone areas throughout the City of Corpus Christi in an amount of $1,319,559.00; and appropriating $1,319,559.00 to the Community Development Block Grant Program Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of a grant from the Texas General Land Office (GLO) - Community Development Block Grant Disaster Recovery (CDBG-DR). This grant will allow the City to conduct a voluntary residential buyout program to buy residential homes located in flood-prone areas with the grant funds. The City will demolish the acquired homes and the vacant lots will remain as green space. BACKGROUND AND FINDINGS: On January 15, 2019, City Council approved a resolution authorizing the submittal of applications to the Texas GLO for the CDBG-DR grant for post-Harvey disaster related recovery efforts. In December 2019, the City received notification of approval from the GLO to conduct a voluntary residential buyout program for homes that are located in flood-prone areas throughout the City of Corpus Christi. The acquired funding for the buyout program will support the homeowners whose property resides in a mapped FEMA floodway and remain at high risk of flooding. This program will assist households with financial limitations due to the declined value of their real estate as it relates to the properties located in the flood zone. The City will advertise this program through its website and conduct community outreach activities. The CDBG-DR Voluntary Buyout Program Guidelines has the policies and procedures to participate in the buyout program. The properties purchased with the grant funding will be demolished and deed restricted to serve as green spaces. Acceptance and Appropriation of Funds from the Texas General Land Office Community Development Block Grant for the Disaster Recovery Residential Voluntary Buyout Program AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of February 9, 2021 Second Reading Ordinance for the City Council Meeting of February 16, 2021 ALTERNATIVES: An alternative is to not accept the grant. By doing so, households in flood-prone areas will continue to experience flooding during major rain events and hurricanes. FISCAL IMPACT: The fiscal impact in FY 2021 is the acceptance and appropriation of the grant in an amount of $1,319,559.00 to the Community Development Block Grant Fund. Funding Detail: Fund: Community Development Block Grant (Fund 1059) Amount: $1,319,559.00 RECOMMENDATION: Staff recommends approval of the ordinance. This grant will allow the City to conduct a voluntary residential buyout program to buy residential homes located in flood-prone areas with the grant funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Agreement Ordinance accepting the Community Development Block Grant – Disaster Recovery (“CDBG-DR”) grant from the Texas General Land Office (GLO) to conduct a voluntary residential buyout program for homes located throughout the City of Corpus Christi; appropriating $1,319,559.00 in the Community Development Grant Fund; adopting the City of Corpus Christi Voluntary Buyout Program Guidelines; and designating authorized signatories for contractual and financial documents pertaining to Grant Contract No. 20-066-017-C123. 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 the Community Development Block Grant Disaster Recovery (“CDBG-DR”) funding from the General Land Office in the amount of $1,319,559.00 to conduct a voluntary residential buyout program for homes located in flood-prone areas throughout the City of Corpus Christi. SECTION 2. $1,319,559.00 is appropriated in Fund No. 1059 Community Development Grant Fund. SECTION 3. The City of Corpus Christi Voluntary Buyout Program Guidelines, attached as Exhibit A, are adopted. SECTION 4. The City Manager, Assistant City Manager, Assistant City Managers and the City Manager’s designee are authorized to execute contractual documents between the Texas General Land Office and the City for the CDBG-DR Contract No. 20-066-017- C123. SECTION 5. The Director of Finance & Business Analysis, Controller and the City Manager’s designee are authorized to execute financial documents between the Texas General Land Office and the City for the CDBG-DR Contract No. 20-066-017-C123. 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 December 27, 2020 CDBG-DR Voluntary Buyout Program Guidelines City of Corpus Christi, TX 1 | P a g e Voluntary Buyout Program Guidelines | December 2020 Table of Contents §1.0.1 Background and Need ........................................................................................................................ 3 §2.0.1 Introduction ........................................................................................................................................ 3 §2.0.2 Acronyms and Definitions ................................................................................................................. 4 §2.1.1 Acronyms ....................................................................................................................................... 4 §2.1.2 Definitions...................................................................................................................................... 5 §3.0.1 Objectives ........................................................................................................................................ 14 §3.1.1 GLO Housing Guidelines ............................................................................................................. 14 §3.2.1 Affirmatively Furthering Fair Housing ........................................................................................ 14 §4.0.1 Project Design .................................................................................................................................. 16 §4.1.1 Eligible Costs ............................................................................................................................... 16 §4.1.2 End Use of Real Property Acquired ............................................................................................. 16 §4.2.1 National Objective Methodology ................................................................................................. 16 §4.2.2 70% LMI Requirement ................................................................................................................ 17 §4.2.3 Income Certification Process ....................................................................................................... 18 §4.2.4 Needs Assessment Methodology ................................................................................................. 18 §4.3.1 Buyout Target Area ...................................................................................................................... 18 §4.3.1a Identification of Buyout Areas ............................................................................................... 18 §4.3.2 Eligible Property Types for Buyout Assistance ........................................................................... 18 §4.3.3 Program Marketing ...................................................................................................................... 19 §4.3.3a Affirmative Marketing Plan (AMP) ....................................................................................... 19 §4.3.4 Timelines and Notices .................................................................................................................. 21 §4.4.1 Environmental Clearance Requirements ...................................................................................... 22 §4.4.2 Environmental Review Processes ................................................................................................ 22 §4.5.1 Application Prioritization ............................................................................................................. 23 §4.5.1a Contiguous Tracts of Land for Open Space and Vacant Parcels ............................................ 23 §4.6.1 Applicant Data ............................................................................................................................. 23 §4.6.1a Household Demographic Information .................................................................................... 24 §4.6.2 Record Keeping and Retention Period ......................................................................................... 24 §4.7.1 Verification of Eligibility ............................................................................................................. 24 §4.7.2 Verification of Storm Impact and Proof of Damage (Tie-Back) ................................................. 24 §4.7.3 Conflict of Interest Policy ............................................................................................................ 25 §4.7.4 Documentation Signatures and False Claim Language................................................................ 25 2 | P a g e Voluntary Buyout Program Guidelines | December 2020 §4.7.5 Proof of Ownership ...................................................................................................................... 25 §4.7.5a Applicants Unable to Clear Title ............................................................................................ 26 §4.7.5b Subsequent Owners ................................................................................................................ 26 §4.7.5c Gift of Property ...................................................................................................................... 26 §4.7.5d Properties Owned by Estates or Business Entities ................................................................. 27 §4.7.6 Proof of Property Taxes ............................................................................................................... 27 §4.7.7 Proof of Non-Delinquent Child Support ...................................................................................... 27 §4.7.8 Second Homes ............................................................................................................................. 27 §4.7.9 Duplication of Benefit Verification ............................................................................................. 27 §4.7.9a SOP for Open Insurance Claims and Pending Litigation ....................................................... 28 §4.7.9b SBA Loans ............................................................................................................................. 28 §4.7.10 Flood Insurance Requirement Review (FEMA Non-Compliance) ............................................ 28 §4.7.11 Citizenship and Eligible Immigrants .......................................................................................... 29 §4.7.12 Ineligibility Determinations and Notifications ........................................................................... 29 §4.8.1 Award Calculations and Incentives .............................................................................................. 29 §4.8.2 Program Caps ............................................................................................................................... 29 §4.8.3 Eligible Costs at Closing .............................................................................................................. 29 §4.8.4 Valuation Process ......................................................................................................................... 30 §4.8.4a Appeal of the Valuation ......................................................................................................... 30 §4.8.5 Uniform Offer Calculation Methodology .................................................................................... 30 §4.8.6 Incentive Payment Eligibility Verification .................................................................................. 32 §4.9.1 Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) .................. 33 §4.9.2 Anti-Displacement and Relocation Plan ...................................................................................... 33 §4.10.1 Complaint and Appeal Process .................................................................................................. 38 §4.10.2 Case Management Services ....................................................................................................... 38 §4.10.2a Other Languages and Disabilities ......................................................................................... 39 §4.11.1 Applicant Closings (Real Estate Settlement) ............................................................................. 39 §4.11.1a Foreclosures and Short Sales .................................................................................................... 39 §4.11.2 End-Use Restrictions ................................................................................................................. 40 §4.12.1 Demolition of Structures ............................................................................................................ 40 §4.13.1 File Closeout .............................................................................................................................. 40 §4.13.2 Audit Requirements ................................................................................................................... 41 §5.0.1 Public Comment ............................................................................................................................... 42 3 | P a g e Voluntary Buyout Program Guidelines | December 2020 §1.0.1 Background and Need The hurricane season of 2017 proved to be the most expensive in United States history, impacting families from Puerto Rico to Florida and across the Texas coast. Hurricane Harvey made landfall on August 25, 2017, between Port Aransas and Port O’Connor as a Category 4 hurricane with sustained winds over 130 mph. After initial impact, Hurricane Harvey’s winds began to decrease, but due to two high-pressure systems to the east and west, it remained fixed over the Texas coast for the next 4 days. During this period, as much as 60 inches of rain fell over the impacted area. The General Land Office (GLO) estimates the cost of damages from Hurricane Harvey at $120 billion, making it the costliest event in U.S. history. The hurricane shut down ports, trade, tourism, oil and gas production, agricultural production, and general businesses across most of the Texas coast, for almost a week and, in some cases, significantly longer. Hurricane Harvey made landfall on the Central Texas coast as a Category 4 storm on August 25, 2017, according to the National Hurricane Center, which warned of catastrophic flooding from the storm surge and torrential rains. The eye of the storm swept ashore with 130-mile-per-hour winds about 9:45 p.m. between Port Aransas and Port O’Connor, just northeast of Corpus Christi. But as the center of the storm moved to the northeast toward Victoria and other inland cities, the danger was just starting. Harvey made landfall, later, the storm made a second landfall — on the Northeastern Shore of Copano Bay. The hurricane was downgraded to a Category 3, with 125 m.p.h. winds. Within an hour of landfall, there were reports of major damage in Corpus Christi and north of there. The storm surge peaked between 9 to 13 feet above ground level in the Corpus Christi area. With rainfall, totaling as much as 40 inches. Due to the slow motion of Harvey and a prolonged period of onshore flow, water levels remained elevated for several days. Among the damage that was expected to trail Hurricane Harvey: downed walls and power lines, roofless businesses and unanchored mobile homes. Electricity could be unavailable for weeks. According to FEMA Individual Assistance (FEMA-IA) data, the City of Corpus Christi housing received $6,619,866.66 in FEMA Verified Loss (FEMA-FVL). Over 44,000 households applied for FEMA-IA of which 468 homes were deemed to be rental properties at the time of the storm. §2.0.1 Introduction In response to the damage caused by Hurricane Harvey and other natural disasters that occurred across the nation in 2017, the U.S. Congress appropriated $28 billion in Federal Fiscal Year 2018 funds for the Community Development Block Grant-Disaster Recovery (CDBG-DR) program through Public Law 113-2. Enacted on January 29, 2013, this law stipulates that these funds be used for the following recovery efforts:“…for necessary expenses for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long- term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a major declared disaster that occurred in 2017 (except as otherwise provided under this heading) pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That funds shall be awarded directly to the State, unit of general local government, or Indian tribe (as such term is defined in section 102 of the Housing and Community Development Act of 1974) at the discretion of the Secretary…” Ultimately, HUD determined that the portion of the entire allocation that would be granted to the State of Texas would be $5.024 billion in Federal Register Volume 82 Number 28. Subsequent to this 4 | P a g e Voluntary Buyout Program Guidelines | December 2020 determination, the State of Texas developed a framework for locally administrated CDBG-DR buyouts and acquisitions under the umbrella of its Local Buyout and Acquisition Program. This program was described along with several other disaster recovery initiatives as outlined in the State of Texas Action Plan for Community Development Block Grant Program Disaster Recovery (“Action Plan”). The Local Buyout and Acquisition Program is designed to assist Texans whose homes were damaged by Hurricane Harvey. Following a framework created by the State of Texas, communities that were allocated funds for buyouts/acquisitions will aim to purchase homes that were impacted by Hurricane Harvey. Communities received allocations under a formal Method of Distribution Process (“MOD”) organized and administrated by regional Counsels of Governments (“COGs”). To receive a buyout/acquisition allocation, COGs must have determined that localities had more than one million dollars of housing need that could be addressed through buyout/acquisition program activities. The City of Corpus Christi received an allocation totaling to $1,319,559.00 through the Coastal Bend Council of Government (CBCOG) MOD. §2.0.2 Acronyms and Definitions §2.1.1 Acronyms Acronym Name AA Allowable Activities ABFE Advisory Base Flood Elevations BFE Base Flood Elevation CDBG Community Development Block Grant CRS Community Rating System DHAP Disaster Housing Assistance Program DRGR Disaster Recovery Grant Reporting System DOB Duplication of Benefit ECR Estimated Cost of Repair FMV Fair Market Value FEMA Federal Emergency Management Agency GLO State of Texas General Land Office HQS Housing Quality Standards HUD Department of Housing and Urban Development 5 | P a g e Voluntary Buyout Program Guidelines | December 2020 IFB Invitation for Bid IRS Internal Revenue Service LEP Limited English Proficiency LMA Low to Moderate Area LMI Low to Moderate Income MPS Minimum Property Standards MBE Minority Business Enterprise NEPA National Environmental Policy Act NFIP National Flood Insurance Program OIA Office of Internal Audit OIG HUD Office of Inspector General PCB Policy Change Control Board POA Power of Attorney QA Quality Assurance QC Quality Control QPR Quarterly Performance Report RV Recreational Vehicle REO Real Estate Owned Property RFP Request for Proposal RFQ Request for Qualifications RE Responsible Entity RL Repetitive Loss SAVE Systematic Alien Verification for Entitlements SBA Small Business Administration SEQR State Environmental Quality Review Act SFHA Special Flood Hazard Area SOW Scope of Work SRL Severe Repetitive Loss SSC Site Specific Checklist SSDI Social Security Disability Income TSA Transitional Shelter Assistance UGLG Units of General Local Government URA Uniform Relocation Act §2.1.2 Definitions 100- Year Floodplain: Also referred to as ‘base flood.’ This term, adopted by the NFIP as the basis for mapping, insurance rating, and regulating new construction, is the flood plain that would be inundated in the event of a 100-year flood. The 100-year floodplain has a one percent chance of sustaining equaled or exceeded inundation during any given year. Advisory Base Flood Elevations (ABFE): Provide a better picture of current flood risk than the existing Flood Insurance Rate Maps (FIRMs), which in some cases are more than 25 years old. 6 | P a g e Voluntary Buyout Program Guidelines | December 2020 The new ABFEs are the recommended elevation of the lowest floor of a building. State law, some communities, and the Residential Building Code may require that the lowest floor be built above the ABFE. The ABFEs are based on Federal Emergency Management Associations (FEMA) coastal studies that were completed before Hurricane Sandy. The studies include data that has been collected and analyzed over a number of years. Though advisory now, eventually information used to develop the ABFEs will be incorporated into official FIRMs. Base Flood Elevation (BFE): The elevation that waters from a 100-year flood will reach. Bi-Party Agreement: Document between the Contractor and the Property owner that states the responsibilities of both parties before, during and after construction. Change Orders: Modifications to the Scope of Work required due to unforeseen circumstances. Community Development Block Grant (CDBG): A federal program administered by the US Department of Housing & Urban Development (HUD) which provides grant funds to local and state governments. The CDBG program works to ensure decent affordable housing, to provide services to the most vulnerable in our communities, and to create jobs through the expansion and retention of businesses. Condominium: A building or complex in which units of property, such as apartments, are owned by individuals and common parts of the property, such as the grounds and building structure, are owned jointly by the unit owners. Condominium Association: The entity made up of the unit owners responsible for the maintenance and operation of: o Common elements owned in undivided shares by unit owners o Other real property in which the unit owners have use rights Contract for Deed (also referred to as a Lease Purchase Agreement): Legal document that establishes items to be met in order for the deed to a piece of property to transfer from one person to another, usually in exchange for monthly payments until the purchase price has been paid. Conveyance: The act of transferring an ownership interest in a property from one party to another. Conveyance also refers to the written instrument, such as a deed or lease, that transfers legal title of a property from the seller to the buyer. Cooperative apartments (Coops): Owner owns stock in the corporation that owns the apartment building. The building then “leases” the cooperative apartment to the buyer under a long-term proprietary lease. Coop owners pay monthly maintenance to the building corporation for items such as the expenses of maintaining and operating the building property, property taxes and the underlying mortgage on the building (if any). Department of Housing and Urban Development (HUD): Federal department through which the 7 | P a g e Voluntary Buyout Program Guidelines | December 2020 Program funds are distributed to grantees. Disaster Recovery Grant Reporting System (DRGR): The Disaster Recovery Grant Reporting system was developed by HUD's Office of Community Planning and Development for the Disaster Recovery CDBG program and other special appropriations. Data from the system is used by HUD staff to review activities funded under these programs and for required quarterly reports to Congress. Disaster Risk Reduction Area: A geographic area outside of a floodplain and/or floodway that a grantee or subrecipient can target for pre-storm FMV buyouts. To create a Disaster Risk Reduction Area (“DRRA”), the purchasing agency must prove (1) The hazard was caused or exacerbated by the Presidentially declared disaster for which the grantee received its CDBG–DR allocation; (2) The hazard must be a predictable environmental threat to the safety and well-being of program beneficiaries, as evidenced by the best available data and science; and (3) The Disaster Risk Reduction Area must be clearly delineated so that HUD and the public may easily determine which properties are located within the Disaster Risk Reduction Area. See Federal Register Vol. 80 No. 222. Duplex: A residential structure consisting of two separate dwelling units, side by side or one above the other. Duplication of Benefit (DOB): Any payments the Property owner received for disaster assistance for the same loss that the Program is providing assistance. A duplication occurs when a beneficiary receives assistance from multiple sources for a cumulative amount that exceeds the total need for a particular recovery purpose. The amount of the duplication is the amount of assistance provided in excess of need. Earth Movement: Is a FEMA term where there are shifts to land caused by landslide, slope failure, saturated soil mass moving by liquidity down a slope, or sinking of the earth. Elderly Person: [24 CFR 891.205] An elderly person is a household composed of one or more persons at least one of whom is 62 years of age or more at the time of initial occupancy. Environmental Review Record (ERR): A permanent set of files containing all documentation pertaining to the environmental review compliance procedures conducted and environmental clearance documents Environmental Code: Properties located where federal assistance is not permitted are ineligible for Program assistance. Properties must be in compliance with Environmental Code 24 CFR Part 58. Estimated Cost of Repair (ECR): Provides an estimate of the basic costs needed to repair the home. Person with Disabilities: [24 CFR 5.403]. A person with disabilities for purposes of program eligibility: 1. Means a person who: 8 | P a g e Voluntary Buyout Program Guidelines | December 2020 i. Has a disability, as defined in 42 U.S.C. 423; ii. Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or iii. In the case of an individual who has attained the age of 55 and is blind, inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he/she has previously engaged with some regularity and over a substantial period of time. For the purposes of this definition, the term blindness means central vision acuity of 20/200 or less in the better eye with use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for the purposes of this paragraph as having a central visual acuity of 20/200 or less. ii. Is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment that: i. Is expected to be of long-continued and indefinite duration, ii. Substantially impedes his or her ability to live independently, and iii. Is of such a nature that the ability to live independently could be improved by more suitable housing conditions; or iv. Has a developmental disability, as defined in Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(8)) Federal Emergency Management Agency (FEMA): An agency of the United States Department of Homeland Security. The agency's primary purpose is to coordinate the response to a disaster that has occurred in the United States and that overwhelms the resources of local and state authorities. Fair Market Value: The hypothetical price that a willing buyer and seller will agree upon when they are acting freely, carefully, and with complete knowledge of the situation. Garden Apartments: Multi-unit apartment complexes usually located on one or two stories with the entrances to individual apartments contained along a common walkway. These complexes usually have a common off-street parking lot as well as other common public spaces. Gift of Property: A form of property transfer without exchange or payment. Grantee: The term ‘‘grantee’’ refers to any jurisdiction receiving a direct award from HUD under Notice FR–5696–N–01. Housing Quality Standards: HUD minimum standards for housing programs. HQS standards apply to the building and premises, as well as the unit. The City is required by HUD regulations to inspect the unit to ensure that is "safe, decent and sanitary. 9 | P a g e Voluntary Buyout Program Guidelines | December 2020 Invitation for Bid (IFB): The method used for the sealed bid process. IFBs usually include a copy of the specifications for the particular proposed purchase, instructions for preparation of bids, and the conditions of purchase, delivery and payment schedule. The IFB also designates the date and time of bid opening. Internal Revenue Service (IRS): Federal department responsible for tax collection and tax law enforcement. Limited English Proficiency (LEP): A designation for person that are unable to communicate effectively in English because their primary language is not English and they have not developed fluency in the English language. A person with Limited English Proficiency may have difficulty speaking or reading English. An LEP person will benefit from an interpreter who will translate to and from the person’s primary language. An LEP person may also need documents written in English translated into his or her primary language so that person can understand important documents related to health and human services. Lost Ownership: Property owners who lost ownership of their homes due to foreclosure, or are pending foreclosure, are ineligible for Program assistance. Low-to-Moderate Income (LMI): Low to moderate income people are those having incomes not more than the “moderate-income’ level (80% Area Median Family Income) set by the federal government for the HUD assisted Housing Programs. This income standard changes from year to year and varies by household size, county and the metropolitan statistical area. Verify 70% Low-to-Moderate Area (LMA): An area in which 51% of the individuals are at or below 80 % of the area median income (AMI), and the public benefit of HUD funded activities are determined to benefit the entire benefit area. Minority Business Enterprise (MBE): A business that is owned and controlled (minimum of 51 percent ownership) by a member of a minority group. Mixed-Status Family: Is a family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status. National: A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession. Noncitizen: A person who is neither a citizen nor a national of the United States. National of the United States: A non-US citizen who holds allegiance to the US is not considered an alien. For practical purposes, this describes a few people who live on some islands in the South Pacific. National Environmental Policy Act (NEPA): Establishes a broad national framework for protecting the environment. NEPA's basic policy is to assure that all branches of government give proper consideration to the environment prior to undertaking any major federal action that could significantly affect the environment. 10 | P a g e Voluntary Buyout Program Guidelines | December 2020 National Flood Insurance Program (NFIP): Created by Congress in 1968 to reduce future flood damage through floodplain management and to provide people with flood insurance through individual agents and insurance companies. FEMA manages the NFIP. Notice of Opportunity to Rescind: The Property owner has 3 business days to rescind the contract signing. On the fourth business day, the Property owner signs the form to either rescind the contract or to move forward with the program. HUD Office of Inspector General (OIG): OIG’s mission is independent and objective reporting to the Secretary and the Congress for the purpose of bringing about positive change in the integrity, efficiency, and effectiveness of HUD operations. The Office of Inspector General became statutory with the signing of the Inspector General Act of 1978 (Public Law 95-452). Policy Change Control Board (PCB): will review the change, and approve or deny the proposed changes as they believe appropriate. The PCB will evaluate Cost, Scope and Schedule prior to making any policy changes. The PCB will be represented by Public Relations, Training, Information Technology, Anti-Fraud Waste and Abuse, QA, Contracting & Procurement, Federal Compliance and Program Directors. Power of Attorney (POA): An authorization to act on someone else's behalf in a legal or business matter. Purchase Contracts: Contract for deed is not eligible unless the Property owner converts his/her contract to full ownership prior to receiving funding assistance from the program. Quality Assurance (QA): Planned and systematic production processes that provide confidence that the policy and procedures of the Program are being executed as planned. Quality Control (QC): Testing to ensure that the policy and procedures of the Program are being executed as planned. Quarterly Performance Report (QPR): Each grantee must submit a QPR through the DRGR system no later than 30 days following the end of each calendar quarter. Within 3 days of submission to HUD, each QPR must be posted on the grantee’s official web site. Recreational Vehicle (RV): A motorized wheeled vehicle used for camping or other recreational activities. Repair: The labor, materials, tools, and other costs of improving buildings, other than minor or routine repairs. Repetitive Loss: Property is any insurable building for which two or more claims of more than $1,000 were paid by the National Flood Insurance Program (NFIP) within any rolling ten-year period, since 1978. A RL may or may not be currently insured by the NFIP. Request for Proposal (RFP): A procurement document designed to solicit proposal services where cost is considered as a factor. 11 | P a g e Voluntary Buyout Program Guidelines | December 2020 Request for Qualifications (RFQ): A procurement document designed to solicit a quote for services defined. Responsible Entity (RE): Under 24 CFR Part 58, the term “responsible entity” (RE) means the grantee receiving CDBG assistance. The responsible entity must complete the environmental review process. The RE is responsible for ensuring compliance with NEPA and the Federal laws and authorities has been achieved, for issuing the public notification, for submitting the request for release of funds and certification, when required, and for ensuring the Environmental Review Record (ERR) is complete. Reverse Mortgage: A special type of home loan that lets a Property owner convert the equity in his/her home into cash. To qualify, the Property owner must be at least 62 years of age, must occupy the property as their principal residence, and must have sufficient equity in the property. Real Estate Owned Property (REO): A property owned by a lender—typically a bank, government agency, or government loan insurer—after an unsuccessful sale at a foreclosure auction. Second Home: If a second home is not rented out at any time during the year, it is a second home regardless of if it is used by the household or not. If a home is rented out part of the year and the owner uses the home more than 14 days or more than 10 percent of the number of days during the year that the home is rented, then it is a second home. If a home is rented out for part or all of the year and the owner does not use the home long enough then it is rental property and not a second home. Severe Repetitive Loss: A property that is covered under an NFIP flood insurance policy and (a). has at least four NFIP claim payments (including building and contents) over $5,000 each, and the cumulative amount of such claims payments exceeds $20,000, and (b). for which at least two separate claims payments (building payments only) have been made with the cumulative amount of the building portion of such claims exceeding the market value of the building. For both (a) and (b), at least two of the reference claims must have occurred within any ten-year period, and must be greater than 10 days apart. Short Sale: When a financially distressed homeowner sells their property for less than the amount due on the mortgage. The buyer of the property is a third party (not the bank), and all proceeds from the sale go to the lender. The lender either forgives the difference or gets a deficiency judgment against the borrower requiring him or her to pay the lender all or part of the difference between the sale price and the original value of the mortgage. In some states, this difference must legally be forgiven in a short sale. Site Specific Checklist (SSC): The environmental compliance checklist that is required to document environmental clearance before Federal funds are permitted to be awarded. Slum and Blight: “Blighted area” and “slum” mean an area in which at least seventy per cent of the parcels are blighted parcels and those blighted parcels substantially impair or arrest the sound growth of the state or a political subdivision of the state, retard the provision of housing accommodations, constitute an economic or social liability, or are a menace to the public health, 12 | P a g e Voluntary Buyout Program Guidelines | December 2020 safety, morals, or welfare in their present condition and use Small Business Administration (SBA): SBA’s Office of Disaster Assistance (ODA) provides affordable, timely and accessible financial assistance to Property owners, renters, and businesses. The SBA low-interest, long-term loans are the primary form of federal assistance for the repair and rebuilding of non-farm, private sector disaster losses. Special Flood Hazard Area (SFHA): The base floodplain displayed on FEMA maps. It includes the A and V zones. Scope of Work (SOW): The Scope of Work will be prepared after a thorough on-site inspection and documented into a project specific work write-up report. The work write-up will identify needed repairs to bring the home up to the Program’s minimum property standards. Subordination Agreement: A written contract in which a lender who has secured a loan by a mortgage or deed of trust agrees with the property owner to subordinate the earlier loan to a new loan (thus giving the new loan priority in any foreclosure or payoff). Subrogation: The process by which duplicative assistance paid to the Property owner after receiving an award are remitted to the Program in order to rectify a duplication of benefit. Substantial Damage: Occurs when a property sustains damages that equal or exceed 50 percent of its Fair Market Value (FMV) prior to the event, as determined by a local authorized official (e.g., a code officer) and is sent a Substantial Damage Letter, or if the ECR/AA value (minus elevation and bulkheads costs) meets or exceeds 50 percent of the Program cap. Systematic Alien Verification for Entitlements (SAVE): Is a web-based service that helps federal, state and local benefit-issuing agencies, institutions, and licensing agencies determine the immigration status of benefit Property owners so only those entitled to benefits receive them. TIGR: The central electronic grants management system that the State has chosen to use for the Program. Trust: A legal vehicle to hold property subject to certain duties and to protect it for another individual(s). Two-Family Homes: Owner occupying one unit and a tenant occupying the other. Uniform Relocation Act (URA): A federal law that establishes minimum standards for federally funded programs and projects that require the acquisition of real property (real estate) or displace persons from their homes, businesses, or farms. Urgent Need Objective: Under the disaster recovery federal regulations, HUD has determined that an urgent need exists within the Presidentially Declared counties. An urgent need exists because existing conditions pose serious and immediate threat to health/welfare of community, the existing conditions are recent or recently became urgent (typically within 18 months), and the sub- grantee or state cannot finance the activities on its own because other funding sources are not available. All Property owners which cannot meet the LMI National Objective will be placed into 13 | P a g e Voluntary Buyout Program Guidelines | December 2020 the Urgent Needs category. 14 | P a g e Voluntary Buyout Program Guidelines | December 2020 §3.0.1 Objectives §3.1.1 GLO Housing Guidelines The primary focus of the City of Corpus Christi’s housing buyout program is to provide relief for survivors affected by an event while complying with all CDBG-DR requirements and addressing recognized impediments to fair housing choice as required under the Fair Housing Act. Assistance will be provided to survivors under activities related to buyout/acquisition, resettlement and housing incentives, and social equity incentives. The buyout program will aim to meet the following objectives (please reference section 4.5.1 for further prioritization): • Efficiently remove repetitive loss, severe repetitive loss, and otherwise vulnerable housing from regulatory floodways while assisting homeowners with the process of purchasing safe replacement homes outside of the areas of hazard. • Prioritize households in which members are under the age of 18, female heads of household, elderly and disabled households, households which are LMI income eligible, and/or Veteran populations while affirmatively furthering fair housing. • Emphasize replacement housing choices and designs to reduce maintenance and insurance costs, as well as provide the provision of independent living options. The intent of the buyout program is to identify and buy out properties in the most impacted areas within the city limits. The intent is not to create a checkerboard effect which will be taken into consideration with the buyout program. §3.2.1 Affirmatively Furthering Fair Housing The City of Corpus Christi is committed to affirmatively furthering fair housing through established affirmative marketing policies. The City has selected areas impacted by the storm that have been designated as target buyout areas (Attachment A-City of Corpus Christi City Limits). The goal of Affirmatively Furthering Fair Housing rule is to provide additional opportunity areas where racial and ethnics minorities may benefit from Federal, State, and Local resources that may not have been historically available. One Condition place on the City of Corpus Christi during the GLO AFFH review of the intended Buyout program was: Buyout applicants that are not already identified in the DRRA map should be kept in a separate applicant/participant log with all applicants with the amount of the award in each area (acquisition, relocation assistance and Homebuyer Assistance), and, where possible, the race or ethnicity of the applicant (since this is generally voluntary information, if it is not obtainable, that should be indicated) for each applicant whether awarded or not. Personally Identifiable Information should not be included (social security numbers, driver’s license information or mortgage information) as it is not relevant for this review. A log of this nature will expedite the review for GLO monitors or outside parties to ensure the program is in keeping with the goals of the Affirmatively Furthering Fair Housing Final Rule. The City, either on its own or through a Program Manager will be responsible for the development of this list and, prior to awards being made, the City will analyze the list to ensure that the applicants involved, where possible in the buyout target area, are in conformance, at a minimum, to the overall population demographics of the City. In the event that there are not sufficient racial and/or ethnic minorities on the application list or participating in the program, the City will provide additional outreach within the target areas or provide certification that every property owner in the target has been 15 | P a g e Voluntary Buyout Program Guidelines | December 2020 contacted at a personal level (see Section 4.3.3a) and has chosen not to participate. In the event that the racial and ethnic participation cannot be achieved within the 70% LMI program requirements, the incomes of those who do not meet the LMI requirement will be included in the list maintained by the City and added as an exhibit to the certification. Corpus Christi is committed to affirmatively furthering fair housing through established affirmative marketing policies. The City’s affirmative marketing efforts for the disaster funding will include the following: • An Affirmative Fair Housing Marketing Plan, based on HUD regulations, will be followed by the Subrecipient. The plan includes items on GLO's checklist to affirmatively market units financed through the Program. The procedures cover dissemination of information, technical assistance to applicants, project management, reporting requirements, and project review. • The goal is to ensure that outreach and communication efforts reach eligible survivors from all racial, ethnic, national origin, religious, familial status, the disabled, “special needs,” and gender groups. Notification to these populations will include: o Information regarding their eligibility for the buyout program and a summary of what the program does o Encouragement to apply for the buyout program o Given the opportunity to relocate to an area of their choice • Emphasis will be focused on successful outreach to LMI areas and those communities with minority concentrations that were affected by the disaster. Outreach efforts will include door- to- door canvassing and special outreach efforts to hard-to-reach populations (e.g., seniors, and persons with severe disabilities who either do not have information about the resources available or are unable to apply for resources). • In addition to marketing through widely available media outlets, efforts may be taken to affirmatively market the CDBG-DR Program as follows: o Advertise with the local media outlets, including newspapers and broadcast media, that provide unique access for persons who are considered members of a protected class under the Fair Housing Act; o Include flyers in utility and tax bills advertising the Program; o Reach out to public or non-profit organizations and hold/attend community meetings; and o Other forms of outreach tailored to reaching the eligible population, including door-to- door outreach, and on the weekends, if necessary. o Measures will be taken to make the Program accessible to persons who are considered members of a protected class under the Fair Housing Act by holding informational meetings in buildings that are compliant with the Americans with Disabilities Act (ADA), providing sign language assistance when requested, and providing special assistance for those who are visually impaired when requested. • Applications and forms will be offered in English and other languages prevailing in the region in accordance with Title VI of the Civil Rights Act of 1964, including persons with disabilities (24 CFR 8.6), Limited English Proficiency (LEP), and other fair housing and civil rights requirements such as the effective communication requirements under the Americans with Disabilities Act. Every effort will be made to assist such applicants in the application process. • Case managers will help navigate and inform survivors who may qualify for acquisition and buyout of their damaged unit to remove them from flood hazards, environmental hazards, and other unsafe conditions while meeting AFFH obligations. • Documentation of all marketing measures used, including copies of all advertisements and 16 | P a g e Voluntary Buyout Program Guidelines | December 2020 announcements, will be retained and made available to the public upon request. • The Subrecipient will use the Fair Housing logo in Program advertising, post Fair Housing posters and related information and, in general, inform the public of its rights under Fair Housing regulations law. §4.0.1 Project Design §4.1.1 Eligible Costs The City of Corpus Christi’s buyout program will concentrate its efforts on increasing regional resiliency by removing residential dwelling units from the most dangerous flood-prone areas in its jurisdiction. The process will involve several costs, both direct costs and administrative/delivery costs, to ensure the project’s activities will meet all applicable federal, state, and local guidelines. The City anticipates the following eligible costs that will be paid through the allocation: • Home purchase costs • Home demolition and disposal costs • Housing incentive costs • Environmental services (Tier I and Tier II) costs • Appraisal costs • Title/legal/escrow costs • Case Management costs • Program management and administrative costs Paying costs related to these line items will be considered lawful and eligible uses of the City’s buyout allocation. §4.1.2 End Use of Real Property Acquired Any real property acquired through this buyout program will result in the land remaining open green space in perpetuity. Reconstruction may NOT occur on lots in these areas; lots will be maintained as flooding buffer zones or other non-residential/commercial uses. The purchase of vacant land in which a structure was in place during the storm in buyout areas is permissible, subject to the application prioritization process (see §4.5.1). §4.2.1 National Objective Methodology All program activities must meet one of the three National Objectives required under the authorizing statute of the CDBG program. The CDBG-DR Buyout Program will principally provide assistance to those households meeting the LMI objective. When the Property owner does not meet the definition of the LMI Objective, eligibility for assistance will be provided through the Urgent Need Objective. In determining income, the program will use the most recent signed federal income tax returns (e.g., IRS Forms, 1040, 1040A or 1040EZ). If one or all household members do not have an IRS tax return, or the income situation has changed since the tax return(s) was filed, any of the following applicable documents must be presented for every household member that is 18 or older: • Minimum of three current and consecutive months of check stubs (if the household member is paid monthly) • Minimum of four current and consecutive check stubs (if the household member is paid weekly, 17 | P a g e Voluntary Buyout Program Guidelines | December 2020 bi-weekly or bi-monthly) • Pension statement showing current monthly or yearly gross amount • Social Security statement or IRS Form1099 • Unemployment statement • Certification of Zero Income Form • Completed Household Income Worksheet and Certification Under the disaster recovery federal regulations, HUD has determined that an urgent need exists within the Presidentially Declared counties. An urgent need exists because existing conditions pose serious and immediate threat to health/welfare of community, the existing conditions are recent or recently became urgent (typically within 18 months), and the Subrecipient or state cannot finance the activities on its own because other funding sources are not available. All Property owners which cannot meet the LMI National Objective will be placed into the Urgent Needs category. §4.2.2 70% LMI Requirement The U.S. Department of Housing and Urban Development has established the requirement that 70% of the aggregate of CDBG-DR funds be utilized for the benefit of the low and moderate-income population in the impacted area. The U.S. Department of Housing and Urban Development has indicated they will only consider a waiver to this requirement if it can be adequately demonstrated that the needs of the low- or moderate-income population within the impacted area have had their needs sufficiently addressed or potentially if the impact is less than 70% low- or moderate-income persons. As a result, the City will prioritize LMI applicants and provide ongoing monitoring to ensure that 70% of the allocation is used benefiting LMI households. If the city determines that the impacted population eligible for buyout assistance does not have enough LMI households to meet the 70% LMI requirement, the City will seek a waiver from the GLO and provide supporting data with its waiver request. 2020 HUD Income Limits: §4.2.3 Income Certification Process 18 | P a g e Voluntary Buyout Program Guidelines | December 2020 The household income level for each program applicant will be determined during an in-person or remotely conducted intake meeting with the property owner(s). The City will collect household income documentation (see §4.2.1 National Objective Methodology) and will verify the household income using the HUD CDBG-DR income certification calculator found at https://www.hudexchange.info/incomecalculator/. §4.2.4 Needs Assessment Methodology HUD guidance stipulates that CDBG funds should be last in the hierarchy of recovery funds made available to beneficiaries. From Federal Register Notice Vol. 76 No. 221: Since CDBG disaster recovery provides long-term recovery assistance via supplemental congressional appropriations and falls lower in the hierarchy of delivery than FEMA or SBA assistance, it is intended to supplement rather than supplant these sources of assistance. The City’s Program, which is intended to purchase real property that is vulnerable to future severe weather events and increase regional housing resiliency, is required to develop a needs assessment methodology that ensures CDBG-DR assistance is the last assistance provided to the beneficiary related to Hurricane Harvey. Any funds provided to the applicant after their CDBG-DR buyout award is paid may be subject to recapture. The City will determine each applicant’s unmet need through the following process: An appraisal will determine the pre-storm fair market value of the property. The total need of each applicant is equivalent to the appraisal value. The City will then determine what assistance the applicant has already received as a benefit towards the property that has not been utilized for its intended purpose. Examples include NFIP claim disbursements or FEMA grants that were intended for property repair but were not utilized for property repair. These unused monies reduce the applicant need for resettlement and are deducted from the total need. This methodology is further described in §4.8.5 Offer Calculation Methodology. The remaining total need after the deductions represent the unmet need. The intent of the City’s Program is to determine each applicant’s unmet need and deliver the total unmet need to them at a real estate closing in exchange for title to the subject property. §4.3.1 Buyout Target Area The City’s target buyout area is within the Subrecipient’s city limits within the floodway of the Nueces River, Oso Creek, La Volla Creek and contributing tributaries as well as SRL and RPL properties as displayed on the map at the end of this manual. (Attachment B-Repetitive Loss/Severe Repetitive Loss Map). §4.3.1a Identification of Buyout Areas The Subrecipient identified the target buyout area based on repetitive loss and flood claim analysis §4.3.2 Eligible Property Types for Buyout Assistance Only certain types of real property will be eligible for buyout assistance. One and two-family residential properties will be eligible for assistance and will be prioritized over other eligible types of properties. Vacant lots in which a home was in place during the storm are also eligible for buyout assistance and may prove essential to meeting the objectives of the Program by preventing further residential development in the buyout target area. Vacant lands in which a home was in place during the storm in the buyout area will be considered last in line in terms of prioritization regardless of owner household income. This will allow the City to uniformly prioritize families living in the target area. 19 | P a g e Voluntary Buyout Program Guidelines | December 2020 §4.3.3 Program Marketing The City’s buyout program is voluntary, meaning that property owners must choose to participate and eminent domain cannot be utilized. As a result, it is incumbent upon the City to effectively market the buyout program to ensure homeowners are aware of the program and know how to participate. The City will utilize various marketing and outreach strategies to target property owners, recognizing that certain marketing strategies will reach only a subset of individuals. §4.3.3a Affirmative Marketing Plan (AMP) An Affirmative Fair Housing Marketing Plan, based on HUD regulations, will be followed by the City (Attachment C-Assessment of Fair Housing, dated January 4, 2018). The plan includes items on GLO's checklist to affirmatively market the City’s buyout program. The following resources will be leveraged by the City to affirmatively market its buyout program. • Newspapers o Local and regional newspapers provide an important outlet to deliver information about the Buyout Program. Print ads in newspapers will be run in accordance with the phased approach corresponding with key program dates including outreach events and deadlines. This plan also proposes the use of earned media engagement with these outlets. For earned media outreach, the City will coordinate pre-scheduled individual briefings with journalists to apprise them on the program’s progress and to push key messages to homeowners, in addition to press releases on program progress and updates distributed to community media contacts. • Outreach Activities o Community engagement is an ongoing process that requires continuous education and simple messaging provided in a variety of delivery methods. Each occurrence deepens the connection to the community and seeks to persuade program participation. This plan uses a data-driven integrated communications methodology that combines simple, clear, and consistent messaging through traditional and nontraditional media, grassroots outreach and face-to-face engagement. Community engagement input has revealed a need to differentiate buyouts with other GLO recovery programs like the reimbursement program, HAP, and the local infrastructure program. Additionally, efforts will be taken to affirmatively market the Buyout Program by advertising with media outlets that provide unique access for persons who are considered members of a protected class under the Fair Housing Act. o Social Media (add language) o Outreach to affected communities will rely heavily on grassroots outreach. As part of that effort, this plan relies on the following methodology designed to make the most impact and build trust with communities we serve. Community engagement will follow the following general pattern:  Inform: The inform stage will be used to share information, listen for potential program success challenges, clarify information, and help bring the program top of mind for the intended end-user.  Educate: The education phase shares the who, what, when, where, why, and how repeatedly to gain the attention and spark interest in the program.  Collaborate: The collaboration stage will incorporate trusted ambassadors, community partners, and elected officials to assist in promotion and community buy-in. These stakeholders will be key to building trust and program acceptance. While collaborators and testimonials are important, the outreach team will use an integrated methodology to ensure all the responsibility for success is not solely 20 | P a g e Voluntary Buyout Program Guidelines | December 2020 dependent on one tactical success.  Decision Making and Follow-up: The decision-making and follow-up stage requires one-on-one customer service with homeowners and potential applicants to ensure they understand the entirety of the program’s policies and requirements and are provided the necessary support to use their grant funding for repairs or reconstruction. • Postcards/Direct Mail o Homeowners and renters identified in targeted areas will receive an initial Voluntary Acquisition Notice and/or General Information Notice from the program with information on how to participate in the program and general contact information including phone number and emails of case managers. Additional letters will be created and sent on an as needed basis: approaching deadlines, application status, etc. • Network of Community Partnerships o A critical strategy in ensuring the success of this outreach effort will be in cultivating and maintaining a network of community organizations and influencers who are engaged and willing to support buyout outreach efforts. This will take the form of an internal listserv of individual contact people for relevant organizations: public service offices, local service- based nonprofits, library publicity officers, and local elected officials. This list will be used to send information about upcoming application intake events and buyout program eligibility. Community partners with physical locations will be given an informational poster and a one-page flyer to place in common areas. o In addition, the Subrecipient will invite the network of community partners to participate in a series of ongoing meetings and conference calls to provide updates on the program and receive information from them based on the feedback they are hearing within the communities they serve. This sharing of information allows our program to best meet the needs of the unique communities in the area served. • In-home Application Support o For elderly or disabled populations, the program will provide in-home application support. To receive in-home application support, homeowners will schedule an appointment for a case manager to visit them in their home. During the visit, the specialist will assist in completing a program application, gather documentation, answer any questions, and review next steps for the applicant. • Outreach to Residents of Abandoned Homes and Displaced Persons o To identify displaced residents and abandoned homes, program staff will work with appraisal districts and code enforcement authorities to attain batch ownership data to identify properties that have been abandoned and where owners currently reside. Once addresses are identified, staff will search online tax records to verify ownership and principal residency (homestead exemption on property) at the time of the storm to eliminate spending resources on ineligible properties and attain the current mailing address of the owner. Program staff will also work to request listed phones and email addresses from the FEMA IA dataset to contact displaced homeowners. Email and phone communication will be the primary means of contact, particularly for those who have been displaced out of the immediate area. • Door-to-Door Canvassing o Canvassing neighborhoods to inform people of the Buyout Program is a way to get to know residents and provide detailed program information and answers beyond what any ads or press releases can provide. o In areas where it is determined to be effective and safe, the Buyout team will send teams of canvassers to historically affected homes that have not completed the application to 21 | P a g e Voluntary Buyout Program Guidelines | December 2020 provide educational and program promotional materials. In addition, if-feasible, canvassers can be equipped with mobile tablet devices to input homeowner information and printed door hangers to leave, should a homeowner be unavailable at the time of the visit. • Door Hangers o Door hangers will be left during canvassing outreach for homeowners who were unavailable when a program representative visited their home. This tactic encompasses homeowners who may not be living at their residence due to hurricane damage. • Community Meetings o The Outreach Team will participate in a variety of events in an effort to meet homeowners where they are. Getting buy-in to the program from existing community organizations and entities legitimizes the Buyout Program and allows it to capitalize on existing meetings and constituencies to disseminate messaging. By partnering with existing community events and planning multiple series of program-hosted events, Buyout personnel will be able to meet face-to-face with homeowners, distribute helpful information, and provide one-on-one assistance. o Presentations during the community meetings will cover the following topics:  Overview of the Buyout Program, including program aid options;  How to apply;  Program eligibility requirements; and  The application process. §4.3.4 Timelines and Notices The City is required to spend buyout allocation within a timeframe determined by GLO and HUD. As a result, the buyout program must enforce deadlines for certain project milestones. Deadlines will be communicated to program applicants in writing and verbally. Applicants that don’t meet certain progress deadlines due to their own delays will be subject to withdrawal from the program. Date Action 9/1/2020 Program Guidelines Posted for Public Comment 10/15/2020 Program Guideline Public Comment Period Closed 1/26/2021 Open Application Intake 3/15/2021 Close of Application Intake 4/30/2021 Proposed Date for Initiation of Offers 5/30/2021 Proposed Date of Offer Acceptance Deadline 7/31/2021 Proposed Date of Closing Deadline 9/30/2021 Proposed Date for Demolition Deadline 11/30/2021 Proposed Date for Housing Incentive Deadlines 12/13/2021 Proposed Date to Close Out All Activities 22 | P a g e Voluntary Buyout Program Guidelines | December 2020 §4.4.1 Environmental Clearance Requirements Specific instructions concerning environmental requirements are made available to all recipients, subrecipients, or contractors. CDBG-DR funding is contingent on compliance with the National Environmental Policy Act (NEPA) and related environmental and historic preservation legislation and executive orders. Accordingly, environmental review activities are carried out for site contamination and demolition control, and documented prior to commitment of funds. §4.4.2 Environmental Review Processes Properties located where federal assistance is not permitted are ineligible for assistance. Properties must be in compliance with Environmental Code 24 CFR Part 58. Specific instructions concerning environmental requirements will be made available to all recipients, sub-recipients, or Contractors. CDBG disaster grant funding from HUD is contingent on compliance with the National Environmental Policy Act (NEPA) and related environmental and historic preservation legislation and executive orders. Accordingly, environmental review activities will be carried out for site contamination and demolition control and documented prior to commitment of funds. HUD’s Environmental Review Procedures allow grantees to assume environmental review responsibilities. In addition: • The City will assume the role of the Responsible Entity (RE), responsible for undertaking compliance efforts for the Program. • The GLO will submit any requests for release of funds directly to HUD for review and approval. • The City will be responsible to perform the Environmental Review Records (ERRs) or contract out for a preparer of the ERRs. • The City’s Grant Administrator will conduct an environmental analysis and prepare compliance documentation in support of the broad and site-specific environmental reviews, utilizing a tiered approach, in accordance with HUD’s regulations and • The City will review all environmental draft documents as outlined in the required documentation and sign all documents requiring RE or agency official signatures. • A broad, or Tier 1, review must be completed before HUD will release funds and a site-specific, or Tier 2, review must be completed for a site before funds can be committed to that particular site. The site-specific analysis, consisting of the Site-Specific Checklist and supporting documentation will be completed by the Grant Administrator. The site specific ERRs will be reviewed and signed off by the Subrecipient. Once these reviews have been completed there can be a commitment of funds. • The Grant Administrator is responsible for working in good faith with the City where additional documentation may be necessary to resolve an outstanding environmental/historic preservation compliance factor. The environmental review will be performed in two phases: a broad review and a site-specific review. Lead and asbestos testing will typically be reserved for the site-specific review. The Phase II ESA (site specific review) serves as the first step in remediation for any property with contamination levels deemed unsafe. If remediation activities are required for lead, the contractor will obtain the necessary waste permits along with enclosure materials and/or paint removal equipment. A certified abatement contractor will be procured. Warning signs will be posted; all residents and construction workers in the vicinity will be informed and protected from contamination at the time of remediation. Waste will be securely stored and disposed of upon completion of cleanup. A clearance examination will be performed by an independent party at least one hour 23 | P a g e Voluntary Buyout Program Guidelines | December 2020 after the completed cleanup. If clearance fails, cleanup and/or abatement work will be repeated for a subsequent examination. Residents will be notified of the nature and results of the abatement work. If unsafe levels of lead are determined to exist in the soil, soil abatement will be utilized in the form of soil removal and replacement or soil cleaning. For asbestos, any building built prior to 1978 will require a qualified asbestos inspector to perform a comprehensive building asbestos survey to locate and assess any presence of asbestos. If there is asbestos and it is friable or damaged, HUD recommends it be removed. If it is not friable or damaged, HUD recommends it, at a minimum, be encapsulated. Applicants will also need to complete the 58.6 checklist for the desired buyout property. This consists of questions regarding: National Flood Insurance Program participation, Coastal Barrier Improvement Act compliance, and Runway Clear Zones compliance. The grant administrator will provide a narrative Environmental Report and any supporting documentation for the project. Failure to complete this environmental checklist (environmental review and 58.6checklist) will impede the program’s ability to receive funding from HUD. §4.5.1 Application Prioritization This program will prioritize LMI property owners. However, the City will uniformly process applications for all owner-occupied residences. The City’s primary goal to assist LMI homeowners with the cost of relocating as opposed to providing financial assistance to investor-landlords. In order to ensure that 70% of the allocation is spent on LMI households per HUD requirements, the City will always give priority to homeowners whose incomes are 80% of the AMI or lower. The City has elected to utilize additional prioritization procedures beyond those mandated by HUD and the GLO. In descending order, the City will prioritize disabled persons, single-parent households, racial and ethnic minorities, veterans, elderly persons, and households with members below the age of 18. This additional prioritization policy will apply to both LMI and UN applicants. When multiple applicants fall under the same prioritization criteria (for example, are both veterans and LMI) the applications will be considered on a first-come first- serve basis depending on the date they submitted their application to the City. Note: In the event AFFH factors conflict with the voluntary applications, further prioritization or outreach may occur. §4.5.1a Contiguous Tracts of Land for Open Space and Vacant Parcels The City will implement several policies designed to increase its ability to buy contiguous tracts of land that will be reserved as open space in perpetuity. The policies are designed to reduce the amount of “checkerboarding” or “patchwork implementation” that may result from an entity’s refusal to acquire subdivided lots that don’t contain a dwelling unit or any improvement values. • Plots of land where a structure once stood at the time of Hurricane Harvey are eligible for a buyout and do not need to be contiguous to an eligible Property. §4.6.1 Applicant Data All applicant data is secured in the City’s management information system for a specified period of time in accordance with the current Record Keeping and Retention Period (see §4.6.2 Record Keeping and Retention Period). Recordkeeping, including scanning, uploading to the City’s management information system, and filing of pertinent program documentation retention policies are to provide both a physical and an electronic record of activities so that documentation is accessible for audit purposes. 24 | P a g e Voluntary Buyout Program Guidelines | December 2020 In order to protect non-public personal information, data security measures are in place. For example, hardware and software data security protocols such as the requirement for signed non- disclosure agreements prior to receipt of access credentials for the City’s management information system. The City also requires that hard copy files containing non-public personal information are kept in locked file cabinets to ensure their physical security. §4.6.1a Household Demographic Information Household demographic information will be obtained at the time of the intake meeting and will be a part of the applicant file. This information will be collected for reporting purposes only and will have no bearing on applicant prioritization, applicant eligibility, home purchase prices, or incentive payments in the program. §4.6.2 Record Keeping and Retention Period All official records on programs and individual activities will be maintained by the City for a 3- year period beyond the closing of a grant between the GLO and HUD. Applicant records will be maintained electronically. All projects, program activity files, and applicant information received will be maintained within the GLO’s system of record. §4.7.1 Verification of Eligibility The City is required to determine eligibility for each property owner that desires to sell their damaged home through the buyout program. The following items will be verified for each applicant to determine eligibility prior to the issuance of an offer to purchase: 1. Property located in floodplain or in an approved DRRA (add to acronyms table) 2. Proof of storm impact (tie-back) 3. FEMA non-compliance status 4. Citizenship or legal immigration status 5. Property ownership 6. Property location in relation to the target buyout area (if applicable) 7. Household income information 8. Occupancy at subject property (owner-occupied) §4.7.2 Verification of Storm Impact and Proof of Damage (Tie-Back) The City is obligated to only offer CDBG-DR housing assistance to properties to affected by Hurricane Harvey. HUD requires that all projects funded by this allocation be related to direct or indirect storm impact. From the February 2018 Federal Register notice: iii. Clarification of disaster-related activities. All CDBG–DR funded activities must clearly address an impact of the disaster for which funding was allocated. Given standard CDBG requirements, this means each activity must: (1) Be a CDBG-eligible activity (or be eligible under a waiver or alternative requirement in this notice); (2) meet a national objective; and (3) address a direct or indirect impact from the major disaster in a Presidentially-declared county. To comply with the federal requirement, the City will verify that each property purchased under the buyout program was damaged by Hurricane Harvey. Any one of the following sources of information will be considered sufficient evidence that a property sustained direct impact by Hurricane Harvey: • Photographs of property damage • FEMA assistance • Homeowners insurance claims 25 | P a g e Voluntary Buyout Program Guidelines | December 2020 • Flood insurance claims • Adjuster reports • SBA documentation • City of Corpus Christi Damage Assessment In some cases, property owners may apply for a buyout when they feel that they’ve been indirectly impacted by Hurricane Harvey. This might include situations where Harvey critically damaged infrastructure that is necessary for land access to a home. In these cases, the City will review buyout requests on a case-by-case basis and ensure that the threshold for indirect storm damage was met. If the City approves an application based on indirect storm damage, it will include a memo in the applicant file providing justification for the eligibility determination. §4.7.3 Conflict of Interest Policy The conflict of interest regulations contained in the contract between the City and the GLO prohibit local elected officials, City employees, contractors, and consultants who exercise functions with respect to CDBG-DR activities or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, from receiving any benefit from the activity either for themselves or for those with whom they have family or business ties, during their tenure or for one year thereafter. For purposes of this section, “family” is defined to include parents (including mother-in-law and father- in-law), grandparents, siblings (including sister-in-law and brother-in-law), and children of an official covered under the CDBG-DR conflict of interest regulations at 24 CFR Sec. 570.489(h). The GLO can consider granting an exception to the conflict of interest provision should it be determined by the GLO that the City has adequately and publicly addressed all of the concerns generated by the conflict of interest and that an exception would serve to further the purposes of Title I of the Housing and Community Development Act of 1974 and the effective and efficient administration of the program. If the situation arises, the City will not enter into a conflict of interest until justification has been received and approved by the GLO in accordance with applicable procurement laws. §4.7.4 Documentation Signatures and False Claim Language The Program will require each applicant to sign several documents during the intake, offer, and closing process. Signatures on most documents are required to be original (some exceptions apply, such as third- party authorizations). All intake documents meant to obtain information from applicants will include a signed statement verifying that the information provided is true, complete and accurate. Any false, fictitious, or fraudulent information, or the omission of any material, may subject the applicant to criminal, civil or administrative penalties. Program documents will include the following statement: ‘‘Warning: Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729.’’ §4.7.5 Proof of Ownership All owners of properties proposed for buyout must voluntarily agree to sell the property to the City. Any property owner with a recorded interest in the property who refuses to agree to sell the property has the power to veto the transaction and prevent the Buyout. • If any Owner of a Property is deceased, whether before or after the Storm event, the Executor (or Administrator) of the Estate of [decedent name] must join in the sale of the Property to the City. 26 | P a g e Voluntary Buyout Program Guidelines | December 2020 • Probate Court consideration and approval is required before the City buys real property from any probate estate. • Property owned with other individuals: property owners who owned and occupied a structure at the time of the storm that is located on land that they owned along with other individuals (e.g., owned together with their family) must be treated as a property owner on owned land and are eligible. • Purchase contracts: Contract for deed is not eligible unless the property owner converts his/her contract to full ownership prior to receiving funding assistance from the program. • Conditional Sale Contracts are not eligible unless the property owner converts their contract to full ownership prior to receiving funding assistance from the program. o The following legal documents are proof that a Property owner was purchasing a home on a contract as identified above:  Notarized contract dated and executed prior to the incident date for review by the Program’s legal/escrow provider  Notarized and executed contract that was filed prior to the incident date in the conveyance records of the county • Proof that a contract has been completed and title conveyed to the purchaser is provided by one of the following: o Presentation to the Case Manager of a notarized, executed conveyance document from the seller to the contract purchaser o Evidence of recordation of the title in the name of the Property owner in the conveyance records of the county. §4.7.5a Applicants Unable to Clear Title Title clearance is a necessary component of any traditional real estate transaction. The City will only purchase properties that have clear title as determined by its procured title company. It is the responsibility of the property owner to assist the title company with obtaining clear title. In some cases, the City predicts that applicants will have to obtain legal assistance from private attorneys or pro- bono legal aid organizations. The cost of these legal services is at the expense of the property owner(s). If an applicant is unable to clear title within a reasonable amount of time, the buyout program may determine that they are ineligible for assistance. In these cases, the City will establish the closing deadline at least 90 days in advance and inform the property owner with a documented phone call and certified mailing. §4.7.5b Subsequent Owners Property Owners who purchased a home in buyout area following the effects of Hurricane Harvey may be eligible for buyout assistance. Under these circumstances Subsequent Property Owners are eligible to receive a grant equivalent to the price they purchased the home at, capped at the pre-storm FMV without resettlement incentives. These owners may qualify for a moving expense incentive if they are currently residing in the subject property as their primary residence. §4.7.5c Gift of Property A Gift of Property is a form of property transfer without consideration. The beneficiary of the gift is eligible for the same award as the original Property Owner. The beneficiary of the gift is not considered to be a Subsequent Owner. For the purpose of the Program, a Gift of Property must be: • In writing; • Notarized; and, 27 | P a g e Voluntary Buyout Program Guidelines | December 2020 • Recorded in the public record. The Program reserves the right to demand any award amount to be paid back in full to the City if, at any time, a determination is made that a transfer of money between the two parties had occurred in conjunction with the Gift of Property. §4.7.5d Properties Owned by Estates or Business Entities Properties owned by estates or business entities are eligible for pre-storm FMV buyout assistance under the Urgent Need national objective. For businesses, the buyout program applicant must be able to prove that business owned the property at the time of the storm and that the applicant(s) was/were the owner(s) of the business. For estates, the estate or decedent must meet the occupancy requirements for incentive eligibility. For properties owned within a business entity (LLC, LP, Corp, ect.) the principle owner(s) of the business entity must reside in the property to be eligible for resettlement incentive eligibility. Interested parties in the estate and the owners of the businesses must have owned and occupied the property (or rented the property) at the time of the storm in order to be eligible. §4.7.6 Proof of Property Taxes Property Owners who have applied to the Program must pay all property taxes due as identified by the title search at closing and payable on the storm-damaged property until the day of closing on the sale of their property to the City through the Program. If there are property taxes the title search did not identify by closing, the Program, as owners of the property, will pay the property taxes prior to final disposition. The City may provide reimbursement to Property Owners for the property taxes paid for the period of time after ownership of the property was transferred to the City (i.e., from the day of closing until the end date of the effective payment period). The pro rata reimbursement amount is calculated prior to the closing and the funds are provided to the Property Owner(s) as part of their net proceeds at the time of closing. Only payments made towards the principal of the property taxes due are subject to reimbursement from the City; any interest or fees incurred from late or delinquent payments are not eligible for reimbursement. §4.7.7 Proof of Non-Delinquent Child Support All household members over the age of 18 must be current on payments for child support. If the household member is not current on child support, that individual will be required to enter into a payment plan that will be obtained from the Office of Attorney General (OAG). A copy of the payment plan signed by all applicable parties along with documentation demonstrating that they are current on their payment plan must be supplied. §4.7.8 Second Homes Second homes are ineligible. §4.7.9 Duplication of Benefit Verification The most common sources of disaster recovery assistance are from homeowner’s insurance, FEMA, NFIP, and SBA. However, assistance may also come from non-profit organizations, faith-based organizations, other disaster relief organizations, and other governmental entities. Duplicative Assistance includes, but is not limited to, the following benefits: National Flood Insurance Program (NFIP): Insurance proceeds received must be disclosed by the Owner(s) and verified by the Program. Payments from the NFIP for building loss are classified as repair assistance and will be considered duplicative assistance. Private Insurance: All insurance proceeds received must be disclosed by the Owner(s) and verified by the Program by obtaining a final claims letter or contacting the insurance company. 28 | P a g e Voluntary Buyout Program Guidelines | December 2020 Any funds received that are classified as building loss or sewer backup will be classified as repair assistance and will be considered duplicative assistance. Federal Emergency Management Agency (FEMA): FEMA proceeds received must be disclosed by the Owner(s) and must be verified by the Program. Any funds received for property repair will be classified as duplicative assistance. Small Business Administration (SBA): SBA proceeds approved and/or received must be disclosed by the applicant and verified by the Program. Any applicant with an SBA loan of less than $14,000 must provide documentation that he or she is current on his or her repayment plan and outstanding SBA loans must be satisfied prior to the City taking ownership of the property. The applicant’s award is reduced by this amount at closing and the loan is satisfied prior to the City taking ownership of the property. Any SBA loan exceeding $14,000.00 is secured against the subject property and will be repaid (satisfied) at closing pursuant to traditional real estate transfer procedures. SBA loans are unique in that the deduction of the DOB occurs at the closing table (which reduces the applicant’s net proceeds) as opposed to at the time of the offer. Other: Funds received from other sources must be disclosed by the Owner(s) and verified by Program. Examples include nonprofits, other governmental agencies, and social groups. §4.7.9a SOP for Open Insurance Claims and Pending Litigation Applicants participating in the Program are not eligible to receive an offer if they are involved in litigation or any other process that will change their duplicative benefits. Applicants will sign a subrogation agreement indicating that they will repay any funds they received deemed to be duplicative after their Program real estate closing. In an effort to avoid this and the costs involved in the subrogation process, the City will not purchase any homes that are subject to an ongoing insurance settlement case or legal action. §4.7.9b SBA Loans If funds intended for the same purpose as Program assistance are available from another source, the applicant may wish to seek those funds first to avoid the necessity of subrogation efforts and repayment transactions potentially resulting in the event of receiving that subsequent assistance. Loans from the U.S. Small Business Administration (SBA) are a major source of disaster recovery assistance, and many owners of residential property find that SBA loans meet all of their uninsured disaster recovery assistance requirements. A variety of legitimate reasons can preclude an applicant from receiving SBA assistance that the Program might initially view as available to an applicant. If an applicant has declined an SBA loan, it is presumed that a legitimate purpose for the declination existed and the SBA loan amount will not be deducted from the award amount. SBA proceeds that were approved and received by the applicant must be disclosed by the applicant and verified by the Program. Applicants will be required to pay off any SBA loan in full to participate in the Program. See SBA loan description in §4.7.9 Duplication of Benefit Verification. §4.7.10 Flood Insurance Requirement Review (FEMA Non-Compliance) HUD’s housing assistance guidelines state that an individual is ineligible for CDBG-DR housing assistance if they’ve received prior disaster recovery monies conditioned upon their obtaining flood insurance and the owner subsequently failed to do so. The Program refers to these owners as “FEMA non-compliant.” FEMA non-compliant applicants are not eligible to receive funds above the post- storm/current FMV. They are also not eligible for incentives. If these owners are considered displaced persons through the URA, they 29 | P a g e Voluntary Buyout Program Guidelines | December 2020 are eligible to receive benefits through the URA beyond the current FMV. §4.7.11 Citizenship and Eligible Immigrants The Property owner must be a United States citizen or an eligible immigrant as verified by a signed declaration and one of the following: • U.S. Citizens o A valid U.S. Passport o A valid Birth Certificate o Certificate of Naturalization o Proof of FEMA assistance o TXDOT issued driver’s license • Eligible Immigrant o Will be verified through SAVE, an online verification system to validate that Property owner is an immigrant eligible for federal benefits. o Must provide declaration of lawful presence in the United States and have photographic identification such as a passport. §4.7.12 Ineligibility Determinations and Notifications Certain properties and/or owners may be determined to be ineligible for buyout assistance. Upon a determination of ineligibility, the property owner will be notified over the phone and in writing and the justification of the ineligibility determination will be provided. The written correspondence will outline avenues to appeal, and include a place to find an appeal form. §4.8.1 Award Calculations and Incentives The City’s buyout program has established a uniform award calculation and a uniform incentive structure. To ensure the equitable treatment of property owners, no individualized negotiations with applicants may occur. §4.8.2 Program Caps The program will utilize the 2020 FHA lending limits as the cap for each parcel purchased under the program. This cap includes all incentives paid to the applicant. No applicant may receive a purchase price plus incentive award that exceeds the 2020 FHA lending limit, $331,760.00. Additional program caps are itemized below: §4.8.3 Eligible Costs at Closing All customary costs associated with the purchase of private property, including appraisal, legal, survey, title preparation and insurance, are paid for by the City, using CDBG-DR funding. Demolition, and site work, including environmental remediation, grading, and security, are also paid for under this Program. §4.8.4 Valuation Process The City requires appraisals for all properties participating in the Program. The appraisal, whether setting a pre-storm (buyout) or setting a post-storm base (see FEMA non-compliant and subsequent Cap Description Cap Amount Purchase of Single‐Family Home 331,760.00$ Purchase of Two‐Family Home 424,800.00$ Optional Moving Assistance 5,000.00$ LMI Housing Incentive 20,000.00$ 30 | P a g e Voluntary Buyout Program Guidelines | December 2020 owner), is used to establish the Fair Market Value (FMV) for participating properties. The pre-storm FMV is established by forensic appraisal, and post-storm is established by a current appraisal, but performed by the contracted appraiser. The appraisal report must itemize the value of the land and the value of any improvements on the property. Once produced, the appraisal is reviewed and certified by a second disinterested licensed appraiser. All appraisals used in this program are certified before use or dissemination. §4.8.4a Appeal of the Valuation The City recognizes that some property owners will not agree with the contracted appraiser’s valuation of their home. Property valuations contain many variables and two appraisers may reach differing conclusions regarding the fair market value of the same property. As a result, the City has developed the following process available to property owners for them to formally contest and appeal the determined fair market value of their properties. Property owners may not change the value of their properties in any method outside of the following process: 1. Property owner informs the City in writing that they intend to appeal. 2. Property owner hires their own appraiser to conduct an appraisal of the home. The appraiser must be licensed/certified to conduct real estate appraisals. 3. The property owner provides the new appraisal report to the City. 4. If the new appraisal report shows a value increase of 15% or less over the original appraisal report, the new value is automatically accepted by the City. A new offer is calculated and provided to the property owner. 5. If the new appraisal report shows a value less than the original appraisal report, the original value is used and the offer remains unchanged. 6. If the new appraisal report shows a value increase of greater than 15%, the City must order a third appraisal at the program’s expense. The value of the middle appraisal (the median value) will be used for the purposes of generating the offer amount. §4.8.5 Uniform Offer Calculation Methodology Once the VOB investigation is complete, a formal Verification of Disaster Benefits Received form is completed and reviewed, then forwarded to the Case Manager. Funds received from other sources which are determined a DOB are deducted from the structure’s FMV unless the Property Owner can demonstrate, through receipts, that the funds received have already been expended on eligible costs. The resulting value cannot exceed the applicable program cap. DOBs cannot be used to decrease an award to lower than the property’s land value. Below is an example award calculation: 31 | P a g e Voluntary Buyout Program Guidelines | December 2020 32 | P a g e Voluntary Buyout Program Guidelines | December 2020 §4.8.6 Incentive Payment Eligibility Verification All participating owner-occupants are eligible for a $5,000 optional relocation benefit upon closing. This benefit is meant to cover moving costs that might otherwise be a burden significant enough to lower participation rates. Additional relocation incentives will be available to qualified LMI households. This relocation benefit is dependent upon relocation to another property which is either outside of SFHA and Floodway or constructed at a height of 1 ft ABFE in a 100-year flood plan, or 3 ft ABFE in a 500-year flood plain. The replacement property must also meet DSS/HQS housing standards. The benefit will match the difference between the cost of the new home and the purchase price of the buyout property up to the max allowable benefit as determined by the City. The maximum benefit for a homeowner that sells a permanent dwelling unit to the City is $25,000. Included in these benefit caps is the automatic moving cost benefit, thus the maximum relocation benefit is $20,000 for permanent dwellings. It will be the responsibility of the homeowner to prove through a contract of sale document how much the replacement dwelling will cost. Program participants have eight months (240 days) to claim this benefit and no later than December 1,2021, thus it is not necessary to immediately purchase property upon selling their house through the buyout program. 33 | P a g e Voluntary Buyout Program Guidelines | December 2020 §4.9.1 Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) Pursuant to HUD and other federal guidelines, the City is required to comply with Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). HUD describes the objective of the URA as follows: (1) to provide uniform, fair and equitable treatment of persons whose real property is acquired or who are displaced in connection with federally funded projects; (2) to ensure relocation assistance is provided to displaced persons to lessen the emotional and financial impact of displacement; (3) to ensure that no individual or family is displaced unless decent, safe and sanitary housing is available within the displaced person's financial means; (4) to help improve the housing conditions of displaced persons living in substandard housing; and (5) to encourage and expedite acquisition by agreement and without coercion. The buyout program being implemented by the City will not displace any owner-occupants, as the program is voluntary in nature. The City has developed an Anti-Displacement and Relocation Plan which will be followed to ensure the equitable treatments of tenants displaced by buyout activities. §4.9.2 Anti-Displacement and Relocation Plan In accordance with the Housing and Community Development Act of 1974, as amended, (HCDA), and US Department of Housing and Urban Development (HUD) regulations at 24 CFR 42.325 and 570.440 (1), use of Community Development Block Grant Disaster Recovery (CDBG- DR) funds will minimize adverse impacts on persons of low and moderate-income persons. The purpose of this Residential Anti-displacement and Relocation Assistance Plan (RARAP) is to provide guidance on complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), (Pub. L 91-645, 42 U.S.C. 4601 et seq) and section 104(d) of the HCD Act (42 U.S.C. 5304(d))(Section 104(d)). The implementing regulations for the URA are at 49 CFR part 24. The regulations for section 104(d) are at 24 CFR part 42, subpart C. Per the Federal Register Notice governing these funds, HUD has waived the following regulations: 1) One-for-one replacement requirements at section 104(d)(2)(A)(i) and (ii) and (d)(3) of the HCD Act and 24 CFR 42.375 are waived in connection with funds allocated under this notice for lower-income dwelling units that are damaged by the disaster and not suitable for rehabilitation. Also, The relocation assistance requirements at section 104(d)(2)(A) of the HCD Act and 24 CFR 42.350 are waived to the extent that they differ from the requirements of the URA and implementing regulations at 49 CFR part 24, as modified by this notice, for activities related to disaster recovery. 2) The requirements of sections 204 and 205 of the URA, and 49 CFR 24.2(a)(6)(vii), 24.2(a)(6)(ix), and 24.402(b) are waived to the extent necessary to permit a grantee to meet all or a portion of a grantee’s replacement housing payment obligation to a displaced tenant by offering rental housing through a tenant based rental assistance (TBRA) housing program subsidy (e.g., Section 8 rental voucher or certificate), provided that comparable replacement dwellings are made available to the tenant in accordance with 49 CFR 24.204(a) where the owner is willing to participate in the TBRA program, and the period of authorized assistance is at least 42 months General Information Notice (GIN) - The URA regulations require that persons who are scheduled to be displaced will be provided with a GIN as soon as feasible. This program may involve both persons who are actually displaced and persons who are not displaced. If the tenant- occupant of a dwelling moves permanently from the property after submission of an application 34 | P a g e Voluntary Buyout Program Guidelines | December 2020 for HUD financial assistance, the tenant will be presumed to qualify as a “displaced person.” To minimize such unintended displacements, HUD policy considers all occupants within a proposed HUD-assisted project involving acquisition as scheduled to be displaced for purposes of issuing a GIN. All occupants, therefore, will be provided with a GIN. The template for the GIN is attached in the Appendix. Tenant Intake Meeting- As soon as feasible, the City shall contact each person who is affected by the project to discuss his/her needs, preferences and concerns. Whenever feasible, contact shall be face-to-face. These meetings will take place after the landowner intake meeting and before the buyout offer is sent to the landowner. This scheduling is meant to avoid the possible issue of tenant ineligibility for HUD/URA assistance. It is possible that some tenants in the buyout target area are undocumented persons and are thus ineligible to receive benefits from HUD. However, HUD requires that all displaced tenants receive URA relocation assistance. Thus, properties with undocumented tenants are ineligible to participate in the program because if they were to do so they would either be in violation of the URA or the HUD rule against benefiting undocumented persons. If a property is deemed ineligible for buyout for reasons related to tenant eligibility, that property owner will receive a phone call and a letter from the City stating that the property is ineligible for participation in the buyout program because of tenant ineligibility for HUD assistance. If the tenant does not qualify for relocation assistance, or if at any time the landowner decides not to participate in the program, the tenant will receive a Notice of Nondisplacement and will not be eligible to receive assistance. Notice of Nondisplacement - If a person does not qualify as a displaced person (see Paragraph 1-4 J.), HUD policy requires that such persons be provided with a Notice of Nondisplacement (see Paragraph 1-4 AA.) to advise them of the City’s determination and their right to appeal. A tenant will be defined as “non-displaced” only if they received a Move-In notice outlining the property owner’s participation in the buyout program before they signed the lease. Even if there was no intention to displace the person, if they were not given timely information essential to making an informed judgment about a move, it is assumed that the person’s move was an involuntary move caused by the project. If the landowner continues to participate in the buyout program and eventually signs a contract of sale with the City, the tenants will be then given a Notice of Relocation Eligibility and 90 Day Notice to vacate. In order to have these documents ready to send immediately after contract signing, the case management team will have identified three comparable replacement dwellings that are currently for rent and completed and internally approved HUD Form 40061 before contract signing. Notice of Relocation Eligibility (NOE) (49 CFR 24.203(b)). The NOE will be issued promptly after the initiation of negotiations (contract of sale between City and land owner), and will describe the available relocation assistance, the estimated amount of assistance based on the displaced person’s individual circumstances and needs, and the procedures for obtaining the assistance. This Notice will be specific to the person and their situation so that they will have a clear understanding of the type and amount of payments and/or other assistance they may be entitled to claim Ninety-Day Notice (49 CFR 24.203(c)). The 90-day notice shall not be given before the displaced 35 | P a g e Voluntary Buyout Program Guidelines | December 2020 person is issued a notice of relocation eligibility (or notice of ineligibility) for relocation assistance. The 90-day notice need not be issued if: (a) there is no structure, growing stock, or personal property on the real property, or (b) the occupant made an informed decision to relocate and vacated the property without prior notice to the property owner, (c) in the case of an owner- occupant who moves as a result of a voluntary acquisition described in 49 CFR 24.101(b)(1) or (2), the delivery of possession is specified in the purchase contract, or (d) the person is an unlawful occupant. Determining Cost of Comparable Replacement Dwelling (49 CFR 24.403(a)). The upper limit of a replacement housing payment shall be based on the cost of a comparable replacement dwelling (49 CFR 24.2(a)(6)). If available, at least three comparable replacement dwellings shall be examined (including internal and external inspection) to ensure that the replacement dwelling is decent, safe and sanitary as defined at 49 CFR 24.2(a)(8). The upper limit of the replacement housing payment shall be established on the basis of the cost for the comparable replacement dwelling that is most representative of, and equal to, or better than, the displacement dwelling. 1. For purposes of establishing the payment limit, comparable replacement dwellings shall, to the extent feasible, be selected within the City. 2. A copy of Form HUD-40061, Selection of Most Representative Comparable Replacement Dwelling for Purposes of Computing a Replacement Housing Payment, is included as Appendix 12. The form is optional; however, if the form is not used, other reasonable documentation will be maintained. NOTE: When selecting the most representative comparable replacement dwelling for a person with disabilities, reasonable accommodation is to be determined on a case-by-case basis. 3. The City may limit the amount of replacement housing payment to the amount required to obtain a comparable replacement dwelling only if it gives a timely written notice (referral) of such comparable replacement dwelling. If the City fails to offer a comparable replacement dwelling before the person enters into a lease or purchase agreement for, and occupies, a decent, safe and sanitary replacement dwelling, HUD may require the replacement housing payment be based on the cost of such decent, safe and sanitary replacement dwelling, or take such other corrective action as may be deemed necessary to mitigate (to the extent possible) the adverse consequences of the deficiency. Inspection of Replacement Dwelling (49 CFR 24.403(b)). Before making a replacement housing payment or releasing a payment from escrow, the City or its designated representative shall make a thorough internal and external inspection of the replacement dwelling to determine whether it is decent, safe and sanitary (as defined at 49 CFR 24.2(a)(8)). A copy of the inspection report should be included with the pertinent claim form in the City's files. (See also Chapter 6, Paragraph 6- 2C.1(h).) NOTE: The definition of “decent, safe and sanitary” provides that replacement units will contain the accessibility features needed by displaced persons with disabilities. If the City determines that a replacement housing payment may have to be denied because the replacement dwelling selected by a displaced person is not decent, safe and sanitary (e.g., does not meet the local code), it will so notify the displaced person, determine if the property can be made decent, safe and sanitary, and/or assist the person to locate another replacement unit. (1) Amount of payment. An eligible displaced person who rents a replacement dwelling is entitled to a payment not to exceed $7,200.00 for rental assistance. (See § 24.404.) Such payment shall be 42 times the amount obtained by subtracting the base monthly rental for the displacement dwelling from the lesser of: 36 | P a g e Voluntary Buyout Program Guidelines | December 2020 (i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or (ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person. (2) Base monthly rental for displacement dwelling. The base monthly rental for the displacement dwelling is the lesser of: (i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the Agency (for an owner- occupant, use the fair market rent for the displacement dwelling. For a tenant who paid little or no rent for the displacement dwelling, use the fair market rent, unless its use would result in a hardship because of the person's income or other circumstances); (ii) Thirty (30) percent of the displaced person's average monthly gross household income if the amount is classified as “low income” by the U.S. Department of Housing and Urban Development's Annual Survey of Income Limits for the Public Housing and Section 8 Programs 4. The base monthly rental shall be established solely on the criteria in paragraph (b)(2)(i) of this section for persons with income exceeding the survey's “low income” limits, for persons refusing to provide appropriate evidence of income, and for persons who are dependents. A full time student or resident of an institution may be assumed to be a dependent, unless the person demonstrates otherwise; or, Down Payment Assistance. An eligible displaced person who purchases a replacement dwelling is entitled to a down payment assistance payment in the amount the person would receive under paragraph (b) of this section if the person rented a comparable replacement dwelling. At the Agency's discretion, a down payment assistance payment that is less than $5,250 may be increased to any amount not to exceed $5,250. However, the payment to a displaced homeowner shall not exceed the amount the owner would receive under § 24.401(b) if he or she met the 180-day occupancy requirement. If the Agency elects to provide the maximum payment of $5,250 as a down payment, the Agency shall apply this discretion in a uniform and consistent manner, so that eligible displaced persons in like circumstances are treated equally. A displaced person eligible to receive a payment as a 180-day owner-occupant under § 24.401(a) is not eligible for this payment. Manner of Disbursing Rental Assistance. Relocation assistance payments for residential tenants who are displaced for HUD projects are subject to 42 USC Sec. 3537c and will be disbursed in installments, except that lump sum payments may be made to cover (1) moving expenses, (2) a down payment on the purchase of replacement housing, or incidental expenses related to (1) or (2). Whenever the payment is made in installments, the full amount of the approved payment shall be disbursed in regular installments, whether or not there is any later change in the person's income or rent, or in the condition or location of the person's housing. The frequency of these disbursements will be determined by the City in consultation with the tenant. However, there will be no less than three installment payments, except when the rental assistance payment is $500 or less. Where the rental assistance payment is $500 or less, it is recommended that payment may be made in two installments with no less than a four-month interval between payments. Determination to provide replacement housing of last resort. Whenever a program or project 37 | P a g e Voluntary Buyout Program Guidelines | December 2020 cannot proceed on a timely basis because comparable replacement dwellings are not available within the monetary limits for owners or tenants, as specified in § 24.401 or § 24.402, as appropriate, the Agency shall provide additional or alternative assistance under the provisions of this subpart. Any decision to provide last resort housing assistance will be adequately justified either: (1) On a case-by-case basis, for good cause, which means that appropriate consideration has been given to: (i) The availability of comparable replacement housing in the program or project area; (ii) The resources available to provide comparable replacement housing; and (iii) The individual circumstances of the displaced person, or (2) By a determination that: (i) There is little, if any, comparable replacement housing available to displaced persons within an entire program or project area; and, therefore, last resort housing assistance is necessary for the area as a whole; (ii) A program or project cannot be advanced to completion in a timely manner without last resort housing assistance; and (iii) The method selected for providing last resort housing assistance is cost effective, considering all elements, which contribute to total program or project costs. Documentation. Any claim for a relocation payment shall be supported by such documentation as may be reasonably required to support expenses incurred, such as bills, certified prices, appraisals, or other evidence of such expenses. A displaced person will be provided reasonable assistance necessary to complete and file any required claim for payment. Expeditious payments. The City shall review claims in an expeditious manner. The claimant shall be promptly notified as to any additional documentation that is required to support the claim. Payment for a claim shall be made as soon as feasible following receipt of sufficient documentation to support the claim. Advanced payments. If a person demonstrates the need for an advanced relocation payment in order to avoid or reduce a hardship, the City shall issue the payment, subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished. (d) Time for filing. (1) All claims for a relocation payment shall be filed with the City no later than 18 months after: (i) For tenants, the date of displacement. (ii) For owners, the date of displacement or the date of the final payment for the acquisition of the real property, whichever is later. (2) The City shall waive this time period for good cause. 38 | P a g e Voluntary Buyout Program Guidelines | December 2020 Notice of denial of claim. If the City disapproves all or part of a payment claimed or refuses to consider the claim on its merits because of untimely filing or other grounds, it shall promptly notify the claimant in writing of its determination, the basis for its determination, and the procedures for appealing that determination. §4.10.1 Complaint and Appeal Process All written citizen complaints which identify deficiencies relative to the City’s buyout program will merit careful and prompt consideration. All good faith attempts will be made to satisfactorily resolve the complaints at the local level. Complaints must be filed with applicable office(s) listed below who will investigate and review the complaint. A written response from the applicable office below to the complainant will be made within 15 working days, where practicable. All citizen complaints relative to Fair Housing/Equal Opportunity violations involving discrimination will be forwarded to the following address for disposition: Fair Housing Equal Opportunity City of Corpus Christi Texas Workforce Commission Human Relations Division Civil Rights Division 1201 Leopard Street-1st Floor 1117 Trinity Street, Room 144-T Corpus Christi, Texas 78401 Austin, Texas 78701 Policy and/or procedure changes meant to satisfy a valid compliant may require a policy manual amendment. The City will undertake this activity if the compliant warrants such a revision. The City will not undertake any policy and/or procedure changes stemming from complaints that can be categorized in the following ways: 1. The applicant's description of needs and objectives is plainly inconsistent with available facts and data; 2. The activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the applicant; or 3. The request does not comply with the requirements set forth by HUD or the GLO Documentation must be kept at the local level to support compliance with the aforementioned requirements. §4.10.2 Case Management Services The City recognizes that its buyout program has many guidelines, policies, nuances, and requirements that may present challenges for persons without expert knowledge of CDBG-DR programs. As a result, the City has chosen to use specialized Case Managers to assist property owners that participate in the program. Each property owner and tenant will be assigned a Case Manager who will remain their point-of-contact for meetings and phone calls throughout the buyout program’s activities and steps. Case Managers will be somewhat like an agent with an escrow company, confirming everyone’s papers are in order, making sure each party produces the properly signed documents when required, and verifying information on each document. They will also be like a coach as they guide property owners and tenants through a complex program, ideally building a positive relationship with them. Case Managers must assure that each program participant completes every required step in the process. Additionally, Case Managers must create a documentary record that proves every required step is properly completed. 39 | P a g e Voluntary Buyout Program Guidelines | December 2020 §4.10.2a Other Languages and Disabilities Program Case Managers will be able to communicate with the applicant in their primary language and should be assigned to the clients as appropriate. If necessary, a translation service will be procured by the third-party Case Manager provider. Additionally, they must ensure effective communications with persons with disabilities pursuant to 24 CFR 8.6 and other fair housing and civil rights requirements (such as the effective communication requirements under section 504 and the Americans with Disabilities Act). Counselors will be trained to be well-versed in all housing recovery activity requirements. §4.11.1 Applicant Closings (Real Estate Settlement) The City and the homeowner will agree to the terms of the real estate transaction when they sign the contract of sale. The contract of sale will not be customized for each individual applicant – a contract template will be designed by the City’s attorney. The contract will stipulate the terms of the real estate closing. It will direction for the seller in terms of the anticipated vacancy date, the on-or-about closing date, the sellers’ responsibility for disconnecting utilities, and what happens to abandoned items on the property. The applicant will agree to these terms in writing and will be responsible for complying with the terms of the contract. The contract will also include language regarding seller failures to comply with the terms. In many cases, the City anticipates that homeowners will move on their closing date or shortly before their closing date. At the time of closing, the seller will surrender occupancy to the property and will no longer have access to any structures there. To assist homeowners with the burden of moving, the City will supply each homeowner with a list of moving companies and storage facilities local to the buyout target areas. It is the City’s policy to avoid undue procedural obstacles that delay, inconvenience, or impair completing transactions under the Program. The City, for this reason, accommodates reasonable seller requests when doing so does not expose the program to delay, liability, extra costs, or risk of loss. The City can, under certain conditions, accommodate a seller who requests that all of the net proceeds from sale of a parcel under the program be paid to an agent instead of the seller in the conveyance granting title to the City and who executed the contract of sale. If the terms of this procedure are fully satisfied, the seller must make the request in writing, acknowledge that payment to the agent will satisfy seller’s right to net purchase proceeds, and indemnify the City for any losses resulting from disbursement to the agent. §4.11.1a Foreclosures and Short Sales Property owners who lost ownership of their homes due to foreclosure are ineligible for assistance, as they are no longer the owners of record. However, the buyout program may purchase properties that are in foreclosure proceedings by obtaining an Undertaking Letter and full mortgage payoff from the foreclosing attorney. Voluntarily selling a property with a delinquent mortgage balance is a common remedy for the non-payment of a mortgage. In some cases, the outstanding balance of the mortgage may be greater than the purchase price of the property. In such cases, the property owner is unable to convey clear title to the Subrecipient because the mortgage cannot be satisfied. As a result, the property owner has two options available to them: • The property owner may bring personal funds to the closing table to satisfy the mortgage in full. While this solution is not practical for most property owners, particularly LMI property owners with fixed incomes, it is an option that will allow the conveyance of the property with clear title. • The property owner and their Case Manager can work with the mortgage servicer to obtain a short 40 | P a g e Voluntary Buyout Program Guidelines | December 2020 sale approval. A short sale is a sale of real estate in which the net proceeds from selling the property will fall short of the debts secured by liens against the property. In this case, if all lien holders agree to accept less than the amount owed on the debt, a sale of the property can be accomplished. The City’s buyout program will undertake all efforts to assist property owners with obtaining a short sale if the property owner desires an outcome involving a short sale. However, short sale approvals are subject to the lender review, and cannot be guaranteed as an outcome in all cases. Property owners should inform their assigned Case Manager if they think a short sale will be required to convey title. §4.11.2 End-Use Restrictions The City memorializes the covenants made in connection with the property in the CDBG- DR Program. For properties purchased through the Program, a Declaration of Covenants and Restrictions (EBA Agreement) is incorporated with the deed for each parcel and recorded in the real property records office that serves the county where the property is found. Copies of the EBA Agreements are saved in the Program files. All restrictive covenants are recorded prior to, or at the time of, disposition. All restrictive covenants are recorded prior to, or at the time of, disposition. The City of Corpus Christi Development Services Department will be responsible for monitoring the end-use of buyout properties to ensure no future redevelopment. The City of Corpus Christi Stormwater Department will be responsible for the maintenance of the vacant lots. §4.12.1 Demolition of Structures The City is responsible for demolishing structures after buyout purchases are complete. Structures must be demolished 45 days after the City obtains title to the property. Exceptions may only be made to the 45-day rule for health and safety concerns or if necessary, permitting and environmental review processes make it impossible to meet that deadline. The City will also comply with HUD guidance related to lead and asbestos (see §4.4.2). The City’s demolition contractor must adhere to all federal, state, and local laws pertaining to the safe demolition and disposal of materials. From the Department of Labor Davis-Bacon handbook: Demolition work in relation to construction. (a) To determine whether a demolition contract is subject to DBRA, it is necessary to look at the entire scope of that contract as well as other contracts that might be part of the same overall project. Demolition, standing alone, (except for demolition work under Urban Renewal projects authorized pursuant to the Housing Act of 1949, as amended) is not necessarily considered to be “construction, alteration, and/or repair of a public building or a public work” subject to the prevailing wage requirements of DBRA. For example, the demolition of a building because such structure is no longer needed would not in itself be a covered construction activity. However, where an existing building is being demolished and further construction activity at the site is contemplated that is subject to DBRA, DBRA would apply to such demolition, such as demolition performed to permit construction of a new building or highway (see AAM No. 190 and FOH 14d08). Based on this guidance, the Subrecipient will not monitor wages for its demolition contractor, as the stand-alone demolition activity is exempt from DBRA. §4.13.1 File Closeout Following completion of buyout activities, including the disbursement of any post-closing resettlement incentives, the City will complete an end-to-end (“ETE”) checklist to ensure the file meets all of the applicable program requirements. This task will be completed for each applicant file regardless of if the applicant received any funds or completed a real estate transaction. §4.13.2 Audit Requirements 41 | P a g e Voluntary Buyout Program Guidelines | December 2020 The City’s management information system provides immediate tracking and imaging of all buyout program documentation, including but not limited to: • Property owner notifications • Eligibility verification documentation • Financial funds disbursement • Documentation to ensure data security and Program oversight to create a clear audit trail of the Program. All Property owner data will be secured in the City’s management information system for a specified period of time. Recordkeeping, including scanning, uploading to the GLO’s management information system, and filing of pertinent program documentation retention policies are to provide both a physical and an electronic record of activities so that documentation is accessible for audit purposes. Documentation standards allow for program activities to be traced so that any possible audit issues are resolved. Records will be maintained in hard copy and/or electronically. All records will be copied, scanned, and filed for physical and electronic record. In order to protect non-public personal information, data security measures will be in place, such as hardware and software data security protocols and physical security for hard copy files. 42 | P a g e Voluntary Buyout Program Guidelines | December 2020 §5.0.1 Public Comment A) Public Comment Newspaper Posting 43 | P a g e Voluntary Buyout Program Guidelines | December 2020 44 | P a g e Voluntary Buyout Program Guidelines | December 2020 B) Public Comments Received (4 Comments received by 3 Respondents) Timestamp Name Address Email Phone number Please provide public input on its DRAFT Community Development Block Grant Disaster Recovery (CBDG-DR) Voluntary Buyout Program Guidelines.Public Comment Response 9/1/2020 13:10:26 Ray Morais 15909 PUNTA BONAIRE DR txpeach1@gmail.com 3615007963 The City of Corpus DID NOT TAKE PUBLIC COMMENT for the new construction homes under this program on Padre Island on Palmira Street . DSW Homes and Oaks Texas are building 25 units on scatter lots throughout the Padre Island community. How could the City let this happen??? The Padre Island Community is extremely upset over what has happened here! The homes in question look like tract housing and sit on 4ft tall crawl space vented foundations. The homes that sit behind them have lost ALL privacy and now look at the ugly super tall structures while trying to enjoy their backyards..not from one house but 5 or 6 of them looking straight into their backyards & homes. Not to mention these were built right on back fence line and forward the front property line. Now to discover they are LMI's is just adding fuel to a bad fire! What is the City of Corpus Christi going to do about this mess? Thank you for your public comment regarding the CDBG- DR Voluntary Buyout Program. The grant project you’ve mentioned in your comment was conducted by a private contractor that received Texas General Land Office grant funding; the City of Corpus Christi was not part of this grant project. The purpose of this grant program is to outright purchase and demolish approximately 10 homes which are in a flood prone area throughout the City of Corpus Christi. The homes that are selected for this program will not be reconstructed. Again, thank you for your comment and your comment has been noted. 9/19/2020 7:13:12 Heather Candler 14230 Punta Bonaire Dr Heathercandler@gmail.com 2149521140 I am very disappointed to have this type of housing built on Palmira under our noses but behind our back. Historically these houses lower property values, is the city ready for loss of income from the island. The island has easy access from Flour Bluff and other local CC areas where there is already lower income housing, the infrastructure for lower income people to have access to public transportation, grocery stores etc. This provides access to jobs on the island and still live within 10 miles of a job they might take. Traditionally, HUD lower income brings higher crime rates, criminal records etc. we have a school and church where children walk and play. The city should also make sure any money awarded doesn’t bring a gain to POA’s and developers. Money should be built in for maintenance and upkeep of all these houses. Thank you for your public comment regarding the CDBG- DR Voluntary Buyout Program. The purpose of this grant program is to outright purchase and demolish approximately 10 homes which are in a flood prone area throughout the City of Corpus Christi. The homes that are selected for this program will not be reconstructed. Again, thank you for your comment and your comment has been noted. 9/29/2020 13:51:21 Donovan Shia 13942 primavera dr dshia@hotmail.com 3615485113 We are opposed to any HUD housing developments on the barrier island known as North Padre Island. Public housing funding should not be allowed for use on barrier islands or other locations that are more expensive to develop. This is not a fair or prudent way to spend public housing development funds as the cost of building, insuring, and maintenance is much higher as compared to other suitable building sites. Thank you for your public comment regarding the CDBG- DR Voluntary Buyout Program. The purpose of this grant program is to outright purchase and demolish approximately 10 homes which are in a flood prone area throughout the City of Corpus Christi. The homes that are selected for this program will not be reconstructed. Again, thank you for your comment and your comment has been noted. 10/15/2020 10:16:38 Ray Morais 15909 PUNTA BONAIRE DR Raymorais61@yahoo.com 3615007963 Why wasnt a 30 day public comment given for the DSW/Oaks Texas new constructions on Padre Island?? Several of these homes were built within the boundaries of the Home Owners Association subdivision. There are no 5ft stem foundations with vented crawl spaces within the subdivision where these homes are plus they are not congruous to the homes in the area and are built beyond the back set back. Regardless, the residents for Padre Island were not given a 30 day public comment. These homes will affect the home values of the homes around them. We would like to know why we were not given the opportunity to comment on these as they are funded through this same program. Someone needs to be held accountable Already responded, refer to cell 2. Respondent submitted two comments; City only needs to respond to indivdual once. CDBG-DR Voluntary Buyout Program Public Comments opened from September 15, 2020 to October 15, 2020 Responses sent on 10/30/2020 45 | P a g e Voluntary Buyout Program Guidelines | December 2020 C) City Responses to Public Comment Respondents 1. City Response to Ray Morais. This respondent submitted two of the four comments the City received. 2. City Response to Heather Candler. 46 | P a g e Voluntary Buyout Program Guidelines | December 2020 3. City Response to Donovan Shia. Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community N CITY LIMITS CORPUS CHRISTI , TX 05 MAY 2020 DEPARTMENT OF DEVELOPMENT SERVICES Attachment A Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community N CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS 08 MAY 2020 DEPARTMENT OF DEVELOPMENT SERVICES SEVERE REPETITIVE LOSS REPETITIVE LOSS CITY LIMITS Attachment B Morningside Research AND ConsultinG, Inc www.morningsideresearch.com ASSESSMENT OF FAIR HOUSING City of Corpus Christi, Texas January 4, 2018 Attachment C ASSESSMENT OF FAIR HOUSING City of Corpus Christi, Texas January 4, 2018 Submitted by Morningside Research and Consulting, Inc. P.O. Box 4173 Austin, Texas 78765 Phone 512 302 4413 • Fax 512 302 4416 www.morningsideresearch.com Morningside Research and Consulting, Inc. i City of Corpus Christi 2017 Assessment of Fair Housing TABLE OF CONTENTS I Cover Sheet ............................................................................................................................. 2 II Executive Summary ................................................................................................................. 4 III Community Participation ........................................................................................................ 9 IV. Assessment of Past Goals and Actions ................................................................................. 30 V.A. Demographic Summary ......................................................................................................... 35 V.B.i. Segregation/Integration ...................................................................................................... 41 V.B.ii. Racially or Ethnically Concentrated Areas of Poverty (R/ECAPS) ....................................... 52 V.B.iii. Disparities in Access to Opportunity ................................................................................. 60 V.B.iv. Disproportionate Housing Needs ...................................................................................... 92 V.C. Publicly Supported Housing Analysis ................................................................................... 103 V.D. Disability and Access Analysis ............................................................................................. 117 V.E. Fair Housing Enforcement, Outreach Capacity, and Resources .......................................... 133 VI Fair Housing Goals and Priorities ........................................................................................ 141 Appendix: Public Comments Received ....................................................................................... 148 Morningside Research and Consulting, Inc. 1 City of Corpus Christi 2017 Assessment of Fair Housing I. Cover Sheet Morningside Research and Consulting, Inc. 3 City of Corpus Christi 2017 Assessment of Fair Housing II. Executive Summary Morningside Research and Consulting, Inc. 4 City of Corpus Christi 2017 Assessment of Fair Housing II EXECUTIVE SUMMARY a) Summarize the fair housing issues, significant contributing factors, and goals. Also include an overview of the process and analysis used to reach the goals. OVERVIEW This Assessment of Fair Housing (AFH) is a process that U.S. Department of Housing and Urban Development (HUD) grant recipients must undertake in keeping with their obligation to “affirmatively further fair housing” (AFFH) in accordance with the Fair Housing Act. This report follows HUD guidance for completing the AFH and includes data and maps provided by HUD, as well as data and analysis gathered from the local community and secondary data sources such as the U.S. Census. This AFH includes a detailed fair housing analysis of the City of Corpus Christi, Texas, that includes the following components: D EMOGRAPHIC SUMMARY. This section provides a summary of the race and ethnicity, national origin, language, disability status, sex, age, and family status of residents of the City of Corpus Christi. The section also compares data over time to highlight demographic trends in Corpus Christi since 1990. According to HUD data, Corpus Christi has a predominately Hispanic population (59.7 percent); approximately one-third of residents are Non-Hispanic White, 3.9 percent are Black, and 3.1 percent are of some other race. S EGREGATION/I N TEGRATION. This section analyzes the location of Corpus Christi residents by race and ethnicity and determines levels of segregation based on the dissimilarity of different groups. The highest segregation in Corpus Christi is between Black and Non-Hispanic White residents. RACIALLY OR ETHNICALLY CONCENTRATED AREAS OF POVERTY (R/ECAPS ). A R/ECAP is an area of a city that has a majority Non-White population and poverty rate that is either above 40 percent or three times the regional average. The January 2017 AFFH maps from HUD indicate that seven areas of Corpus Christi are defined as R/ECAPs. R/ECAPs in Corpus Christi have a much higher proportion of Hispanic residents (80 percent) than in the City of Corpus Christi and the Corpus Christi region (Nueces and San Patricio counties). The R/ECAPs also have a higher percentage of Black residents than in the jurisdiction and region. D ISPARITIES IN ACCESS TO OPPORTUNITY. This section analyzes a variety of indicators to determine whether Corpus Christi residents have access to proficient schools, nearby jobs, inexpensive transportation, robust labor markets, and environmentally healthy neighborhoods, regardless of their location or protected class. The groups with the least access to these opportunities are Morningside Research and Consulting, Inc. 5 City of Corpus Christi 2017 Assessment of Fair Housing Hispanic and Non-Hispanic Black, who mostly live in City Council Districts 1, 2, and 3 near the city center. D ISPROPORTIONATE HOUSING NEEDS. This section analyzes rates of housing cost burden, overcrowding, and substandard housing across different racial and ethnic groups and in different areas of the city. Non-Hispanic Black residents are the most likely to experience housing burden in Corpus Christi. Hurricane Harvey made landfall north of Corpus Christi in late August 2017 at the close of the AFH data collection process. No geographic patterns have been identified to date which would suggest disparate impact from the hurricane on protected class groups. PUBLICLY SUPPORTED HOUSING ANALYSIS. This section discusses the location and occupancy of publicly supported housing units in Corpus Christi, including public housing units, project-based Section 8 units, and units in the Housing Choice Voucher program. According to the data, Hispanic residents make up the majority of households in all categories of publicly supported housing in Corpus Christi. D ISABILITY AND ACCESS A NALYSIS. This section reviews the location of Corpus Christi residents with disabilities and the resources available to these residents. The City of Corpus Christi provides some accommodation for services, programs, activities, and facilities and awards community development funds to organizations such as Coastal Bend Center for Independent Living (CBCIL) and Corpus Christi Council for The Deaf and Hard of Hearing Center to provide assistance to residents with disabilities. The Corpus Christi Regional Transportation Authority (CCRTA) provides accessible public transportation for residents with disabilities. F AIR HOUSING ENFORCEMENT, OUTREACH CAPACITY, AND RESOURCES ANALYSIS. This section discusses the organizations responsible for enforcing fair housing in Corpus Christi. This includes the City of Corpus Christi Human Relations Division (CCHRD), which is a HUD-certified Fair Housing Assistance Program (FHAP) responsible for investigating fair housing complaints and enforcing violations. The section also discusses various state and local laws that may increase fair housing concerns, including state law which enables source of income discrimination. FAIR HOUSING ISSUES Based on the input received from stakeholders and residents during the community participation process, the assessment of past fair housing goals and action, and each component of the fair housing analysis, the following factors contribute to each fair housing issue identified in the City of Corpus Christi. The highest priority is given to those factors that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance. Morningside Research and Consulting, Inc. 6 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Issues and Contributing Factors in the City of Corpus Christi Fair Housing Issues Contributing Factors (by priority level) Segregation/Integration 1. Location and type of affordable housing 2. Lack of public investments in specific neighborhoods, including services or amenities 3. Lack of community revitalization strategies 4. Displacement of residents due to economic pressures 5. Private discrimination 6. Source of income discrimination 7. Community opposition Racially or Ethnically-Concentrated Areas of Poverty (R/ECAPs) 1. Lack of public investments in specific neighborhoods, including services of amenities 2. Lack of private investments in specific neighborhoods 3. Source of income discrimination 4. Private discrimination 5. Deteriorated or abandoned properties Disparities in Access to Opportunity 1. Location and type of affordable housing 2. Location of employers 3. Location of environmental health hazards 4. Location of proficient schools and school assignment policies 5. Lack of regional cooperation 6. Private discrimination 7. Source of income discrimination 8. Loss of affordable housing 9. Availability, type, frequency, and reliability of public transportation Disproportionate Housing Needs 1. Lack of public investments in specific neighborhoods, including services or amenities 2. Lack of private investments in specific neighborhoods 3. Displacement of residents due to economic pressures 4. Source of income discrimination 5. Loss of affordable housing Publicly Supported Housing Location and Occupancy 1. Lack of public investments in specific neighborhoods, including services of amenities 2. Impediments to mobility 3. Lack of regional or local cooperation 4. Community opposition Disabilities and Access 1. Lack of affordable, accessible housing in a range of unit sizes 2. Location of accessible housing 3. Lack of assistance for housing accessibility modifications 4. State or local laws, policies, or practices that discourage individuals with disabilities from living in apartments, family homes, supportive housing, shared housing and other integrated settings 5. Access to publicly supported housing for persons with disabilities 6. Lack of affordable in-home or community-based supported services Fair Housing Enforcement, Outreach Capacity, and Resources 1. Lack of local private fair housing outreach and enforcement 2. Lack of state or local fair housing laws* *The Texas legislature passed a bill prohibiting cities from passing bans on source of income discrimination. Morningside Research and Consulting, Inc. 7 City of Corpus Christi 2017 Assessment of Fair Housing Fair housing goals for the City of Corpus Christi are based on the fair housing analysis and the results for each housing issue listed in the table above. The goals shown in the table below are designed to address the fair housing issues and overcome the contributing factors identified. The goals consider all analysis conducted for the report, including input from the community and the consideration of past fair housing goals and actions that the City of Corpus Christi has undertaken. Fair Housing Goals for the City of Corpus Christi Fair Housing Goals Contributing Factors Fair Housing Issues 1. Expand development of affordable housing in high opportunity, environmentally healthy areas of Corpus Christi.  Location and type of affordable housing  Deteriorated or abandoned properties  Lack of private investments in specific neighborhoods  Loss of affordable housing  Community opposition  Lack of affordable, accessible housing in a range of unit sizes  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Disproportionate Housing Needs  Disabilities and Access 2. Educate landlords on fair housing issues and laws.  Source of income discrimination  Private discrimination  Lack of access to opportunity due to high housing costs  Impediments to mobility  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Disproportionate Housing Needs  Publicly Supported Housing Location and Occupancy 3. Improve access to public services and amenities in low opportunity areas of Corpus Christi.  Lack of public investments in specific neighborhoods, including services or amenities  Lack of community revitalization strategies  Location of proficient schools and school assignment policies  Availability, type, frequency, and reliability of public transportation  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Disproportionate Housing Needs  Publicly Supported Housing Location and Occupancy 4. Increase the number of accessible housing units for people with disabilities.  Lack of affordable, accessible units in a range of unit sizes  Location of accessible housing  Access to publicly supported housing for persons with disability  Location and type of affordable housing  Disabilities and Access  Disparities in Access to Opportunity 5. Engage in a public awareness campaign to reduce community resistance to affordable housing in high opportunity areas.  Lack of regional cooperation  Lack of public investments in specific neighborhoods, including services or amenities  Private discrimination  Community opposition  Lack of local private fair housing outreach and enforcement  Lack of state or local fair housing laws  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Publicly Supported Housing Location and Occupancy  Fair Housing Enforcement, Outreach Capacity, and Resource Morningside Research and Consulting, Inc. 8 City of Corpus Christi 2017 Assessment of Fair Housing III. Community Participation Morningside Research and Consulting, Inc. 9 City of Corpus Christi 2017 Assessment of Fair Housing III COMMUNITY PARTICIPATION a) Describe outreach activities undertaken to encourage and broaden meaningful community participation in the AFH process, including the types of outreach activities and dates of public hearings or meetings. Identify media outlets used and include a description of efforts made to reach the public, including those representing populations that are typically underrepresented in the planning process such as persons who reside in areas identified as R/ECAPs, persons who are limited English proficient (LEP), and persons with disabilities. Briefly explain how these communications were designed to reach the broadest audience possible. For PHAs, identify your meetings with the Resident Advisory Board and other resident outreach. b) Provide a list of organizations consulted during the community participation process. c) Describe whether the outreach activities elicited broad community participation during the development of the AFH. If there was low participation, or low participation among particular protected class groups, what additional steps might improve or increase community participation in the future, including overall participation or among specific protected class groups? d) Summarize all comments obtained in the community participation process. Include a summary of any comments or views not accepted and the reasons why. SUMMARY OF OUTREACH ACTIVITIES The community participation process included the following activities, each of which is summarized in this chapter:  Resident survey  Interview with fair housing stakeholders  Focus group with fair housing stakeholders  Focus group with Corpus Christi residents  Fair housing public meeting  Public hearing In order to obtain input from Corpus Christi residents for the Assessment of Fair Housing (AFH), Morningside Research and Consulting (Morningside) developed a plan for gathering community input in collaboration with staff from the Department of Housing and Community Development in Corpus Christi and the public information officer for the city. The plan was designed to seek meaningful engagement from residents and stakeholders in order to gather information from Morningside Research and Consulting, Inc. 10 City of Corpus Christi 2017 Assessment of Fair Housing residents on fair housing and housing choice issues in Corpus Christi. The plan included suggested invitees and press release information for submission to various media outlets. Corpus Christi staff conducted outreach to the public through a City Manager update on July 25, 2017 during a city council meeting which was video recorded and made available online, through city news releases on July 25 and August 4 which were posted on the city newsroom website and were also promoted through Facebook and Twitter, and in an employee newsletter. Staff also conducted outreach through email and in-person communication with community stakeholders who distributed surveys and event invitations to their clients and residents throughout the city. The city created a web interface on the city website for the Assessment of Fair Housing, which can be viewed here: http://www.cctexas.com/fairhousingassessment. A notice of the public hearing was posted in the Corpus Christi Caller Times daily newspaper in both English and Spanish. The Facebook and Twitter posts for the resident survey are shown below. Morningside Research and Consulting, Inc. 11 City of Corpus Christi 2017 Assessment of Fair Housing This outreach process elicited broad community participation. The resident survey was completed by 237 residents, and individuals participated in two stakeholder focus groups (14), interviews (10), two resident focus groups (20) and a public meeting (11). In some cases, stakeholders who were interviewed also came to a focus group and were not counted twice. The table below shows the complete list of organizations represented in interviews, focus groups, and the public meeting. Table III-1 Organizations Represented in Community Participation Organizations Engaged Rio Grande Legal Aid Coastal Bend Center for Independent Living Habitat for Humanity Corpus Christi Housing Authority City of Corpus Christi Human Relations Department Blue Wave Construction Methodist Health Care Prime Real Estate City of Corpus Christi Planning Division Corpus Christi Association of Realtors Corpus Christi Metro Ministries Catholic Charities Housing Braselton Homes Mortgage Financial Services Citizens Alliance for Fairness and Progress The Salvation Army Family Endeavors Texas Low Income Housing Information Service Keller Williams Coastal Bend FAIR HOUSING STAKEHOLDER AND RESIDENT ENGAGEMENT Representatives of the following organizations were interviewed:  Rio Grande Legal Aid  Habitat for Humanity  City of Corpus Christi Human Relations Department  Coastal Bend Center for Independent Living  Corpus Christi Housing Authority Morningside Research and Consulting, Inc. 12 City of Corpus Christi 2017 Assessment of Fair Housing  Blue Wave Construction  Braselton Homes  Mortgage Financial Services  Citizens Alliance for Fairness and Progress  Texas Low Income Housing Information Service  Corpus Christi Planning Division In addition, two 1.5-hour focus groups were held with fair housing stakeholders in Corpus Christi at the following times:  Thursday August 10, 2017 at 2:45pm  Friday August 11, 2017 at 9:00am. Both focus groups were held at the City Council Chambers at City Hall. Two focus groups were held to gather insight from residents of Corpus Christi. One focus group was at Broadmoor Senior Center with 11 participants and one was at Greenwood Senior Center with 16 participants. Email invitations included a statement in Spanish that requests for translation could be made prior to the meetings. All written materials used during the focus groups were available in English and Spanish. Spanish-speaking translators were available during both focus groups and provided translation to Spanish-speaking attendees. Lunches were provided at these focus groups. The dates and times of the focus groups are below:  Broadmoor Senior Center Focus Group: Thursday August 10, 2017 at 11:30am  Greenwood Senior Center Focus Group: Friday August 11, 2017 at 11:30am At one focus group, all participants were seniors, and the other was a mix of seniors, adults, and young adults. Each focus group had a mix of renters and homeowners. Racial and ethnic identity was not asked of participants. Spanish language interpretation was provided by Spanish-speaking city employees to communicate with several non-English-speaking attendees. THEMES The following themes emerged from the interviews and focus groups with fair housing stakeholders and residents in Corpus Christi resulted in the following themes. F AIR HOUSING ACTIVITIES IN C ORPUS C HRISTI. Corpus Christi has a strong network of stakeholders engaged in fair housing issues. The Human Relations Department of Corpus Christi is a local Fair Housing Assistance Program (FHAP) that receives fair housing discrimination calls and investigates fair housing complaints for the city. The department is one of five local FHAPs in Texas. Having a local FHAP benefits Corpus Christi, as the department is able to provide local support to the community and conduct outreach through community partners. FHAP office staff, Morningside Research and Consulting, Inc. 13 City of Corpus Christi 2017 Assessment of Fair Housing including the administrator, participated in an interview and focus group to provide information about the nature of complaints received by the office. In addition to investigating complaints, FHAP office staff attend community events to educate the community on fair housing issues. Between July 1, 2016, and July 1, 2017, FHAP office staff attended 18 events in the community as shown in the table below. Table III-2 Corpus Christi Human Relations Department Fair Housing Outreach Events Since July 1, 2016 Name of Event Audience Type Operation Safe Return Public Outreach Project Homeless Connect Corpus Christi Public Outreach Department of Labor DOL Employees Outreach 3rd Annual - Young Women in Leadership Public Outreach 8th Annual Walk 'N Roll Event Public Outreach George Evans Elementary Halloween Elementary Students Outreach Life After Graduation High School Students with Disabilities Outreach Life After Graduation High School Students with Disabilities Training Del Mar College - Job Fair College Students Outreach South Texas Lighthouse for the Blind Public Outreach Candlewood Apts./The Bay Club Employees Training Del Mar College College Students Outreach Prospera Employees Training City Hall in the Mall Public Outreach Rubber Duck Round-Up Public Outreach Nueces County Courthouse Public Outreach Corpus Christi Apartment Association Annual Training Seminar CCAA Members Training Corpus Christi Apartment Association Annual Trade Show CCAA Members Outreach Despite these efforts, stakeholders engaged in this process believe community and stakeholder education on fair housing could be improved. In resident focus groups, most participants did not know whom to call about a fair housing complaint. Brochures for the Human Relations Department of Corpus Christi were distributed to all participants. In 2015, Corpus Christi residents in an historically segregated African American community on the north side of the city filed a Title VI civil rights complaint with the Federal Highway Administration (FHWA) related to segregation and environmental quality. The complaint was filed by residents of Hillcrest and Washington-Coles neighborhoods on the north side of Corpus Christi, designated for African-American residents during Jim Crow segregation, bordered by a heavy industrial zone called “refinery row” outside the city to the north and isolated from the rest of the city by Interstate 37. In 2012, the Texas Department of Transportation (TxDOT) Morningside Research and Consulting, Inc. 14 City of Corpus Christi 2017 Assessment of Fair Housing proposed the Harbor Bridge relocation, which would cut directly through the Washington-Coles neighborhood, further isolating both neighborhoods from the rest of the city and increasing pollution in the area. The area is already affected by neighboring refineries and highways. In December 2015, the residents of the north side reached a mitigation agreement with TxDOT that resulted in a voluntary relocation program for residents in the Hillcrest and Washington-Coles neighborhoods with TxDOT providing relocation counseling and financial assistance with moving, among other assistance. Additional detail about this agreement and a detailed history of the policies and practices which led to the conditions in the Hillcrest and Washington-Coles neighborhoods can be found in a report prepared by Texas Rio Grande Legal Aid, available at this website: https://savehillcrestfromharborbridge.files.wordpress.com/2015/03/title-vi- complaint-final-w-signatures.pdf. Several staff of Texas Rio Grande Legal Aid and two residents active in the affected neighborhood participated in the AFH community participation process. Texas Rio Grande Legal Aid represented the residents of the north side in this complaint and continues to be an active advocate for residents as the mitigation agreement is implemented. Additionally, Texas Low Income Housing Information Service was involved in supporting the residents of the north side and provided data and information for this AFH regarding the civil rights and environmental justice issues related to the Harbor Bridge Project. A short documentary on fair housing and environmental justice in Corpus Christi can be found on the Texas Low Income Housing Information Service at the following link: https://texashousers.net/reports/corpuschristi/. Advocates involved with the north side legal dispute believe that the city could improve communication with residents by more thoroughly incorporating resident beliefs and needs into neighborhood planning efforts. Stakeholders believe the city continues to neglect the needs of north side residents who plan to stay in the neighborhood rather than relocating. A stakeholder pointed out that the resettlement assistance from TxDOT is voluntary and stakeholders believe the city has made little effort to collaborate with residents who will stay in the neighborhood to improve conditions in the neighborhood. Further exacerbating issues on the north side, stakeholders discussed the demolition of D.N. Leathers, the public housing facility in the Hillcrest neighborhood in 2017. The Corpus Christi Housing Authority (CCHA) provided tenant-based vouchers for relocation and mobility counseling to residents who were displaced, some residents believed that the assistance was not adequate. For example, they received an outdated list of apartments accepting vouchers. S HORTAGE OF AFFORDABLE HOUSING. Stakeholders agree that Corpus Christi has a shortage of affordable housing for both renters and homebuyers. Stakeholders noted that affordable housing is concentrated on the north side of Corpus Christi, an area that has a higher concentration of African American residents than the rest of the city and on the west side of Corpus Christi, an Morningside Research and Consulting, Inc. 15 City of Corpus Christi 2017 Assessment of Fair Housing area with a higher concentration of low-income Latino/Hispanic residents who are more likely to be first or second-generation Americans or speak primarily Spanish. Affordable housing is not thought to be available on the south side or on the portion of North Padre Island in City Council District 4. Stakeholders agree that Corpus Christi lacks affordable housing options for extremely low- income residents. The CCHA has a waiting list of over 1,000 people. Stakeholders discussed that a gap exists between what is being built as affordable housing and the need in the community for deeply affordable housing, especially for families at 30 percent of median family income and below. Stakeholders suggested that affordable housing needs to be a part of the city’s planning efforts, and some suggest that a committee should be created by the city council that includes stakeholders, residents, and employers to address this issue. Stakeholders noted the lack of planning staff at the city to help address affordable housing needs. According to staff in the planning division of the City of Corpus Christi, the city eliminated the planning division four years ago and recently reestablished it in February 2017. In late 2016, the city completed a comprehensive plan, Plan CC, through the year 2035, which was the first updated plan since the 1980s. Plan CC’s vision for housing and neighborhoods includes affordable housing for all income levels. A goal of the plan is to: “support exploration of local nonprofit Community Development Corporations, which can assist in revitalizing neighborhoods through affordable housing and commercial development, job creation initiatives, neighborhood planning, and advocacy.”1 In an effort to address affordable housing and access to opportunities, the planning division will be developing area development plans in nine neighborhoods which are listed in Plan CC. Residents in focus groups who do not own their home said that it is difficult to find affordable housing in Corpus Christi. They discussed the long wait lists for public housing and lack of other options. Residents also discussed confusion with public housing rules and other affordable housing options and frustration when they are looking for an apartment with landlords who do not call them back. Some residents noted that it is challenging to find affordable housing with a criminal history. A few residents participating in focus groups said that they were paying over 30 percent of their income on housing, and one was spending over 50 percent of their income on housing. Residents also discussed that it is especially difficult to find affordable housing with multiple bedrooms for larger families. Multiple residents discussed issues of overcrowding. One resident was kicked out of an apartment because they had too many people living in the unit. Other senior residents discussed that they had family members living with them causing overcrowding in their homes. 1 Plan CC Comprehensive Plan. PDF. Web. http://docs.wixstatic.com/ugd/c701b0_9e69fd3ad1b148428fb9e2e17040f015.pdf. Accessed September 27, 2017. Morningside Research and Consulting, Inc. 16 City of Corpus Christi 2017 Assessment of Fair Housing The City of Corpus Christi has a fund, called the Type A Fund, which receives one-eighth of a cent of sales tax designated for economic and job growth. Decisions about distributing Type A Funds are made by the Type A Board, who are appointed by city council. Several stakeholders noted that this fund includes the Homebuyer Assistance Program, which provides eligible homebuyers up to $10,000 for down payment assistance. Properties purchased using Type A funds may not exceed a sales price of $166,000. The Type A Fund has $500,000 to distribute on an annual basis, which goes toward the homebuyer assistance program as well as administrative costs. Last year approximately $350,000 was distributed as homebuyer assistance and $50,000 for administrative costs. Additionally, for the past two years a portion of the Type A Fund was given to the CCHA to rehabilitate one of their public housing complexes and bring seven previously unusable units back into the market. A total of $400,000 was given to the CCHA for this purpose. Stakeholders discussed this program as a strength in the community for providing opportunities for single family homeownership among low-income residents. C OMMUNITY OPPOSITION TO AFFORDABLE HOUSING IN CERTAIN NEIGHBORHOODS. Stakeholders discussed that a barrier to building affordable housing in Corpus Christi is community opposition to affordable housing in certain neighborhoods. Stakeholders agree that community opposition exists to building affordable housing units in the Calallen area in the northwest and on the south side of Corpus Christi. Stakeholders noted that the community lacks knowledge about what affordable housing is and how it can be good for all neighborhoods. They noted that officials are not doing a good job of educating communities on the benefits of affordable housing before trying to launch a project, and thus affordable housing keeps getting pushed out of neighborhoods. Specifically, stakeholders noted that many people don’t understand tax credit properties. This group of stakeholders believe that the community opposition continues trends of segregation in Corpus Christi. V OUCHER USE. Stakeholders do not believe that everyone in Corpus Christi can live where they want. Stakeholders noted that residents using public housing vouchers are frequently turned down for rentals because landlords do not accept vouchers as a form of payment. When D.N. Leathers was recently demolished, residents were given tenant-based vouchers. Stakeholders discussed that residents experienced difficulty finding apartments that would accept vouchers, especially on the south side. Stakeholders noted that parents who were displaced when D.N. Leathers was demolished are having to withdraw their children from their current school because they cannot find a place to live nearby. The project-based affordable housing on Ayers street on the west side of Corpus Christi, including La Armada I, La Armada II, and Clairelaine Gardens, will also be transitioning to tenant-based vouchers in the future which will increase the number of Corpus Christi residents attempting to Morningside Research and Consulting, Inc. 17 City of Corpus Christi 2017 Assessment of Fair Housing use vouchers as a form of payment outside of the currently concentrated areas of affordable housing on the west and north sides of the city. Stakeholders who work with persons with disabilities noted that these individuals receive vouchers through the Texas Department of Housing and Community Affairs, and they experience similar issues with private landlords not accepting their vouchers. Stakeholders believe that private landlords not accepting vouchers continues patterns of racial segregation in the city. Some states and municipalities in other states have passed laws prohibiting landlords from denying vouchers, considering it discrimination based on source of income; however, Texas state law currently prohibits local jurisdictions from passing such protections. U NEVENLY DISTRIBUTED PUBLIC SERVICES AND AMENITIES. Stakeholders agree that many people want to live on the south side of Corpus Christi for the good schools, but many jobs are concentrated where the refineries are, north and northwest. Stakeholders agree that although public transportation is available in the city, it would be difficult for someone who relied on public transportation to live on the south side and travel to the refineries for work due to the amount of time it would take. Neighborhoods that have higher incomes and access to better schools such as the south side and the Calallen area generally have less access to public transportation in Corpus Christi, limiting the ability of a low-income or disabled person who relies on public transportation to live in those areas. Stakeholders noted that the Flour Bluff area has a homeless community that has trouble getting to services downtown due to lack of transportation in the area. Stakeholders noted that there are good libraries with public computers and active senior centers in Corpus Christi; however, they worry that these public services are vulnerable to funding reductions. They mentioned that in recent years many public pools have reduced hours or closed, and community policing efforts have been eliminated, which were assets to the community. E NVIRONMENTAL CONCERNS. Corpus Christi is an area with heavy industry, including refineries and chemical plants. Stakeholders agreed that the industry, which is primarily along Interstate 37 outside the city to the north just south of Nueces Bay, disproportionately affects neighborhoods in close proximity. Stakeholders noted that these neighborhoods have issues with decreased property value and health concerns related to air and soil quality. Many of the neighborhoods that have industry nearby are also low-income communities with high concentrations of minority residents, including neighborhoods on the north side and west side of the city. The Harbor Bridge project, which will replace the current harbor bridge, was also commonly discussed as it will cut through the Hillcrest and Washington Coles neighborhoods on the north side of Corpus Christi, Morningside Research and Consulting, Inc. 18 City of Corpus Christi 2017 Assessment of Fair Housing displacing some residents and increasing exposure to freeway pollution for those who remain in the neighborhoods. LACK OF ACCESSIBLE HOUSING. Stakeholders believe that Corpus Christi has a lack of accessible housing for residents with disabilities. According to these stakeholders, Corpus Christi has an older population, and residents are aging into disabilities. Once someone is placed in an accessible unit in public housing, they typically stay for a very long time, and it is difficult to find open units for people transitioning out of institutions or others needing an accessible unit. Advocates for individuals with disabilities believe that the city does not prioritize the needs of disabled residents in planning efforts. Stakeholders report that the CCHA has 91 accessible units and is currently the only source of permanent housing for residents with disabilities. The City of Corpus Christi, through its HOME Investment Partnership Program (HOME), has partially or fully funded projects which have generated 214 new permanent affordable and accessible units as well as 60 rehabilitated affordable and accessible units in Corpus Christi. The highest volume of fair housing complaints in Corpus Christi is regarding modifications for persons with disabilities. Individuals who age into a disability experience difficulty requesting modifications through private landlords. Additionally, some of the public housing facilities are out of date and need modifications to comply with the Americans with Disabilities Act (ADA) regulations. Advocates discussed that building affordable housing in surrounding rural areas does not benefit individuals with disabilities who rely on public transportation and need affordable housing within the city where transportation is accessible. The B-line is a paratransit service that provides door- to-door transportation services for people with disabilities who qualify for service; however, advocates for individuals with disabilities noted that it can be inconvenient because service has to be scheduled three days in advance; according to the B-Line, no exceptions are granted. LACK OF ASSISTANCE FOR HOME MODIFICATIONS AND MAINTENANCE. Senior residents noted difficulty getting assistance to install modifications to their homes such as shower grab bars, raised toilet seats, and converting the bathtub to a standing shower. Many seniors said that they rely on their children to help them install modifications. When asked if they knew whom to call if they could not rely on a family member, most residents said they would not know whom to call. Seniors discussed that it is difficult to find affordable services for other home maintenance issues such as lawn service, pest control, plumbing, and weatherization. Homeowners noted that in order to keep up with city codes they have to arrange for trees to be trimmed, but it is difficult to find an affordable service. A representative from the Human Relations Department, who takes fair housing calls in Corpus Christi, said they receive a lot of calls from people needing assistance with home maintenance and modifications and refer them to other organizations. Morningside Research and Consulting, Inc. 19 City of Corpus Christi 2017 Assessment of Fair Housing LACK OF HOUSING AND RESOURCES FOR THE INDIVIDUALS AND FAMILIES EXPERIENCING HOMELESSNESS. Stakeholders noted that Corpus Christi is lacking housing options for individuals and families experiencing homelessness. Stakeholders who work in shelters noted gaps in services. For example, in the women’s shelter, boys over the age of 13 are not allowed, and in the men’s shelter, individuals with severe mental illness are sometimes barred from facilities due to behavior that is seen as dangerous. Stakeholders discussed the need for supportive housing options for the homeless population who experience severe mental illness. INVESTMENT IN EXISTING NEIGHBORHOODS. Stakeholders noted that many dilapidated homes exist in Corpus Christi. Some stakeholders believe that code enforcement should address the number of blighted homes, however others thought that stricter code enforcement could force low- income homeowners out of their home because they are unable to afford the required maintenance. Stakeholders noted that rather than improve existing housing stock, development is occurring in new areas of the city, including the south side and some on the west side. Stakeholders also said that existing infrastructure in the city, such as roads and water facilities, are old and not well maintained. When asked about underdeveloped areas, some stakeholders noted that rural areas, including the many colonias2 near the city and other areas outside the city limits, are not connected to sewer and wastewater which is a barrier to development and an added cost for developers. Some stakeholders noted that many older homes in Corpus Christi have title issues, preventing redevelopment. An example provided by a stakeholder that often occurs in Corpus Christi is a family who has been in a home for generations but the current residents do not own the title, nor do they know where the correct heir is. Stakeholders suggested a land trust is needed to clear titles in order to rebuild on existing lots. Stakeholders discussed infill, building within the city in communities that already exist, rather than continuing to grow out. Infill helps to keep residents close to amenities such as existing transportation networks, schools, and grocery stores. Stakeholders noted zoning changes are needed to allow for multiple units to be built on single-family lots in residential neighborhoods but generally believe that the city was receptive and easy to work with on changing zoning rules. LANGUAGE BARRIERS. Stakeholders discussed language barriers for Spanish and Asian languages. Although some stakeholders believe that Corpus Christi has enough Spanish speaking realtors, others believe that there are not enough. A Spanish speaking realtor in one of the focus groups noted that four or five Spanish speakers work in their office of 200 realtors, which is a small number considering the number of Corpus Christi residents who speak primarily Spanish. 2 Colonias are defined by the Texas Secretary of State as residential areas along the Texas-Mexico border that may lack basic living necessities such as water and sewer systems, electricity, roads, and safe housing. What is a Colonia. Texas Secretary of State Rolando Pablos. Web. https://www.sos.state.tx.us/border/colonias/what_colonia.shtml. Accessed September 21, 2017. Morningside Research and Consulting, Inc. 20 City of Corpus Christi 2017 Assessment of Fair Housing Stakeholders believe realtors who speak Asian languages are lacking in Corpus Christi and discussed the recent influx of Asian residents due to international industry partnerships in the area. FAIR HOUSING PUBLIC MEETING A public meeting was held at 5:30pm on Thursday August 10, 2017 at the Salvation Army Community Center, a separate location from the shelter. Eleven participants attended the event. The event included a presentation on the definition and history of fair housing and the demographics of Corpus Christi relevant to fair housing issues along with three activities to obtain community input: A dot activity to identify protected classes who experience discrimination; a map activity to identify areas with limited access to good schools, jobs, transportation, and affordable housing; and a prioritization worksheet. D OT ACTIVITY. The dot activity displayed the protected classes from The Fair Housing Act and asked participants to place a dot sticker on the groups of people most affected by fair housing issues. The responses are shown in the table below. Table III-3 Protected Classes Who are Most Affected by Fair Housing Issues in Corpus Christi Population Group Number of Dots Race 11 Hispanic/Latino 3 African American/Black 2 Asian Indian 1 Native Hawaiian/Pacific Islander 1 American Indian/Native American 1 White 1 Multiracial 1 Other 0 Disability 5 National Origin 3 Families with Children 2 Sex 1 Male 0 Female 0 LGBTQ 1 Religion 1 Other 1 Participants were invited to share additional written thoughts about housing discrimination. Seven comments were received. Two were related to individuals and families of foreign national Morningside Research and Consulting, Inc. 21 City of Corpus Christi 2017 Assessment of Fair Housing origin who cannot qualify for home mortgages and do not apply for affordable housing because they will not be accepted. Three were related to individuals with disabilities, one indicating that many properties do not have bathrooms that meet ADA standards, another indicating that the degree of a person’s disability is not considered for housing needs, and one stated that age discrimination occurs in Corpus Christi. The last two comments related to family safety, noting that Corpus Christi neighborhoods are not always safe and well-lit. M AP ACTIVITY. Two large maps of Corpus Christi were displayed at the map station. The maps displayed the City of Corpus Christi and the boundaries of each of the five city council districts. On one map, participants were asked to identify areas that do not have access to good schools, jobs, or transportation using different colored push pins. On the second map, participants were asked to put one color pin in areas where affordable housing exists and another color where it should exist. The results of both map activities are described below. M AP 1 : S CHOOLS, JOBS, AND PUBLIC TRANSPORTATION. City Council District 3, on the west side of Corpus Christi in, just east of Corpus Christi International Airport and south of Texas Highway 44 received the most pins. This area of the map showed a lack of access to good schools (three pins) as well as a lack of access to good jobs (three pins). Slightly further south in District 3 south of Brownsville Road, an additional pin indicated a lack of access to good schools and a pin indicated a lack of access to public transportation. District 1 had the second highest concentration of pins in the activity. South of Leopard Street and east of Rand Morgan Street on the west side of Corpus Christi, one pin indicated lack of access to good schools and one pin indicated lack of access to public transportation in the area. Additionally, in the Hillcrest neighborhood north of Interstate 37, a pin indicated lack of access to good schools. Although District 1 had the second highest concentration of pins, no pins were placed in the far northwest corner of this district in the Calallen neighborhood. In District 4, one pin indicated a lack of access to good jobs in the Flour Bluff area and one pin indicated lack of access to public transportation on the portion of North Padre Island located within this district. Stakeholders did not place any pins in Districts 2 or 5. Although this AFH focuses on the City of Corpus Christi, some participants placed pins outside of the city limits. Participants indicated lack of access to public transportation in Petronila and Chapman Ranch, south of Corpus Christi, and north across the bay bridge into Portland. Participants also indicated a lack of good jobs in Petronila and Chapman Ranch. Robstown, west of the City of Corpus Christi, received two pins indicating a lack of access to good jobs and one pin indicating lack of access to good schools. Morningside Research and Consulting, Inc. 22 City of Corpus Christi 2017 Assessment of Fair Housing M AP 2 : AFFORDABLE HOUSING. Eight pins were placed in areas in Corpus Christi that have affordable housing and 12 were placed for areas that should have affordable housing. One pin outside of the city indicated affordable housing is available just west of the city toward Robstown. According to participants in this activity, District 3 has the most affordable housing (three pins), however it also had the most pins indicating it should have more affordable housing (seven pins). Affordable housing was identified in the south of District 3 near Ayers Street and South Padre Island Drive and just east of the Corpus Christi International Airport. The seven pins indicating District 3 should have more affordable housing were spread throughout the district. Affordable housing was identified in District 4 (two pins) near Rodd Field Road and in the Flour Bluff neighborhood, however the district was also identified as needing more affordable housing (three pins). Districts 1, 2, and 4 each had one pin indicating that affordable housing exists in the area, and of those three, District 1 had two pins indicating more affordable housing is needed in the area - one on the west side and one close to downtown. P RIORITIZATION WORKSHEET. Participants in each focus group and the public meeting were asked to prioritize what they believe are the most significant fair housing issues in Corpus Christi as well as the area of the city affected by each issue. Below is a table of responses in order of frequency. Table III-4 Prioritization of Fair Housing Issues Issue Frequency Area Affordable housing issues 24 City-wide Lack of accessible housing 14 District 4 Amenities that are not equally distributed throughout the city 11 District 1, 2, 4, 5 Income discrimination/not taking vouchers 7 District 1 Community opposition 5 District 1, 4 Lack of private and public investment or lack of community involvement 5 City-wide Segregation 4 No location identified Lack of knowledge or education 3 District 1, 5 Denials due to criminal background check 3 No location identified Lack of community revitalization strategies 3 No location identified Displacement of residents due to economic pressures 3 District 3, 5 Discrimination based on family size 2 No location identified Lack of financial services and education 2 No location identified Discrimination based on sex 2 No location identified Discrimination based on race 2 District 5 Private discrimination 2 No location identified Homelessness 2 District 4, north side Lack of regional cooperation 2 District 2 Denials due to bad credit 1 No location identified Lack of income 1 No location identified Morningside Research and Consulting, Inc. 23 City of Corpus Christi 2017 Assessment of Fair Housing Issue Frequency Area Discrimination based on national origin 1 No location identified Discrimination against younger people 1 District 5 Land use and zoning 1 District 2 Low paying jobs 1 District 1 Discrimination based on sexual orientation 1 District 2 PUBLIC HEARING A public hearing was held on October 10, 2017, at 5:30 pm. The notice for the public hearing indicated that anyone who needed accommodation should call the City Housing and Community Development Department (HCD) 24 hours prior to the meeting. A phone number to make such a request was included in the notice. One person appeared at the hearing and the comments made and the response from the city are included in the Appendix to this report. A Spanish-speaker was available at the meeting to translate if needed. RESIDENT FAIR HOUSING SURVEY The Corpus Christi Assessment of Fair Housing survey was available online and in paper formats in both English and Spanish. The survey was open for responses online between July 13, 2017 and August 18, 2017. Of the 236 responses received, 232 completed the survey online and 4 completed and returned the paper version. The City Manager announced the survey twice during city manager updates to city council. The city also sent multiple electronic notifications through an employee newsletter and emails to community partners. Stakeholders were asked to distribute the survey and send regular reminders to their clients and contacts. The following sections provide a detailed analysis of the survey results. DEMOGRAPHICS All respondents completed the survey in English. Of the 189 respondents who indicated their race or ethnicity, 46.6 percent identify as White/Caucasian, 46.0 percent identify as Hispanic, and 7.9 percent chose not to answer. A majority (73.7 percent) of respondents identify as female. Most survey respondents (60.9 percent) were between 36 and 64 years old. Morningside Research and Consulting, Inc. 24 City of Corpus Christi 2017 Assessment of Fair Housing Table III-5 shows the educational attainment of respondents. Approximately 42.9 percent have a bachelor’s degree or higher, 37.0 percent have some college or an associate’s degree, 14.8 percent have a high school diploma, and 5.3 percent have less than a high school diploma. Table III-5 Educational Attainment of Respondents Highest Educational Attainment Percent of Respondents Less than high school diploma 5.3% High school diploma 14.8% Some college or associate’s degree 37.0% Bachelor’s degree or higher 42.9% Table III-6 shows the household income distribution of respondents. Table III-6 Income Distribution of Respondents Household Income Percent of Respondents Less than $15,000 10.8% Between $15,000 and $25,000 13.5% Between $25,000 and $40,000 16.2% Between $40,000 and $50,000 7.6% Between $50,000 and $65,000 16.2% Between $65,000 and $80,000 11.9% Between $80,000 and $100,000 12.4% More than $100,000 11.4% About 65.2 percent of respondents are employed full time, 7.5 percent are employed part time, 22.5 percent are unemployed, and 4.8 percent are full-time students. C URRENT HOUSING. Most respondents report living in ZIP codes 78404 (City Council Districts 2 and 4), 78410 (City Council District 1), 78413 (City Council Districts 3 and 5), and 78418 (City Council District 4). On average, respondents have lived in Corpus Christi for approximately 24 years. Most respondents have lived at their current residence from 1 to 16 years. Most respondents are satisfied with their current housing situation, with a respondent satisfaction average of 3.3 on a scale of 1 to 5. About one-third of respondents report they are not happy in their current neighborhood. Many cite financial affordability as a major reason. Many respondents (40 percent) report that they would move to a different neighborhood, citing desires such as paying less for housing, moving to a bigger place, moving to a safer or quieter area, and gaining better roads and living conditions. As one respondent writes, “Roads and sidewalks are deteriorated and we can't even use sidewalks to go for a walk. Some homes are abandoned and allowed to sit empty.” Other Morningside Research and Consulting, Inc. 25 City of Corpus Christi 2017 Assessment of Fair Housing respondents write, “I want to get away from the refinery and all the noise of the freeway”, and “On my side of town people are neglectful of their properties and the city seems not to care as much as it does for the south side of town.” Most respondents (82.5 percent) have at least one child under age 18 in their household, and the average household has three people (including the respondent). Close to half of the respondents (45.8 percent) say their home has three bedrooms; 18.4 percent have more than three bedrooms; 27.4 percent have two bedrooms; and 8.4 percent have one bedroom. Most respondents (74.9 percent) believe that their current neighborhood is not affected by air pollution. HOMEOWNERS. Nearly half (47.9 percent) of respondents say they live in a house or condo that they own. Of a total of 95 respondents, 91 say they have access to a public sewer, 45 have access to gas, 6 have access to septic systems, and all of them say they have electricity, indoor running water, hot water, and a working bathroom in their house or condo. Most owners say that their house is between 30 and 50 years old. A majority of homeowners (74.7 percent) indicate that they are able to keep up with the maintenance on their house, with 10.5 percent indicating they are somewhat able to keep up. Most respondents are satisfied with their mortgage rate, with a respondent satisfaction average of 3.5 on a scale of 1 to 5. R ENTERS. About one-third of respondents (34.1 percent) say that they live in a house or apartment that they rent. Of a total of 77 renters, 66 say they have access to air-conditioning and heat, 64 say they have access to a public sewer, 28 have access to gas, 10 have access to septic systems, and most of them say they have electricity, indoor running water, hot water, and a working bathroom in their rental. On average, these renters have been living in their current location for about four years. The most common reasons for not buying a house are not having enough money for a down payment and not having good credit, although some respondents pointed out that they were in the process of buying a house. When asked how satisfied they are with the cost of their rent on a scale of 1 to 5, respondents give an average rating of 2.7. OTHER LIVING ARRANGEMENTS. Of the remaining 38 respondents, 5 respondents say they live with friends or relatives and do not pay rent, 11 live with others and help with household expenses, 10 live in publicly supported housing, 1 lives in a temporary shelter, 2 are currently homeless, and 9 respondents listed other living arrangements. C OST BURDEN. Just over half of residents (54.7 percent) indicate that they are experiencing cost burden, which is defined as spending more than 30 percent of their monthly household income on housing, and 31.2 percent indicate that they are severely cost burdened, spending more than 50 percent of their household income on housing. Morningside Research and Consulting, Inc. 26 City of Corpus Christi 2017 Assessment of Fair Housing A CCESS TO OPPORTUNITIES. Most residents (74.3 percent) believe that they have access to good schools in their neighborhood, and 70.1 percent believe they have adequate access to transportation. Just over half of residents (57.2 percent) believe they have access to good jobs. Approximately 32.2 percent indicate that they would use public transportation if it were available and another 32.2 percent indicate they might use it. A CCESSIBILITY. Regarding accessibility, 11.0 percent of respondents have someone with one or more disabilities living in their home, and 9.0 percent have at least one person over age 65 living in their home. Few respondents (8.2 percent) indicate that their residences have been modified for a disability. Some respondents paid for these modifications through a personal loan while others say that their apartments came with accessibility modifications. Most respondents (56.3 percent) report modified toilet seats in their residences; others say handicap showers are installed. Some residents (12.3 percent) say that they need accessibility modifications, specifying the need for widened doorways, modified bathrooms, and wheelchair ramps. Few respondents (24.9 percent) know how to request modifications to their residence for a disability. Most residents (54.4 percent) describe the public areas and facilities in Corpus Christi as “somewhat accessible” and 16.6 percent describe them as “very accessible”. D ISCRIMINATION. Out of 190 respondents to questions about discrimination, 17.4 percent indicate that they have been turned down for a mortgage. A majority (67.7 percent) believe that they were turned down because their credit score was too low. Seven residents believe their mortgage application was turned down for discriminatory reasons on the basis of familial status (having children), religion, race, or sex. Nine respondents described low income, credit score, and physical appearance as reasons why their mortgage application was turned down. Fifteen residents say their real estate agent did not show them all of the places they were interested in when looking for a house or condo to buy. Similarly, of the nine percent of residents who have experienced a rental application rejection, more than half believe it was because of their low credit score, although some say it could be because of a weak rental history or criminal record. Twelve residents believe their rental applications were turned down for discriminatory reasons, on the basis of familial status, disability, race, or color. Others believe it was because of ethnicity. As one respondent writes, “When I called and used my Spanish surname I was told there were no units, 5 minutes later, using my Anglo maiden name, I was offered the apartment.” Out of 192 respondents, nine explicitly say that they have been discriminated against regarding access to housing, based on familial status, disability, race/ethnicity, or color. Another respondent reports having been turned down because they were previously homeless. Morningside Research and Consulting, Inc. 27 City of Corpus Christi 2017 Assessment of Fair Housing FAIR HOUSING OUTREACH AND EDUCATION. Most respondents (47.9 percent) say they do not know how to file a housing complaint, and many (44.8 percent) say they do not know who to talk to if they believe they have been discriminated against while looking for housing. Of the 190 residents who responded, about one-third (33.2 percent) say they do not trust that a housing complaint would be addressed if they were to file one. COMMUNITY PARTICIPATION LIMITATIONS Outreach was intended to engage broad participation among protected class groups, however demographic information was not collected from participants in interviews and focus groups. The city engaged in a robust outreach effort to include residents and stakeholders of many protected classes including race, color, national origin, sex, disability, religion, and family status. Members of the African American community living on the north side participated in this AFH; however, considering recent fair housing history in the city, more targeted outreach to this community could have yielded higher participation. Additionally, participation of primarily Spanish speaking low-income Hispanic residents was lower than expected given the large Hispanic population in Corpus Christi. In the future, several steps can be taken to improve community participation in the AFH: 1. Plan for a more robust communication effort from the city to the community, including wider and more frequent publication of announcements of meetings, particularly in Spanish-language print publications. Consider using public service announcements on radio and television media outlets, including those that serve Spanish-speaking audiences. 2. More targeted outreach to members of protected classes through neighborhood associations, churches, and community organizations to increase participation among members of protected classes, particularly individuals with disabilities. 3. As funds allow, consider expanding the number of focus groups and locate the focus groups in additional areas of the community to reach populations historically impacted by segregation or experiencing other fair housing problems. 4. As funds allow, consider translating the AFH into Spanish for review during the public comment period. Morningside Research and Consulting, Inc. 28 City of Corpus Christi 2017 Assessment of Fair Housing PUBLIC COMMENTS The AFH was available for public comment between October 18, 2017 and November 20, 2017. Comments were received during this period as well as during the public hearing on October 10, 2017. The comments received are summarized in a table in the Appendix to this report. The table indicates which comments were accepted and which were rejected. Morningside Research and Consulting, Inc. 29 City of Corpus Christi 2017 Assessment of Fair Housing VI. Assessment of Past Goals and Actions Morningside Research and Consulting, Inc. 30 City of Corpus Christi 2017 Assessment of Fair Housing IV. ASSESSMENT OF PAST GOALS AND ACTIONS a) Indicate what fair housing goals were selected by program participant(s) in recent Analyses of Impediments, Assessments of Fair Housing, or other relevant planning documents: The City of Corpus Christi adopted 15 fair housing recommendations in its 2012 Analysis of Impediments to Fair Housing Choice (AI). Housing and community development goals set in the 2013- 2017 Consolidated Plan (ConPlan) and 2016 – 2017 Annual Action Plan are also relevant to fair housing in Corpus Christi. b) Discuss what progress has been made toward their achievement Overall, fair housing and community development goals set by the City of Corpus Christi have primarily focused on expanding the stock of affordable housing available in the city. Significant progress has been made toward achieving these goals. Since 2012, the city has used HOME Investment Partnership Program funds to support new construction of 206 affordable multi- family units and the reconstruction of 495 affordable multi-family units. The city has also created the Veteran’s Minor Home Repair and Appliance Replacement Programs and continues to partner with lenders and builders in the community to provide down payment and cost assistance. c) Discuss how you have been successful in achieving past goals, and/or how you have fallen short of achieving those goals (including potentially harmful unintended consequences) Since 2012, the City of Corpus Christi, through the Housing and Community Development Department, has been successful in providing HOME funding and support to multi-family projects for both new construction and demolition/reconstruction. However, as overall funding has decreased, efforts have decreased each year. In particular, the city has been unable to implement an Affirmative Fair Housing Marketing Plan (AFMHP) due to funding cuts and a shift in priorities at the local government level. An AFMHP is a marketing strategy to help applicants (owners/agents) who participate in Federal Housing Agency subsidized and unsubsidized multi- family housing programs offer equal housing opportunities regardless of race, color, national origin, religion, sex, familial status, or disability to individuals of both minority and non-minority groups. Implementing an AMFMP would help create fair and open access to affordable housing and a centralized program for self-help initiatives. d) Discuss any additional policies, actions, or steps that you could take to achieve past goals, or mitigate the problems you have experienced The greatest obstacle to achieving fair housing and community development goals in Corpus Christi has been the availability of funds. Possible means for addressing this challenge include Morningside Research and Consulting, Inc. 31 City of Corpus Christi 2017 Assessment of Fair Housing leveraging existing funds through public-private partnerships and expanding collaboration among public, private, and non-profit organizations to better understand and prioritize the needs of the community. e) Discuss how the experience of program participants with past goals has influenced the selection of current goals. The experience gained through implementing the fair housing and community development goals described below has allowed the city to re-evaluate each goal and make necessary adjustments to better meet the needs of the community. Focus will remain on expanding the affordable housing stock; however, goals adopted for this Assessment of Fair Housing also place emphasis on housing mobility, access to public services and amenities, accessible housing, neighborhood revitalization, and resident involvement. The city adopted the following goals and recommendations in the most recent AI, ConPlan, and Annual Action Plan for the City of Corpus Christi. Each contains a summary of the progress made toward achieving these goals. 2012 AI RECOMMENDATIONS An update on each of the recommendations submitted to HUD by the City of Corpus Christi in 2012 is provided below. 1. The city should support the increased production of affordable housing through public private partnerships with developers and capacity building for nonprofits. The City of Corpus Christi, through the Housing and Community Development Department (HCD), has partnered with a nonprofit organization to demolish two apartment complexes that no longer meet minimum property standards and replace them with 247 Energy Star units for low- and very low-income families. These units will be energy efficient and lead to lower energy costs for these families. HCD has also partnered with a developer to invest in a new 60-unit apartment complex for low- and very low-income families. 2. The city should facilitate access to below market-rate units. According to the 2012 AI remedial actions, the city will facilitate communication between special needs service providers and affordable housing developers to ensure that home seekers with special needs have access to below market-rate units. The city will also partner with developers and nonprofit organizations to reduce the obstacles faced by persons with limited English proficiency, persons with disabilities, and elderly people in submitting applications for below market-rate units. The city continues to partner with nonprofit organizations and developers to provide access to below market-rate units for low- and very low-income families. Morningside Research and Consulting, Inc. 32 City of Corpus Christi 2017 Assessment of Fair Housing 3. The city should maintain a list of partner lenders. The City of Corpus Christi maintains a list of partner lenders including Nations Reliable Lending, Wells Fargo Mortgage, First Community Bank, New American Funding, Caliber Home Loans, Kleberg Bank, American Bank, Extraco Mortgage, First Community Mortgage, and Prosperity Bank. Through these partner lenders, buyers can access below market-rate loans and locally sponsored down payment and mortgage assistance programs. 4. The city should identify and seek additional sources of funds for affordable housing. The City of Corpus Christi maintains a Type A Fund, financed by a one-eighth cent sales tax and designated for economic development and job growth. This fund helps affordable housing programs provide low- to moderate-income residents with down payment and closing costs assistance. 5. The city should encourage private sector support for affordable housing initiatives. Through its AI remedial goals, the city encourages major employers and lenders to consider Employer- Assisted Housing (EAH) programs to provide greater access to fair housing for their employees. Benefits such as grants, forgivable loans, deferred or repayable loans, matched savings, and home buyer education help encourage affordable housing development and homeownership. 6. The city should increase fair housing education and outreach. The City of Corpus Christi, through the Human Relations Division, assists residents with fair housing education and outreach. The Human Relations Division holds several annual training functions to address issues related to fair housing and access for people with disabilities. In addition, the department conducts fair housing outreach through community-based events. 7. The city should target outreach and training toward housing industry organizations and general public. The City of Corpus Christi, through the Human Relations Division, carries out its mission to conduct and enforce a positive program of non-discrimination within the City of Corpus Christi. The department provides regular reports and recommendations to the City Council and others for the improvement of relationships within and among the diverse communities of Corpus Christi. As shown in Table III-2 in the Community Participation section of this report, in the last year the Human Relations Department has attended eight events for outreach to the general public and has led trainings for employees of the Corpus Christi Apartment Association and Prospera, a nonprofit developer of affordable housing. 8. The city should encourage fair housing enforcement agencies to target increase fair housing testing for multi-family properties. The City of Corpus Christi and Human Relations Department do not conduct fair housing testing. Morningside Research and Consulting, Inc. 33 City of Corpus Christi 2017 Assessment of Fair Housing 9. The city should apply for competitive and Non-Entitlement State and Federal funding and assistance from nonprofit intermediaries. The City of Corpus Christi continues to fund the Homebuyer Down Payment Assistance Program through its Type A Fund. The city also continues to search for additional funding resources to advance fair housing objectives. 10. The city should encourage bank and traditional lenders to offer products addressing the needs of households currently utilizing predatory lenders. The City of Corpus Christi encourages lending institutions to provide greater outreach to low-income and minority households through the use of “fresh start programs”. These programs enable residents with past financial deficiencies to reestablish their checking, saving, and credit accounts. The city also encourages appraisal industry representatives to perform comparability studies that reflect realistic values of homes built in low-income areas. 11. The city should provide language assistance to persons with limited English proficiency. The City of Corpus Christi continues to provide language assistance to persons with limited English proficiency. All city brochures and documents are available in Spanish and other languages upon request. 12. The city should continue to implement an Affirmative Fair Housing Marketing Plan (AFHMP) to create fair and open access to affordable housing. The City of Corpus Christi has not implemented an Affirmative Fair Housing Marketing Plan. Implementing an AMFMP would help create fair and open access to affordable housing and a centralized program for self-help initiatives 13. The city should continue to encourage recruitment of industry and job creation. The City of Corpus Christi continues to participate in plans that support economic development. Plan CC, Corpus Christi’s Comprehensive Plan is one such plan that creates a 20-year policy and strategic framework for the city. A new Downtown Revitalization Plan is scheduled for review by the City Council for approval. 14. The city should design and implement a centralized program of self-help initiatives. The City of Corpus Christi chose not to pursue this program due to funding cuts. Morningside Research and Consulting, Inc. 34 City of Corpus Christi 2017 Assessment of Fair Housing V. Fair Housing Analysis Morningside Research and Consulting, Inc. 35 City of Corpus Christi 2017 Assessment of Fair Housing V.A. DEMOGRAPHIC SUMMARY a) Describe demographic patterns in the jurisdiction and region, and describe trends over time (since 1990). U.S. Department of Housing and Urban Development (HUD) Table 1 shows the demographics of Corpus Christi based on the most recent data for the city. A majority (59.7 percent) of the Corpus Christi population is Hispanic, although Non-Hispanic White residents make up approximately one-third of the population. Black residents make up 3.9 percent of the population, Asian or Pacific Islander residents make up 1.8 percent of the population, and Native American, multi- racial, or other residents make up 1.3 percent of the population. The City of Corpus Christi has a higher proportion of Hispanic residents compared with the larger Corpus Christi region (Nueces and San Patricio counties). Corpus Christi residents from outside the United States are predominately from Mexico, and Mexican-American residents make up approximately 5.3 percent of the total Corpus Christi population. Other residents from outside the United States are from Asian countries such as the Philippines, India, Korea, Vietnam, and China; Latin American countries such as El Salvador and Honduras; and European countries such as Germany and England. This is comparable to the national origin of residents in the larger Corpus Christi region, although the city has a higher concentration of foreign-born residents. The most commonly spoken language of Corpus Christi residents with limited English proficiency is Spanish, with 28,859 Spanish-speaking residents representing 10.0 percent of the population. Corpus Christi has more females than males, and residents in the City of Corpus Christi are less likely to have a disability than in the broader Corpus Christi region. The city also has a higher proportion of families with children (44.9 percent) and residents aged 18-64 years (62.3 percent) than the region as a whole. Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Table 1. Demographics Corpus Christi, Texas Corpus Christi, Texas Region Race/Ethnicity Number Percent1 Number Percent White, Non-Hispanic 101,655 33.31% 155,550 36.33% Black, Non-Hispanic 11,892 3.90% 13,338 3.12% Hispanic 182,183 59.69% 247,231 57.74% Asian or Pacific Islander, Non- Hispanic 5,562 1.82% 6,704 1.57% Native American, Non-Hispanic 799 0.26% 1,169 0.27% Two or More Races, Non- Hispanic 2,758 0.90% 3,720 0.87% Morningside Research and Consulting, Inc. 36 City of Corpus Christi 2017 Assessment of Fair Housing Corpus Christi, Texas Corpus Christi, Texas Region Other, Non-Hispanic 366 0.12% 473 0.11% National Origin #1 country of origin Mexico 15,247 5.30% Mexico 19,473 4.83% #2 country of origin Philippines 1,499 0.52% Philippines 1,625 0.40% #3 country of origin India 731 0.25% India 849 0.21% #4 country of origin Germany 589 0.20% Germany 725 0.18% #5 country of origin Korea 537 0.19% Vietnam 582 0.14% #6 country of origin El Salvador 460 0.16% Korea 563 0.14% #7 country of origin Vietnam 441 0.15% Canada 494 0.12% #8 country of origin China excl. Hong Kong & Taiwan 315 0.11% El Salvador 480 0.12% #9 country of origin Honduras 311 0.11% Honduras 383 0.10% #10 country of origin England 264 0.09% China excl. Hong Kong & Taiwan 325 0.08% Limited English Proficiency (LEP) Language #1 LEP Language Spanish 28,859 10.03% Spanish 40,449 10.03% #2 LEP Language Korean 365 0.13% Tagalog 389 0.10% #3 LEP Language Tagalog 344 0.12% Vietnamese 387 0.10% #4 LEP Language Chinese 302 0.11% Korean 377 0.09% #5 LEP Language Vietnamese 298 0.10% Chinese 313 0.08% #6 LEP Language German 179 0.06% German 195 0.05% #7 LEP Language Gujarati 90 0.03% Japanese 154 0.04% #8 LEP Language Other Asian Language 86 0.03% Arabic 120 0.03% #9 LEP Language Japanese 72 0.03% Laotian 120 0.03% #10 LEP Language Greek 68 0.02% Thai 106 0.03% Disability Type Hearing difficulty 13,899 4.92% 20,912 5.27% Vision difficulty 10,222 3.62% 15,370 3.87% Cognitive difficulty 19,171 6.78% 27,216 6.86% Ambulatory difficulty 25,883 9.16% 39,062 9.85% Self-care difficulty 11,913 4.21% 17,408 4.39% Independent living difficulty 17,164 6.07% 25,457 6.42% Sex Male 149,679 49.04% 210,686 49.20% Female 155,536 50.96% 217,499 50.80% Age Under 18 78,695 25.78% 111,053 25.94% 18-64 190,165 62.31% 262,256 61.25% 65+ 36,354 11.91% 54,876 12.82% Family Type Families with children 34,261 44.89% 47,666 43.83% Source: U.S. Census Bureau, 2010, as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. 1 All percentages represent the share of the total population within the jurisdiction or region, except family type, which represents the share of total families. Morningside Research and Consulting, Inc. 37 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 1 displays the location of Corpus Christi residents by race and ethnicity. Most Hispanic residents live on the western half of the city, predominately in the north-central area, and most Non-Hispanic White residents live on the eastern half of the city, predominately in the northeast bay area. HUD Map 1 Race/Ethnicity HUD Table 2 shows demographic trends in Corpus Christi and the region from 1990 to 2010. The data indicate that, although the total Corpus Christi population increased only slightly over this period, the city experienced considerable in-migration. This can be seen in HUD Table 2 by an increase in the foreign-born population from 13,617 residents in 1990 to 24,668 residents currently. This has corresponded with an increase in the Hispanic population from 130,213 residents to 182,183 residents. Since 1990, the representation of Hispanic residents in the Corpus Christi population has increased from 50.2 percent to 59.7 percent, partly because the Non- Hispanic White population decreased over the same period. Morningside Research and Consulting, Inc. 38 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 2. Demographic Trends Corpus Christi, Texas Corpus Christi, Texas Region 1990 2000 2010 1990 2000 2010 Race/Ethnicity Number Percent Number Percent Number Percent Number Percent Number Percent Number Percent White, Non- Hispanic 114,355 44.05% 107,631 38.62% 101,655 33.31% 164,631 44.76% 165,492 41.03% 155,550 36.33% Black, Non- Hispanic 11,619 4.48% 13,031 4.68% 12,858 4.21% 13,047 3.55% 15,637 3.88% 14,581 3.41% Hispanic 130,213 50.16% 151,150 54.24% 182,183 59.69% 185,394 50.40% 212,674 52.73% 247,231 57.74% Asian or Pacific Islander, Non- Hispanic 1,970 0.76% 4,190 1.50% 6,499 2.13% 2,695 0.73% 5,557 1.38% 7,876 1.84% Native American, Non-Hispanic 733 0.28% 1,610 0.58% 1,523 0.50% 999 0.27% 2,480 0.61% 2,300 0.54% National Origin Foreign-born 13,617 5.25% 18,701 6.71% 22,728 7.45% 17,361 4.72% 23,996 5.95% 29,513 6.89% LEP Limited English Proficiency 35,789 13.79% 33,010 11.85% 31,646 10.37% 56,838 15.45% 48,651 12.06% 46,619 10.89% Sex Male 126,637 48.80% 136,346 48.93% 149,679 49.04% 180,255 49.01% 198,300 49.17% 210,686 49.20% Female 132,886 51.20% 142,311 51.07% 155,536 50.96% 187,512 50.99% 204,980 50.83% 217,499 50.80% Age Under 18 78,126 30.10% 80,688 28.96% 78,695 25.78% 112,064 30.47% 118,748 29.45% 111,053 25.94% 18-64 155,570 59.94% 166,990 59.93% 190,165 62.31% 217,339 59.10% 238,086 59.04% 262,256 61.25% 65+ 25,828 9.95% 30,978 11.12% 36,354 11.91% 38,364 10.43% 46,446 11.52% 54,876 12.82% Family Type Families with children 36,251 54.41% 22,307 49.92% 34,261 44.89% 50,925 53.71% 34,600 50.10% 47,666 43.83% Source: U.S. Census Bureau, 1990-2010, as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. The overall population of Corpus Christi also became older over this period. Families with children decreased from 54.4 percent of the population in 1990 to 44.9 percent of the population in 2010. This corresponded with a decrease in the number of residents under age 18 from 30.1 percent of the population in 1990 to 25.8 percent of the population currently. The change in age group proportions in Corpus Christi over this period corresponded to similar changes in the larger region. HUD Maps 2.1, 2.2, and 2.3 show the residential patterns of Corpus Christi residents from 1990 to 2010. Located on the Gulf of Mexico, Corpus Christi has a population that lives mostly in the coastal areas. In 1990, most of the population of Corpus Christi lived in the north-central area of the city. By 2000, more residents had begun to live on the outskirts of the city, particularly in the southeast and northwest areas. By 2010, the population had become more dispersed across the city, with a higher concentration of residents living on the portion of North Padre Island located within City Council District 4. Morningside Research and Consulting, Inc. 39 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 2.1 Race/Ethnicity Trends, 1990 HUD Map 2.2 Race/Ethnicity Trends, 2000 Morningside Research and Consulting, Inc. 40 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 2.3 Race/Ethnicity Trends, 2010 Morningside Research and Consulting, Inc. 41 City of Corpus Christi 2017 Assessment of Fair Housing V.B.I. SEGREGATION/INTEGRATION ANALYSIS a) Describe and compare segregation levels in the jurisdiction and region. Identify the racial/ethnic groups that experience the highest levels of segregation. According to the U.S. Department of Housing and Urban Development (HUD), the dissimilarity index is calculated by comparing the population differences of racial or ethnic groups across individual census tracts with the population differences of racial or ethnic groups in the jurisdiction.3 HUD Table 3 shows the dissimilarity index across different racial and ethnic groups in Corpus Christi. Values on the index below 40.0 indicate low segregation, values between 40.0 and 54.0 indicate moderate segregation, and values above 55.0 indicate a high level of segregation. The most recent data in HUD Table 3 indicate that in Corpus Christi, the highest level of segregation is between Black and Non-Hispanic White residents, followed by segregation between Hispanic and Non-Hispanic White residents. Both of these comparisons meet the threshold for moderate segregation. The lowest level of segregation in Corpus Christi is between Asian or Pacific Islander residents and Non-Hispanic White residents. Compared with the larger Corpus Christi region (Nueces and San Patricio counties), the Corpus Christi jurisdiction is currently less segregated across all racial and ethnic groups. Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Table 3. Racial/Ethnic Dissimilarity Trends Corpus Christi, Texas Corpus Christi, Texas Region Racial/Ethnic Dissimilarity Index 1990 Trend 2000 Trend 2010 Trend Current 1990 Trend 2000 Trend 2010 Trend Current Non-White/White 44.27 40.75 37.49 39.18 47.09 43.98 40.35 42.31 Black/White 57.92 46.54 42.81 44.08 55.74 43.97 43.29 48.80 Hispanic/White 44.75 42.42 39.25 40.66 47.93 46.11 42.21 43.76 Asian or Pacific Islander/White 33.60 30.23 33.70 38.30 38.82 32.14 33.64 40.65 Source: U.S. Census Bureau, 1990-2010, as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. 3 Affirmatively Furthering Fair Housing (AFFH) Data Documentation. U.S. Department of Housing and Urban Development, July 2016. p. 13. PDF File. Web. https://www.hudexchange.info/resources/documents/AFFH-Data-Documentation.pdf. Accessed January 2017. Morningside Research and Consulting, Inc. 42 City of Corpus Christi 2017 Assessment of Fair Housing b) Identify areas in the jurisdiction and region with relatively high segregation and integration by race/ethnicity, national origin, or LEP group, and indicate the predominant groups living in each area. The areas in Corpus Christi with relatively high segregation are the west-central area, the northeast bay, and on the portion of North Padre Island located within City Council District 4. The west-central area (around Corpus Christi International Airport) is predominately Hispanic and includes many residents from Mexico and many Spanish-speaking residents, as shown in HUD Maps 3 and 4. The northeast bay and the portion of North Padre Island located within City Council District 4 are predominately Non-Hispanic White and include some residents from Germany, as shown in HUD Map 3. The areas in Corpus Christi with relatively high integration are the northwest and southeast areas of the city. These areas have a diverse mix of Non-Hispanic White, Hispanic, and Black residents. HUD Map 3 shows that these areas include residents from the Philippines, living mostly in the southeast of the city, residents from India, living mostly south of the center of the city, and residents from Korea, also living south of the center of the city. Residents in these areas who have limited English proficiency speak Spanish or Asian language such as Korean, Tagalog, Chinese, and Vietnamese, and they live mostly in the southeast area. HUD Map 1 Race/Ethnicity Morningside Research and Consulting, Inc. 43 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 3 National Origin HUD Map 4 Limited English Proficiency c) Explain how these segregation levels and patterns in the jurisdiction and region have changed over time (since 1990). As shown in HUD Table 3 above, segregation between Black and Non-Hispanic White residents was high in 1990 in Corpus Christi, with a dissimilarity index near the threshold for high segregation in both the city and the larger region. Although the dissimilarity index between these groups has decreased considerably since 1990, it remains above the threshold for moderate segregation. Morningside Research and Consulting, Inc. 44 City of Corpus Christi 2017 Assessment of Fair Housing Segregation between Hispanic and Non-Hispanic White residents decreased from 1990 to 2010 in the city and region. In the city, the dissimilarity index met the threshold of moderate segregation in 1990 and 2000 but decreased to low segregation in 2010. It has since increased back to moderate segregation. Segregation between Asian or Pacific Islander and Non-Hispanic White residents decreased from 1990 to 2000 but increased after 2000 in both Corpus Christi and the larger Corpus Christi region. d) Consider and describe the location of owner and renter occupied housing in the jurisdiction and region in determining whether such housing is located in segregated or integrated areas, and describe trends over time. HUD Map 16 shows the percentage of homeowners in each area of Corpus Christi. The highest concentrations of homeowners are in the west-central, central, and southeast areas of the city. The west-central and central areas are relatively segregated and include mostly Hispanic residents, while the southeast part of the city is relatively integrated, including Non-Hispanic White, Hispanic, and Black residents. The areas with the highest concentration of renters (the lowest percentage of homeowners) are the north-central area and the northeast corner of the city, both of which are relatively segregated. The north-central area, which includes several neighborhoods designated as racially or ethnically concentrated areas of poverty (R/ECAPs) on HUD maps, has mostly Hispanic residents, while the northeast corner of the city has mostly Non-Hispanic White residents. HUD Map 16 Housing Tenure by Owners Morningside Research and Consulting, Inc. 45 City of Corpus Christi 2017 Assessment of Fair Housing e) Discuss whether there are any demographic trends, policies, or practices that could lead to higher segregation in the jurisdiction in the future. Participants should focus on patterns that affect the jurisdiction and region rather than creating an inventory of local laws, policies, or practices. In-migration into Corpus Christi has increased since 1990. This can be seen in HUD Table 2 by an increase in the foreign-born population from 13,617 residents in 1990 to 22,728 residents in 2010. This corresponds with an increase in the Hispanic population from 130,213 residents to 182,183 residents. Since 1990, Hispanic residents as a percentage of the Corpus Christi population has increased from 50.2 to 59.7 percent, partly because the Non-Hispanic White population decreased over the same period. HUD Table 2. Demographic Trends Corpus Christi, Texas Corpus Christi, Texas Region 1990 2000 2010 1990 2000 2010 Race/Ethnicity Number Percent Number Percent Number Percent Number Percent Number Percent Number Percent White, Non- Hispanic 114,355 44.05% 107,631 38.62% 101,655 33.31% 164,631 44.76% 165,492 41.03% 155,550 36.33% Black, Non- Hispanic 11,619 4.48% 13,031 4.68% 12,858 4.21% 13,047 3.55% 15,637 3.88% 14,581 3.41% Hispanic 130,213 50.16% 151,150 54.24% 182,183 59.69% 185,394 50.40% 212,674 52.73% 247,231 57.74% Asian or Pacific Islander, Non- Hispanic 1,970 0.76% 4,190 1.50% 6,499 2.13% 2,695 0.73% 5,557 1.38% 7,876 1.84% Native American, Non-Hispanic 733 0.28% 1,610 0.58% 1,523 0.50% 999 0.27% 2,480 0.61% 2,300 0.54% National Origin Foreign-born 13,617 5.25% 18,701 6.71% 22,728 7.45% 17,361 4.72% 23,996 5.95% 29,513 6.89% LEP Limited English Proficiency 35,789 13.79% 33,010 11.85% 31,646 10.37% 56,838 15.45% 48,651 12.06% 46,619 10.89% Sex Male 126,637 48.80% 136,346 48.93% 149,679 49.04% 180,255 49.01% 198,300 49.17% 210,686 49.20% Female 132,886 51.20% 142,311 51.07% 155,536 50.96% 187,512 50.99% 204,980 50.83% 217,499 50.80% Age Under 18 78,126 30.10% 80,688 28.96% 78,695 25.78% 112,064 30.47% 118,748 29.45% 111,053 25.94% 18-64 155,570 59.94% 166,990 59.93% 190,165 62.31% 217,339 59.10% 238,086 59.04% 262,256 61.25% 65+ 25,828 9.95% 30,978 11.12% 36,354 11.91% 38,364 10.43% 46,446 11.52% 54,876 12.82% Family Type Families with children 36,251 54.41% 22,307 49.92% 34,261 44.89% 50,925 53.71% 34,600 50.10% 47,666 43.83% Source: U.S. Census Bureau, 1990-2010, as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Maps 2.1, 2.2, and 2.3 below show the residential patterns of racial and ethnic groups over this time period. In 1990, most Hispanic residents lived in the center of the city (between State Highway 358 and 286), and most Non-Hispanic White residents lived in the northeast of the city Morningside Research and Consulting, Inc. 46 City of Corpus Christi 2017 Assessment of Fair Housing (east of State Highway 286 and north of Saratoga Boulevard). By 2000, more Hispanic residents were living in the northwest and eastern areas of the city, and more Non-Hispanic White residents were living on the portion of North Padre Island located in City Council District 4. By 2010, the population was relatively integrated, although Hispanic residents continued to live mostly in the center of the city, and Non-Hispanic White residents continued to live mostly along the coast. As shown in HUD Table 2 above, the total population of Hispanic residents in Corpus Christi increased over this period while the total population of Non-Hispanic White residents decreased, suggesting that the gradual integration of these groups was driven by net in-migration of Hispanic residents into the city rather than changes in where residents live. HUD Map 2.1 Race/Ethnicity Trends, 1990 HUD Map 2.2 Race/Ethnicity Trends, 2000 Morningside Research and Consulting, Inc. 47 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 2.3 Race/Ethnicity Trends, 2010 ADDITIONAL INFORMATION a) Beyond the HUD-provided data, provide additional relevant information, if any, about segregation in the jurisdiction and region affecting groups with other protected characteristics. b) The program participant may also describe other information relevant to its assessment of segregation, including activities such as place-based investments and geographic mobility options for protected class groups. Segregation in Corpus Christi has its roots in housing and education policies from the Jim Crow era. In 1970, the U.S. Supreme Court case Cisneros v. Corpus Christi Independent School District became the first case to extend the ruling of Brown v. Board of Education to Mexican Americans.4 Plaintiffs in the case asserted that the dual school system in Corpus Christi represent de jure segregation for Mexican American and African American students.5 Following this case, the Corpus Christi Independent School District implemented a court-mandated busing program to integrate its schools. Due to the controversial nature of the busing, the district later ended this program.6 4 “Ciscneros v. Corpus Christi ISD.” TSHAOnline.org. Texas State Historical Association, 2017. Web. https://tshaonline.org/handbook/online/articles/jrc02. Accessed September 19, 2017. 5 “Ciscneros v. Corpus Christi Independent School District.” Law.justia.com. Justia, n.d. Web. http://law.justia.com/cases/federal/district- courts/FSupp/330/1377/2126406/. Accessed September 19, 2017. 6 Trevino, John Albert. “Cisneros v. CCISD.” Eric.ed.gov. Education Resources Information Center, n.d. Web. https://eric.ed.gov/?id=ED519727. Accessed September 19, 2017. Morningside Research and Consulting, Inc. 48 City of Corpus Christi 2017 Assessment of Fair Housing The Hillcrest and Washington-Coles neighborhood, located in north-central Corpus Christi, also have a “deep history of segregation, isolation and decline” according to the Texas Low Income Housing Information Service. These neighborhoods were designated for Black residents during Jim Crow segregation and have since experienced environmental and economic neglect from both the city and nearby industry, according to stakeholders. Geographic mobility in Corpus Christi can be limited due to source of income discrimination. To help address this, the Corpus Christi Housing Authority (CCHA) is working to implement monthly classes on financial literacy and other topics in order to prepare residents receiving housing choice vouchers to enter the rental market. Once implemented, this program will provide residents with the opportunity to obtain a certification of their financial literacy that they can present to potential landlords. This may allow residents in segregated areas to find housing in other parts of the city. CONTRIBUTING FACTORS OF SEGREGATION Consider the listed factors and any other factors affecting the jurisdiction and region. Identify factors that significantly create, contribute to, perpetuate, or increase the severity of segregation.  Community opposition  Displacement of residents due to economic pressures  Lack of community revitalization strategies  Lack of private investments in specific neighborhoods  Lack of public investments in specific neighborhoods, including services or amenities  Lack of regional cooperation  Land use and zoning laws  Lending discrimination  Location and type of affordable housing  Loss of Affordable Housing  Occupancy codes and restrictions  Private discrimination  Source of income discrimination  Other The following are contributing factors to segregation in Corpus Christi listed in priority order. LOCATION AND TYPE OF AFFORDABLE HOUSING Affordable housing in Corpus Christi is not evenly distributed throughout the city, and one stakeholder notes that half of all public housing units are concentrated in Census tract 15. Stakeholders also note that the affordable housing that is being built is not available at a full range of prices, with most units around $160,000 and few in the $100,000 to $120,000 range. Morningside Research and Consulting, Inc. 49 City of Corpus Christi 2017 Assessment of Fair Housing Because affordable units are not available in the northwestern Calallen area and the south side, these areas are unable to offer a diverse range of housing options, which can contribute to segregation. LACK OF PUBLIC INVESTMENTS IN SPECIFIC NEIGHBORHOODS, INCLUDING SERVICES OR AMENITIES Stakeholders say that services and amenities, including proficient public schools, are often concentrated on the south side of Corpus Christi, while many jobs are concentrated near refineries in the north and northwest. Although the city has some public transportation, stakeholders say it would be difficult for residents who work these jobs to live on the south side and commute north. As a result, many residents are compelled to live close to their place of employment in the north and northwest, with few services and amenities. These areas are mostly home to Hispanic and African American residents. LACK OF COMMUNITY REVITALIZATION STRATEGIES Stakeholders note that most development in Corpus Christi is occurring on the south side and the west side, rather than in areas with dilapidated homes like the north side and southeast. Some stakeholders also believe that lax enforcement of housing codes leads to a deteriorating housing stock, although they do note that stricter regulations would likely place a disproportionate burden on low-income households. Despite these problems, the city has few strategies for revitalization in R/ECAPs and other areas in the north of the city. Stakeholders believe the previous Analysis of Impediments (AI) for Corpus Christi and CCHA both downplayed the existence of racial and ethnic housing segregation. DISPLACEMENT OF RESIDENTS DUE TO ECONOMIC PRESSURES Corpus Christi is located near many oil refineries, several of which are along the northern coast. Although the refineries are an important part of the city’s economy, they also create an industrial environment that can make nearby residential areas undesirable. Over time, this has made residents with the means to move elsewhere unwilling to live in these industrialized areas on the northern coast. Because these areas are near historically segregated neighborhoods such as the Hillcrest/Washington-Coles community, this displacement has further contributed to patterns of segregation. PRIVATE DISCRIMINATION While not statistically significant, the number of comments received from stakeholders during interviews, focus groups, and survey responses, suggest that private discrimination based on protected class occurs in the City of Corpus Christi. Nine individuals indicated that private discrimination based on protected class were priority fair housing issues in an exercise conducted during focus groups and the public meeting. In the resident survey, seven respondents believe Morningside Research and Consulting, Inc. 50 City of Corpus Christi 2017 Assessment of Fair Housing that they were turned down for a mortgage based on familial status, religion, race, or sex. Fifteen residents say their real estate agent did not show them all of the places they were interested in when looking for a house or condo to buy. Twelve survey respondents believe their rental applications were turned down for discriminatory reasons, on the basis of familial status, disability, race, or color. Others believe it was because of ethnicity. One respondent writes, “When I called and used my Spanish surname I was told there were no units, 5 minutes later, using my Anglo maiden name, I was offered the apartment.” Nine respondents explicitly stated that they have been discriminated against regarding access to housing, based on familial status, disability, race/ethnicity, or color. SOURCE OF INCOME DISCRIMINATION Texas bill S.B. 267 was signed by Governor Greg Abbott on June 19, 2015 and became effective September 1, 2015. The bill states: “[A] municipality or county may not adopt or enforce an ordinance or regulation that prohibits an owner, lessee, sublessee, assignee, managing agent, or other person having the right to lease, sublease, or rent a housing accommodation from refusing to lease or rent the housing accommodation to a person because the person ’s lawful source of income to pay rent includes funding from a federal housing assistance program.” The passage of this bill means that Texas property owners can turn down potential applicants for a lease if the applicants are using Section 8 vouchers. According to the 2013-2017 Corpus Christi Consolidated Plan, 75 percent of voucher holders in Corpus Christi are Hispanic, suggesting that this form of discrimination creates a disparate impact on individuals who are Hispanic. This law was shown to have an influence on segregation in Corpus Christi after the demolition of the D.N. Leathers public housing complex. Residents who were given vouchers after the demolition of D.N. Leathers were told that they could move to other apartment complexes, but they reported trouble in actually finding landlords who would accept these vouchers. According to stakeholders, the list they were provided was also not updated. Residents incur application fees at every complex where they submit an application before they know if the landlord will accept the vouchers. COMMUNITY OPPOSITION According to stakeholders, community opposition is a major factor in continuing trends of segregation in Corpus Christi. Stakeholders believe that because members of the community are not knowledgeable about affordable housing, they do not understand the benefits to the city of having a variety of housing options, and assume affordable units are low quality. According to stakeholders, this leads many residents in areas such as the south side and northwest to adopt a “Not in My Backyard” (NIMBY) attitude that deters developers from building affordable units in Morningside Research and Consulting, Inc. 51 City of Corpus Christi 2017 Assessment of Fair Housing new, more integrated locations. As a result, most affordable housing remains in the north-central area of the city, a relatively segregated area with mostly Hispanic residents. Community opposition can further perpetuate this segregation, as the inability to develop new affordable housing in all areas of the city limits the geographic mobility of residents in segregated areas. Morningside Research and Consulting, Inc. 52 City of Corpus Christi 2017 Assessment of Fair Housing V.B.II. RACIALLY OR ETHNICALLY CONCENTRATED AREAS OF POVERTY (R/ECAPS) ANALYSIS a) Identify any R/ECAPs or groupings of R/ECAP tracts within the jurisdiction and region. The U.S. Department of Housing and Urban Development (HUD) defines a racially or ethnically concentrated area of poverty (R/ECAP) as an area that has a majority Non-White population and a poverty rate that is either above 40 percent or three times the regional average.7 HUD Map 1, provided below, shows the location of the seven census tracts that are R/ECAPs in the City of Corpus Christi, which are the only R/ECAPs in the Corpus Christi region (Nueces and San Patricio counties). These are tracts 5, 9, 10, 11, 12, and 15 (located in the center of the city north of Horne Road and east of Airport Road) and tract 33.05 (located around Glen Arbor Park between Holly Road, Padre Island Drive, Staples Street, and Airline Road). Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Map 1 Race/Ethnicity 7 Affirmatively Furthering Fair Housing (AFFH) Data Documentation. U.S. Department of Housing and Urban Development, July 2016. p. 10. PDF File. Web. https://www.hudexchange.info/resources/documents/AFFH-Data-Documentation.pdf. Accessed February 2017. Morningside Research and Consulting, Inc. 53 City of Corpus Christi 2017 Assessment of Fair Housing b) Describe and identify the predominant protected classes residing in R/ECAPs in the jurisdiction and region. How do these demographics of the R/ECAPs compare with the demographics of the jurisdiction and region? HUD Table 1 shows the demographics of the City of Corpus Christi and the region, and HUD Table 4 shows the demographics of the seven R/ECAPs. These data indicate that the R/ECAPs have a much higher proportion of Hispanic residents (80.0 percent) than in the City of Corpus Christi (59.7 percent) and the region as a whole (57.7 percent). The R/ECAPs also have a higher percentage of Black residents (6.1 percent) than in the city (3.9 percent) and the region (3.1 percent). On the basis of national origin, HUD Table 4 also shows that many residents in the R/ECAPs are from Mexico, with smaller percentages from India, Italy, and Canada. The percentage of families with children in the R/ECAPs (50.3 percent) is higher than the percentage in the City of Corpus Christi (44.9 percent) and in the region as a whole (43.8 percent). HUD Table 1. Demographics Corpus Christi, Texas Corpus Christi, Texas Region Race/Ethnicity Number Percent Number Percent White, Non-Hispanic 101,655 33.31% 155,550 36.33% Black, Non-Hispanic 11,892 3.90% 13,338 3.12% Hispanic 182,183 59.69% 247,231 57.74% Asian or Pacific Islander, Non- Hispanic 5,562 1.82% 6,704 1.57% Native American, Non-Hispanic 799 0.26% 1,169 0.27% Two or More Races, Non- Hispanic 2,758 0.90% 3,720 0.87% Other, Non-Hispanic 366 0.12% 473 0.11% National Origin #1 country of origin Mexico 15,247 5.30% Mexico 19,473 4.83% #2 country of origin Philippines 1,499 0.52% Philippines 1,625 0.40% #3 country of origin India 731 0.25% India 849 0.21% #4 country of origin Germany 589 0.20% Germany 725 0.18% #5 country of origin Korea 537 0.19% Vietnam 582 0.14% #6 country of origin El Salvador 460 0.16% Korea 563 0.14% #7 country of origin Vietnam 441 0.15% Canada 494 0.12% #8 country of origin China excl. Hong Kong & Taiwan 315 0.11% El Salvador 480 0.12% #9 country of origin Honduras 311 0.11% Honduras 383 0.10% #10 country of origin England 264 0.09% China excl. Hong Kong & Taiwan 325 0.08% Limited English Proficiency (LEP) Language #1 LEP Language Spanish 28,859 10.03% Spanish 40,449 10.03% #2 LEP Language Korean 365 0.13% Tagalog 389 0.10% #3 LEP Language Tagalog 344 0.12% Vietnamese 387 0.10% #4 LEP Language Chinese 302 0.11% Korean 377 0.09% Morningside Research and Consulting, Inc. 54 City of Corpus Christi 2017 Assessment of Fair Housing Corpus Christi, Texas Corpus Christi, Texas Region #5 LEP Language Vietnamese 298 0.10% Chinese 313 0.08% #6 LEP Language German 179 0.06% German 195 0.05% #7 LEP Language Gujarati 90 0.03% Japanese 154 0.04% #8 LEP Language Other Asian Language 86 0.03% Arabic 120 0.03% #9 LEP Language Japanese 72 0.03% Laotian 120 0.03% #10 LEP Language Greek 68 0.02% Thai 106 0.03% Disability Type Hearing difficulty 13,899 4.92% 20,912 5.27% Vision difficulty 10,222 3.62% 15,370 3.87% Cognitive difficulty 19,171 6.78% 27,216 6.86% Ambulatory difficulty 25,883 9.16% 39,062 9.85% Self-care difficulty 11,913 4.21% 17,408 4.39% Independent living difficulty 17,164 6.07% 25,457 6.42% Sex Male 149,679 49.04% 210,686 49.20% Female 155,536 50.96% 217,499 50.80% Age Under 18 78,695 25.78% 111,053 25.94% 18-64 190,165 62.31% 262,256 61.25% 65+ 36,354 11.91% 54,876 12.82% Family Type Families with children 34,261 44.89% 47,666 43.83% Source: U.S Census Bureau, 2010, as retrieved from the HUD AFFH Data and Mapping Tool. HUD Table 4. R/ECAP Demographics Corpus Christi, Texas Corpus Christi, Texas Region R/ECAP Race/Ethnicity Number Percent Number Percent Total Population in R/ECAPs 24,973 - 24,973 - White, Non-Hispanic 3,135 12.55% 3,135 12.55% Black, Non-Hispanic 1,510 6.05% 1,510 6.05% Hispanic 19,982 80.01% 19,982 80.01% Asian or Pacific Islander, Non-Hispanic 127 0.51% 127 0.51% Native American, Non- Hispanic 78 0.31% 78 0.31% Other, Non-Hispanic 17 0.07% 17 0.07% R/ECAP Family Type Total Families in R/ECAPs 5,650 - 5,650 - Families with children 2,841 50.28% 2,841 50.28% Morningside Research and Consulting, Inc. 55 City of Corpus Christi 2017 Assessment of Fair Housing Corpus Christi, Texas Corpus Christi, Texas Region R/ECAP National Origin Total Population in R/ECAPs 24,973 - 24,973 - #1 country of origin Mexico 2,414 9.67% Mexico 2,414 9.67% #2 country of origin India 107 0.43% India 107 0.43% #3 country of origin Italy 45 0.18% Italy 45 0.18% #4 country of origin Canada 30 0.12% Canada 30 0.12% #5 country of origin Germany 23 0.09% Germany 23 0.09% #6 country of origin Japan 20 0.08% Japan 20 0.08% #7 country of origin Honduras 18 0.07% Honduras 18 0.07% #8 country of origin El Salvador 16 0.06% El Salvador 16 0.06% #9 country of origin Pakistan 13 0.05% Pakistan 13 0.05% #10 country of origin Philippines 11 0.04% Philippines 11 0.04% Sources: U.S Census Bureau 2010 Census and American Community Survey, as retrieved from the HUD AFFH Data and Mapping Tool. c) Describe how R/ECAPs have changed over time in the jurisdiction and region (since 1990). HUD Maps 2.1, 2.2, and 2.3 show the location of R/ECAPs in the City of Corpus Christi and the Corpus Christi region from 1990 to 2010. As seen in HUD Map 2.1, the region had six R/ECAPs in 1990 (tracts 5, 9, 10, 11, 12, and 15), all in central Corpus Christi. By 2000, only four of these areas (tracts 5, 10, 11, and 15) were R/ECAPs, as shown in HUD Map 2.2. In 2010, as shown in Map 2.3, not only did the region again have six R/ECAPs in central Corpus Christi (tracts 6, 10, 11, 12, 15, and 64), but it also had four more R/ECAPs: One on the eastern coast of Corpus Christi near the Texas A&M University–Corpus Christi campus (tract 27.06), one in east-central Corpus Christi around Glen Arbor Park (tract 33.05), one in south-central Corpus Christi stretching outside of city limits (tract 8), and one in the nearby city of Robstown (tract 56.02). HUD data indicate that all of these areas have high concentrations of Hispanic residents, and areas in north-central Corpus Christi have disproportionately high concentrations of Black residents. According to HUD data, the R/ECAPs that have persisted since 1990 are tracts 10, 11, and 15, all of which are located in north-central Corpus Christi. Tracts 10 and 15, located along State Highway 286 between Horne Road and Laredo Street, both have populations that are more than 89.0 percent Hispanic. Tract 11, located near Interstate 37 just south of the Hillcrest and Washington Coles neighborhoods, has a population that is 77.3 percent Hispanic and 9.0 percent Black. Morningside Research and Consulting, Inc. 56 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 2.1 Race/Ethnicity Trends in the Region, 1990 HUD Map 2.2 Race/Ethnicity Trends in the Region, 2000 Morningside Research and Consulting, Inc. 57 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 2.3 Race/Ethnicity Trends in the Region, 2010 ADDITIONAL INFORMATION a) Beyond the HUD-provided data, provide additional relevant information, if any, about R/ECAPs in the jurisdiction and region affecting groups with other protected characteristics. b) The program participant may also describe other information relevant to its assessment of R/ECAPs, including activities such as place-based investments and geographic mobility options for protected class groups. In 2015, residents of the Hillcrest and Washington-Coles neighborhoods filed a Title VI civil rights complaint with the Federal Highway Administration over the disparate racial impact of a proposed state highway project. Located in north-central Corpus Christi, these neighborhoods align with current R/ECAPs on HUD maps and have been the home of Black residents since the segregation of the Jim Crow era. The plaintiffs complained that the new highway proposal would create a barrier to the east that would isolate residents and increase the already-dangerous levels of pollution in the area.8 As a result, the Texas Department of Transportation, City of Corpus Christi, the Port Authority, and the Corpus Christi Housing Authority agreed to implement mitigation efforts, including voluntary relocation for more than 500 households, moving cost assistance, financial assistance for neighborhood churches and small businesses, improvements to the Dr. H.J. Williams Memorial Park in Hillcrest, and a new historic park in Washington-Coles. 8Livesley-O’Neill, Will. “Justice in Corpus Christi: Residents of segregated neighborhood win historic civil rights agreement.” Texashousers.net. Texas Low Income Housing Information Service, 2015. Web. https://texashousers.net/2015/12/28/justice-in-corpus-christi-residents-of-segregated-neighborhood-win-historic-civil- rights-agreement/. Accessed September 19, 2017. Morningside Research and Consulting, Inc. 58 City of Corpus Christi 2017 Assessment of Fair Housing CONTRIBUTING FACTORS OF R/ECAPS Consider the listed factors and any other factors affecting the jurisdiction and region. Identify factors that significantly create, contribute to, perpetuate, or increase the severity of R/ECAPs.  Community opposition  Deteriorated and abandoned properties  Displacement of residents due to economic pressures  Lack of community revitalization strategies  Lack of local or regional cooperation  Lack of private investments in specific neighborhoods  Lack of public investments in specific neighborhoods, including services or amenities  Land use and zoning laws  Location and type of affordable housing  Loss of Affordable Housing  Occupancy codes and restrictions  Private discrimination  Source of income discrimination  Other The following are contributing factors to R/ECAPs in Corpus Christi listed in priority order. LACK OF PUBLIC INVESTMENTS IN SPECIFIC NEIGHBORHOODS, INCLUDING SERVICES OR AMENITIES Stakeholders mention that the city does not provide sufficient attention to the Washington-Coles and Hillcrest neighborhoods, designed as R/ECAPs on HUD maps. For example, during the initial proposal for the Harbor Bridge, no residents from Washington-Coles and Hillcrest were consulted, despite the fact that the proposed bridge would have cut through their neighborhoods. Residents in these neighborhoods also have limited access to good schools, as shown in the Disparities in Access to Opportunity chapter, and stakeholders say the city does not make a deliberate effort to counteract this disparity. The mitigation agreement in place between the Texas Department of Transportation (TxDOT) and the Federal Highway Administration (FHWA) attempts to address the impact of the Harbor Bridge project through a voluntary relocation program. LACK OF PRIVATE INVESTMENTS IN SPECIFIC NEIGHBORHOODS Since many R/ECAPs are near industrial areas of the city, residents in R/ECAPs can be influenced by the operations of private companies. For example, when an asphalt leak from the company Ergon Asphalt & Emulsions triggered a ban on the Corpus Christi water supply, residents near Morningside Research and Consulting, Inc. 59 City of Corpus Christi 2017 Assessment of Fair Housing industrial areas were told to refrain from using tap water for a longer period than other residents.9 Stakeholders believe that these companies could be more responsible in taking accountability for their actions, both in terms of environmental and economic consequences. SOURCE OF INCOME DISCRIMINATION Residents who were given vouchers after the demolition of the D.N. Leathers public housing complex in the Hillcrest neighborhood reported difficulty finding landlords who would accept their vouchers, often because of source of income discrimination. Moreover, even at developments that did accept vouchers, residents faced other financial restrictions, such as requirements that the tenant earn 2.5 times the market rent.10 Because of this, many must remain in the Washington-Coles and Hillcrest neighborhoods, which are noted as R/ECAPs on HUD maps. PRIVATE DISCRIMINATION While not statistically significant, comments received from stakeholders during interviews, focus groups, and survey responses, suggest that private discrimination based on protected class occurs in the City of Corpus Christi. Nine individuals indicated that private discrimination based on protected class were priority fair housing issues in an exercise conducted during focus groups and the public meeting. In the resident survey, seven respondents believe that they were turned down for a mortgage based on familial status, religion, race, or sex. Fifteen residents say their real estate agent did not show them all of the places they were interested in when looking for a house or condo to buy. Twelve survey respondents believe their rental applications were turned down for discriminatory reasons, on the basis of familial status, disability, race, or color. Others believe it was because of ethnicity. One respondent writes, “When I called and used my Spanish surname I was told there were no units, 5 minutes later, using my Anglo maiden name, I was offered the apartment.” Nine respondents explicitly stated that they have been discriminated against regarding access to housing, based on familial status, disability, race/ethnicity, or color. DETERIORATED OR ABANDONED PROPERTIES According to stakeholders, neighborhoods in the north and the southeast areas of the city that represent R/ECAPs are often home to low-quality, dilapidated properties. These include the Hillcrest and Washington-Coles neighborhoods, which are the historical homes of African American residents and are falling into disrepair. This is only exacerbated by the nearby industries and oil refineries on the north shore, which can produce air pollution that make the areas undesirable. 9 “Corpus Christi Water Backflow Announcement and Map.” Tceq.texas.gov. Texas Commission on Environmental Quality, 2016. Web. https://www.tceq.texas.gov/assets/public/response/corpus-christi-water-backflow-announcement-and-map-121616.pdf. Accessed September 12, 2017. 10 Gaines, Erin and Peter McGraw. “Re: Comments regarding D.N. Leathers I Demolition/Disposition Application.” Email message to Darryl McGee and Gustavo Velasquez. May 6, 2016. Morningside Research and Consulting, Inc. 60 City of Corpus Christi 2017 Assessment of Fair Housing V.B.III. DISPARITIES IN ACCESS TO OPPORTUNITY INTRODUCTION The disparities in access to opportunity section of the Assessment of Fair Housing (AFH) expands the fair housing analysis beyond housing to examine conditions that affect economic opportunity more broadly. This section of the AFH examines access to opportunity in education, employment, transportation, low poverty environments, and environmentally healthy neighborhoods based on race and ethnicity, national origin, and family status. U.S. Department of Housing and Urban Development (HUD) maps and tables are available through the Affirmatively Furthering Fair Housing (AFFH) data and mapping tool and are based on data from the Decennial U.S. Census, American Community Survey (ACS), Great Schools, Common Core of Data, School Attendance Boundary Information System (SABINS), Location Affordability Index (LAI), Longitudinal Employer-Household Dynamics (LEHD), and National Air Toxics Assessment (NATA). Additional data sources include Census Transportation Planning Products data from the Federal Highway Administration, local governments, and transit authorities. INDICES DEFINITIONS HUD has developed a series of indices to help inform communities about segregation in their jurisdiction and region, as well as about disparities in access to opportunity. In general, higher values of each index can be interpreted as greater access to opportunity. A description of the methodology for each of the indices may be found below: LOW POVERTY INDEX. The low poverty index captures poverty in a given neighborhood. The index is based on the poverty rate. Values are inverted and ranked nationally to obtain percentiles. The resulting values range from 0 to 100, the higher the value, the less exposure to poverty in a neighborhood. Data Source: American Community Survey, 2009-2013 Related Template Tables/Maps: Table 12; Map 12 S CHOOL PROFICIENCY INDEX. The school proficiency index uses school-level data on the performance of 4th grade students on state exams to describe which neighborhoods have high- performing elementary schools nearby and which are near lower performing elementary schools. Values are ranked nationally to obtain percentiles and range from 0 to 100. The higher the value, the higher the school system quality is in a neighborhood. Data Source: Great Schools (proficiency data, 2013-14 or more recent); Common Core of Data (school addresses and enrollment, 2013-14); SABINS (attendance boundaries, 2016). Related Template Tables/Maps: Table 12; Map 7 Morningside Research and Consulting, Inc. 61 City of Corpus Christi 2017 Assessment of Fair Housing LABOR MARKET ENGAGEMENT INDEX. The labor market engagement index provides a summary description of the relative intensity of labor market engagement in a neighborhood. This is based upon the level of employment, labor force participation, and educational attainment in a census tract. Values are ranked as national percentiles and range from 0 to 100. The higher the value of this index, the higher the labor force participation in a neighborhood. Data Source: American Community Survey, 2008-2012 Related Template Tables/Maps: Table 12; Map 9 T RANSIT TRIPS INDEX. The transit trips index is based on estimates of transit trips taken by a family that meets the following description: a three-person single-parent family with income at 50 percent of the median income for renters for the region, where region is defined as the Core- Based Statistical Area (CBSA). The estimates come from the LAI. Values are ranked nationally to obtain percentiles, with values ranging from 0 to 100. The higher the transit trips index, the more likely residents in that neighborhood utilize public transit. The index controls for income, so a higher value will often reflect better access to public transit. Data Source: Location Affordability Index (LAI) data, 2008-2012 Related Template Tables/Maps: Table 12; Map 10 LOW TRANSPORTATION COST INDEX. The low transportation cost index is based on estimates of transportation costs for a three-person single-parent family with income at 50 percent of the median income for renters for the region (the CBSA). The estimates come from the LAI. Values are inverted and ranked nationally to obtain percentiles, with values ranging from 0 to 100. The higher the index score, the lower the cost of transportation in that neighborhood. Transportation costs may be low for a range of reasons, including greater access to public transportation and higher density of homes, services, and jobs in the neighborhood and surrounding community. Data Source: Location Affordability Index (LAI) data, 2008-2012 Related Template Tables/Maps: Table 12; Map 11 J OBS P ROXIMITY I NDEX. The jobs proximity index quantifies the accessibility of a given residential neighborhood as a function of its distance to all job locations within a CBSA, with larger employment centers weighted more heavily. Values are ranked nationally to obtain percentiles with values ranging from 0 to 100. The higher the value, the better the access to employment opportunities for residents in a neighborhood. Data Source: Longitudinal Employer-Household Dynamics (LEHD) data, 2014 Related Template Tables/Maps: Table 12; Map 8 Morningside Research and Consulting, Inc. 62 City of Corpus Christi 2017 Assessment of Fair Housing E NVIRONMENTAL HEALTH INDEX. The environmental health index summarizes potential exposure to harmful toxins at a neighborhood level. The index is a linear combination of standardized EPA estimates of air quality carcinogenic, respiratory, and neurological hazards. Values are inverted and ranked nationally to obtain percentiles, with values ranging from 0 to 100. The higher the index value, the less exposure to toxins harmful to human health and the better the environmental quality of a neighborhood, where a neighborhood is defined as a census block- group. Data Source: National Air Toxics Assessment (NATA) data, 2011 Related Template Tables/Maps: Table 12; Map 13 M ISSING DATA. Index scores for some census tracts are not computed. In some cases, missing data prohibits drawing firm conclusions about disparities in access. S UPPLEMENTARY DATA. In addition to the HUD access to opportunity indices and associated maps, supplementary data and maps are included from a number of sources. A major source of supplementary data is the 2011-2015 ACS. ANALYSIS HUD Table 12, provided below, displays the aforementioned opportunity indices across various racial or ethnic groups and for households below and above the federal poverty line, in the city of Corpus Christi and the region as whole. The Corpus Christi region consists of Nueces and San Patricio counties. Frequent reference to this table is made in the analysis that follows. Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Table 12. Opportunity Indicators, by Race/Ethnicity Corpus Christi, Texas Low Poverty Index School Proficiency Index Labor Market Index Transit Index Low Transportation Cost Index Jobs Proximity Index Environmental Health Index Total Population White, Non-Hispanic 51.51 61.05 57.34 50.32 33.55 47.02 85.70 Black, Non-Hispanic 35.68 43.36 37.99 56.81 41.22 50.32 75.65 Hispanic 36.26 41.82 39.97 54.95 38.78 49.36 80.09 Asian or Pacific Islander, Non- Hispanic 61.55 70.60 64.98 51.28 33.31 42.33 90.40 Native American, Non- Hispanic 42.44 53.19 48.76 53.49 36.93 47.69 83.67 Population below federal poverty line White, Non-Hispanic 36.37 54.52 46.52 51.50 36.42 50.55 82.39 Black, Non-Hispanic 21.33 33.23 29.23 58.63 43.57 53.73 73.25 Hispanic 24.98 34.04 32.64 57.72 41.50 52.59 77.86 Asian or Pacific Islander, Non- Hispanic 44.34 60.24 61.68 58.12 45.21 53.54 89.40 Morningside Research and Consulting, Inc. 63 City of Corpus Christi 2017 Assessment of Fair Housing Corpus Christi, Texas Low Poverty Index School Proficiency Index Labor Market Index Transit Index Low Transportation Cost Index Jobs Proximity Index Environmental Health Index Native American, Non- Hispanic 23.38 46.30 36.88 62.27 47.92 46.82 88.02 Corpus Christi, Texas Region Total Population White, Non-Hispanic 47.92 61.00 53.79 42.73 27.57 47.39 89.84 Black, Non-Hispanic 35.45 43.27 38.02 53.93 38.57 50.40 78.09 Hispanic 35.08 41.72 37.98 48.33 32.41 49.09 83.66 Asian or Pacific Islander, Non- Hispanic 57.55 70.78 62.01 47.48 30.61 42.24 92.05 Native American, Non- Hispanic 41.35 52.87 48.33 45.92 30.81 47.64 88.41 Population below federal poverty line White, Non-Hispanic 35.89 52.52 45.71 44.71 30.55 52.01 87.53 Black, Non-Hispanic 23.59 34.95 30.84 55.19 40.16 52.90 76.23 Hispanic 25.15 33.04 31.32 49.98 34.11 50.84 82.35 Asian or Pacific Islander, Non- Hispanic 42.06 58.34 59.64 55.58 42.07 53.26 89.72 Native American, Non- Hispanic 26.46 38.09 30.84 49.64 36.16 48.58 87.75 Data Sources: Decennial Census; ACS; Great Schools; Common Core of Data; SABINS; LAI; LEHD; NATA Refer to the Data Documentation for details (www.hudexchange.info). HUD Map 1 Race and Ethnicity and R/ECAPS Morningside Research and Consulting, Inc. 64 City of Corpus Christi 2017 Assessment of Fair Housing Map V-1 Corpus Christi City Council The City of Corpus Christi is divided into five city council districts as indicated in Map V-1 above. Each district is represented by one city council member. The boundaries of these districts are used as references for the identification of geographic disparities in access to opportunities throughout this section. EDUCATIONAL OPPORTUNITIES a. Describe any disparities in access to proficient schools based on race/ethnicity, national origin, and family status. HUD Table 12 shows that of all racial and ethnic groups, Asian and Pacific Islander residents have the greatest access to proficient schools among both the general population and the population below the federal poverty line. Black and Hispanic residents experience low access to proficient schools compared with other racial and ethnic groups among both the general population and the population below the federal poverty line. The map of school proficiency by race and ethnicity (HUD Map 7.1) demonstrates this disparity clearly. Morningside Research and Consulting, Inc. 65 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 7.1 School Proficiency by Race and Ethnicity Five-year estimates from the American Community Survey ACS (2011-15), available in Table V-1 below, indicate that residents who identify as being of “some other race alone” have the lowest educational attainment of any group, followed by Hispanic or Latino residents. Hispanic or Latino residents are much less likely to have graduated high school than Non-Hispanic White residents and Black and Hispanic or Latino residents are much less likely to hold a bachelor’s degree or higher than Non-Hispanic Whites. While a smaller percentage of Asian residents have completed at least high school than Non-Hispanic Whites, they are more likely than any other racial or ethnic group to hold a bachelor’s degree or higher. Table V-1. Educational Attainment by Race/Ethnicity Total Percent White alone 175,870 High school graduate or higher 143,697 81.7% Bachelor's degree or higher 37,465 21.3% White alone, not Hispanic or Latino 73,596 High school graduate or higher 69,117 93.9% Bachelor's degree or higher 24,707 33.6% Black alone 8,658 High school graduate or higher 7,193 83.1% Bachelor's degree or higher 1,139 13.2% American Indian or Alaska Native alone 1,109 High school graduate or higher 941 84.9% Bachelor's degree or higher 216 19.5% Asian alone 4,228 Morningside Research and Consulting, Inc. 66 City of Corpus Christi 2017 Assessment of Fair Housing Total Percent High school graduate or higher 3,702 87.6% Bachelor's degree or higher 2,032 48.1% Native Hawaiian and Other Pacific Islander alone 118 High school graduate or higher 116 98.3% Bachelor's degree or higher 39 33.1% Some other race alone 10,367 High school graduate or higher 7,500 72.3% Bachelor's degree or higher 1,013 9.8% Two or more races 2,848 High school graduate or higher 2,354 82.7% Bachelor's degree or higher 564 19.8% Hispanic or Latino Origin 114,972 High school graduate or higher 83,742 72.8% Bachelor's degree or higher 13,967 12.1% Data Sources: ACS five-year estimates 2011-2015 b. Describe the relationship between the residency patterns of racial/ethnic, national origin, and family status groups and their proximity to proficient schools. The map of school proficiency by national origin (HUD Map 7.2) shows that residents of Mexican origin are concentrated in census tracts with less access to proficient schools. Residents from the Philippines, India, Germany and Korea appear to live in census tracts with more access to proficient schools. HUD Map 7.2 School Proficiency by National Origin Morningside Research and Consulting, Inc. 67 City of Corpus Christi 2017 Assessment of Fair Housing It is not immediately clear from the map of school proficiency by family status (HUD Map 7.3) that families with children as a group experience a disparity in access to proficient schools. Several census tracts have large percentages of families with children where school proficiency indices are very low, especially in predominantly Hispanic areas; however, other census tracts with large percentages of families with children have better access to proficient schools. HUD Map 7.3 School Proficiency by Family Status c. Describe how school-related policies, such as school enrollment policies, affect a student’s ability to attend a proficient school. Which protected class groups are least successful in accessing proficient schools? The state of Texas has adopted the following school enrollment policy that affects districts throughout the region and impacts the ability of protected class groups to access proficient schools. Texas Education Code Section 29.202 indicates that: A student is eligible to receive a public education grant or to attend another public school in the district in which the student resides under this subchapter if the student is assigned to attend a public school campus: (1) at which 50 percent or more of the students did not perform satisfactorily on an assessment instrument administered under Section 39.023(a) or (c) in any two of the preceding three years; or (2) that, at any time in the preceding three years, failed to satisfy any standard under Section 39.054(e) Morningside Research and Consulting, Inc. 68 City of Corpus Christi 2017 Assessment of Fair Housing Section 29.203 indicates that: A school district chosen by a student's parent under Section 29.201 is entitled to accept or reject the application for the student to attend school in that district but may not use criteria that discriminate on the basis of a student's race, ethnicity, academic achievement, athletic abilities, language proficiency, sex, or socioeconomic status. A school district that has more acceptable applicants for attendance under this subchapter than available positions must give priority to students at risk of dropping out of school as defined by Section 29.081 and must fill the available positions by lottery. However, to achieve continuity in education, a school district may give preference over at-risk students to enrolled students and to the siblings of enrolled students residing in the same household or other children residing in the same household as enrolled students for the convenience of parents, guardians, or custodians of those children. This policy, which is mirrored in the policies of local school districts serving Corpus Christi, prohibits schools throughout Texas from denying a request from a student to transfer from a non-performing school to another school in the district on the basis of race, ethnicity, academic achievement, athletic abilities, language proficiency, sex, or socioeconomic status. Proficient schools may deny transfers if the school has insufficient space for additional students. This policy allows parents some choice in which school their child attends and protects students seeking transfers from discrimination, but it does not guarantee access to proficient schools. According to stakeholders consulted during the public participation activities, many people want to live on the south side of Corpus Christi for the good schools, but many jobs are concentrated where the refineries are, north and northwest. Although public transportation is available in the city, it would be difficult for someone who relied on public transportation to live on the south side and travel to the refineries for work due to the amount of time it would take. Based on the data discussed earlier in this chapter, residents of Mexican origin appear to be least successful of the protected classes in accessing proficient schools. EMPLOYMENT OPPORTUNITIES a) Describe any disparities in access to jobs and labor markets by protected class groups. As shown in HUD Map 9.1, Black and Hispanic residents live in areas with substantially lower labor market engagement compared with other groups. Regardless of poverty status, Asian and Pacific Islander residents have the best access to neighborhoods with high labor market engagement. Morningside Research and Consulting, Inc. 69 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 9.1 Labor Market by Race and Ethnicity b) How does a person’s place of residence affect their ability to obtain a job? HUD Table 12 and HUD Map 8.1 below indicate that Black and Hispanic residents live closest to job opportunities regardless of poverty status. Among the general population, Asian and Pacific Islander residents live the farthest from job opportunities. Among the population below the federal poverty line, Native American residents live farthest from job opportunities. The difference among all groups in job proximity is relatively small compared with other disparities in access to opportunities. Morningside Research and Consulting, Inc. 70 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 8.1 Job Proximity by Race and Ethnicity Five-year estimates from the ACS (2011-15), available in Table V-2 below, indicate that the unemployment rate is highest in City Council District 1 followed by City Council Districts 2 and 3. City Council District 5 has the lowest rate of unemployment. Black and Hispanic residents are concentrated near the city center in Districts 1, 2, and 3, while Non-Hispanic white residents and Asian or Pacific Islander Residents are concentrated in Districts 4 and 5, to the southeast of the city center. Table V-2 Unemployment by City Council District City Council District Population Unemployed Population Unemployment Rate 1 35,600 3,986 11.20% 2 36,050 3,586 9.95% 3 50,060 4,896 9.78% 4 45,877 3,543 7.72% 5 46,085 1,956 4.25% Data Sources: ACS five-year estimates 2011-2015 c) Which racial/ethnic, national origin or family status groups are least successful in accessing employment? Five-year estimates from the ACS (2011-15), available in Table V-3 below, indicate that unemployment in Corpus Christi is highest among Native Hawaiian and Pacific Islander residents and Black residents, although only 123 residents from Hawaii or other Pacific Islands reside in Morningside Research and Consulting, Inc. 71 City of Corpus Christi 2017 Assessment of Fair Housing Corpus Christi. Asian residents experience the lowest rate of unemployment, followed by Non- Hispanic White residents. Table V-3 Unemployment by Race/Ethnicity Total Labor Force Participation Rate Employment/ Population Ratio Unemployment Rate Population 16 years and over 245,452 65.0% 60.3% 6.4% White alone 211,837 64.8% 60.0% 6.4% Black or African American alone 10,748 63.2% 56.7% 8.8% American Indian and Alaska Native alone 1,242 57.4% 52.9% 7.1% Asian alone 5,016 68.5% 65.6% 3.5% Native Hawaiian and Other Pacific Islander alone 123 83.7% 62.6% 10.5% Some other race alone 12,673 70.2% 67.0% 4.4% Two or more races 3,813 64.8% 58.0% 7.7% Hispanic or Latino origin (of any race) 143,138 66.0% 61.1% 7.3% White alone, not Hispanic or Latino 84,469 63.3% 58.9% 4.8% Data Sources: ACS five-year estimates 2011-2015 HUD Map 8.2 shows a concentration of residents from the Philippines, India and Korea in District 5, farther from job opportunities. HUD Map 8.3 of job proximity and family status does not show any clear disparity in proximity to job opportunities for families with children. HUD Map 9.2 of labor market engagement and national origin shows that residents from Mexico are concentrated in District 2 and the east end of District 1, where labor market engagement is relatively low. HUD Map 9.3 suggests that census tracts with a higher percentage of families with children tend to have lower labor market engagement. Morningside Research and Consulting, Inc. 72 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 8.2 Job Proximity by National Origin Morningside Research and Consulting, Inc. 73 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 9.2 Labor Market by National Origin HUD Map 8.3 Job Proximity by Family Status Morningside Research and Consulting, Inc. 74 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 9.3 Labor Market by Family Status TRANSPORTATION OPPORTUNITIES a) Describe any disparities in access to transportation based on place of residence, cost, or other transportation related factors. HUD Map 11.1 indicates that transportation costs are highest in City Council Districts 4, in portions of District 5 (southeast of the city center), and in portions of District 1 (near the west end of the city). HUD Map 10.1 indicates that residents in these areas are also the least likely to use public transportation. HUD Map 10.1 Transit Trips by Race and Ethnicity Morningside Research and Consulting, Inc. 75 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 11.1 Transportation Cost by Race and Ethnicity b) Which racial/ethnic, national origin or family status groups are most affected by the lack of a reliable, affordable transportation connection between their place of residence and opportunities? Five-year estimates from the ACS (2011-15), available in Table V-4 below, indicate that most workers in Corpus Christi commute to work in a private vehicle (92.3 percent), with 11.5 percent of these commuters carpooling with others. Public transportation is used by very few workers. Most resident workers work within the city of Corpus Christi. The mean travel time to work is 19.5 minutes, with less than 20 percent of workers commuting more than 30 minutes to work. HUD Table 12 at the beginning of this chapter indicates that among the general population, Asian and Pacific Islander residents and Non-Hispanic White residents live in areas with the highest transportation costs. Black residents have the greatest access to neighborhoods with low transportation costs. Among the population living below the federal poverty line, Non-Hispanic White residents have the least access to neighborhoods with low transportation costs. Within this population, Native American and Asian or Pacific Islander residents have the greatest access to neighborhoods with low transportation costs. HUD Table 12 also indicates that among the general population, Asian or Pacific Islander residents and Non-Hispanic White residents are least likely to use public transportation. Black residents are most likely to use public transportation, followed by Hispanic and Native American residents. Among the population living below the federal poverty line, Native American residents are the most likely to use public transportation, and Non-Hispanic White residents are the least likely to Morningside Research and Consulting, Inc. 76 City of Corpus Christi 2017 Assessment of Fair Housing use public transportation. Asian and Pacific Islander residents in this income bracket are much more likely to use public transportation than in the general population. Table V-4 Commuting Patterns Corpus Christi city, Texas Estimate Workers 16 years and over 145,643 Workers 16 years and over who did not work at home 142,676 MEANS OF TRANSPORTATION TO WORK Car, truck, or van 92.3% In 2-person carpool 9.0% In 3-person carpool 1.5% In 4-or-more person carpool 1.0% Workers per car, truck, or van 1.1% Public transportation (excluding taxicab) 1.7% Walked 1.8% Bicycle 0.3% Taxicab, motorcycle, or other means 1.9% Worked at home 2.0% PLACE OF WORK Worked in place of residence 89.2% Worked outside place of residence 10.8% TRAVEL TIME TO WORK Less than 10 minutes 14.5% 10 to 14 minutes 20.5% 15 to 19 minutes 24.0% 20 to 24 minutes 18.4% 25 to 29 minutes 4.9% 30 to 34 minutes 9.0% 35 to 44 minutes 2.2% 45 to 59 minutes 3.0% 60 or more minutes 3.4% Mean travel time to work (minutes) 19.5 Data Sources: ACS five-year estimates 2011-2015 Calculations to determine which neighborhoods have low transportation costs may be driven by a number of factors, including availability of public transit, housing density, and proximity to employment and services. The correlation between the availability of public transportation and transportation costs in Corpus Christi suggest that access to public transit may play a substantial role in driving down the cost calculation. Considering that only 1.7 percent of workers in Corpus Christi commute using public transportation, relatively greater access to neighborhoods with low transportation costs may not represent a significant advantage. Additionally, ACS (2006-11) estimates (see Map V-2) indicate that the difference in average commute times between workers near the city center and those in the southeast of the city is less than five minutes. Morningside Research and Consulting, Inc. 77 City of Corpus Christi 2017 Assessment of Fair Housing Map V-2 WNYC Commute Time Heat-map Source: WNYC using 2006-11 ACS five-year estimates. c) Describe how the jurisdiction’s and region’s policies, such as public transportation routes or transportation systems designed for use personal vehicles, affect the ability of protected class groups to access transportation. Map V-3 of the Corpus Christi Regional Transportation Authority (CCRTA) system shows that the 25 available local bus routes primarily serve the central area of the city, including the east end of District 1 and District 2. Seven routes serve the east side of District 3, seven routes serve the northeast portion of District 4, and three routes serve District 5. In addition, CCRTA offers seven regional routes with service to some outlying areas of Districts 1, 3, and 4. Large parts of Districts 4 and 5 have no public transportation coverage. The availability of public transportation is consistent with the distribution of transportation cost and transit use described above. Morningside Research and Consulting, Inc. 78 City of Corpus Christi 2017 Assessment of Fair Housing Map V-3 CCRTA Service LOW POVERTY EXPOSURE OPPORTUNITIES a) Describe any disparities in exposure to poverty by protected class groups. HUD Table 12 at the beginning of the chapter and HUD Map 12.1 below show that among the general population, Black and Hispanic residents of Corpus Christi have the highest exposure to poverty. Regardless of poverty status, Asian and Pacific Islander residents have the greatest access to low poverty neighborhoods of any racial or ethnic group. Among the population living below the federal poverty line, Native American, Black, and Hispanic residents experience similarly high exposure to poverty. Morningside Research and Consulting, Inc. 79 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 12.1 Low Poverty Exposure by Race and Ethnicity According to five-year estimates from the 2011-15 ACS, available in Table V-5 below, Black residents are more likely than the general population to experience all levels of poverty. American Indian or Alaska Native residents and Hispanic residents are also more likely than the general population to experience poverty. Table V-5 Poverty by Race/Ethnicity Subject Total <50% Poverty Level <100% Poverty Level <125% Poverty Level Population for whom poverty status is determined 293,478 7.5% 17.5% 23.2% One race 287,423 7.3% 17.4% 23.0% White 240,504 7.0% 16.6% 22.3% Black or African American 12,430 10.3% 24.5% 32.0% American Indian and Alaska Native 1,058 15.5% 26.4% 31.5% Asian 4,962 9.5% 16.9% 18.4% Native Hawaiian and Other Pacific Islander 55 0.00% 0.00% 0.0% Some other race 28,414 9.0% 22.8% 28.6% Two or more races 6,055 15.8% 24.9% 35.0% Hispanic or Latino origin (of any race) 173,337 8.8% 21.0% 27.6% White alone, not Hispanic or Latino 100,210 4.6% 10.0% 14.0% Data Sources: ACS five-year estimates 2011-2015 Morningside Research and Consulting, Inc. 80 City of Corpus Christi 2017 Assessment of Fair Housing b) What role does a person’s place of residence play in their exposure to poverty? Data from the U.S. Census 2011-2015 five-year estimates, shown in Table V-6 below, show that residents of District 1 experience the highest poverty of other districts. The data show that residents of Districts 2 and 3 also experience much higher poverty rates than residents of Districts 4 and 5. Black and Hispanic residents are concentrated near the city center in Districts 1, 2, and 3, while Non-Hispanic white residents and Asian or Pacific Islander Residents are concentrated in Districts 4 and 5, to the southeast of the city center. Table V-6 Poverty by City Council District Council District Total families Families below poverty level Poverty Rate 1 11,196 2,596 23.19% 2 11,864 2,142 18.05% 3 16,388 3,510 21.42% 4 13,614 1,637 12.02% 5 15,675 765 4.88% Data Source: 2011-2015 ACS c) Which racial/ethnic, national origin or family status groups are most affected by these poverty indicators? HUD Map 12.2 of access to low-poverty neighborhoods and national origin indicates that residents from Mexico are concentrated in neighborhoods with greater exposure to poverty, while residents from the Philippines, India and Korea are concentrated in neighborhoods with lower exposure to poverty. Morningside Research and Consulting, Inc. 81 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 12.2 Low Poverty Exposure by National Origin HUD Map 12.3 below, showing poverty exposure and family status, does not clearly indicate that families with children as a group experience a disparity in access to low-poverty neighborhoods. HUD Map 12.3 Low Poverty Exposure by Family Status d) Describe how the jurisdiction’s and region’s policies affect the ability of protected class groups to access low poverty areas. The City of Corpus Christi has adopted language in the City Code of Ordinances that promotes the ability of protected class residents to access low poverty areas by prohibiting discriminatory housing practices and requiring the adoption of procedures that promote access to housing. The City Code of Corpus Christi declares that it is “the inalienable right of each individual to provide Morningside Research and Consulting, Inc. 82 City of Corpus Christi 2017 Assessment of Fair Housing for himself and his/her family a dwelling according to his/her choosing”, that it is “within the power and proper responsibility of government to prevent” the denial of this right and that it is “the policy of the city to bring about, through fair, orderly and lawful procedures, the opportunity for each person to obtain housing without regard to his/her race, color, sex, religion, disability, familial status, or national origin.” These policies enable the City of Corpus Christi to enforce fair housing violations at the local level. In 2015, the Texas state legislature passed Texas Senate Bill 267 barring cities from instituting laws banning landlords from discrimination based on source of income. According to a 2017 article in the Houston Chronicle, housing policy experts widely view such legislation as a barrier to integration and de-concentration of poverty. The law is currently being challenged in the U.S. District Court for the Northern District of Texas for possible violation of the Fair Housing Act by blocking predominantly Black public housing voucher holders from securing housing in predominately Non-Hispanic White neighborhoods. According to the 2013-2017 Corpus Christi Consolidated Plan, 75 percent of voucher holders in Corpus Christi are Hispanic, suggesting that this law prevents Hispanics from securing housing in predominately Non-Hispanic White neighborhoods in Corpus Christi. ENVIRONMENTALLY HEALTHY NEIGHBORHOOD OPPORTUNITIES a) Describe any disparities in access to environmentally healthy neighborhoods by protected class groups. HUD Map 13.1 of the environmental health index shows that environmental quality is lower in neighborhoods near the industrial zone called “refinery row”, south of Nueces Bay and outside the city limits north of City Council District 1 and in the vicinity of the airport. Additional data found in a 2016 public health assessment conducted by the Agency for Toxic Substances and Disease Registry (ATSDR) on the refinery row area confirms this (see Map V-4). The report found that 21,684 individuals reside within one mile of the refinery row industrial corridor, 68 percent of whom are Hispanic or Latino. The report concludes that benzene, hydrogen sulfide, particulate matter, and sulfur dioxide rarely reach levels associated with harmful acute health effects. On these occasions, breathing the maximum levels detected could result in adverse health effects, especially for children, older adults, and those with preexisting health conditions. The report also concludes that long-term exposure to the average levels of benzene, cadmium, chromium, 1,2- dibromoethane, and naphthalene together would result in increased risk of cancer. Affected neighborhoods include the historically Black neighborhoods of Hillcrest and Washington-Coles. Morningside Research and Consulting, Inc. 83 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 13.1 Environmental Health by Race and Ethnicity Map V-4 ASTDR Refinery Row Industrial Corridor Morningside Research and Consulting, Inc. 84 City of Corpus Christi 2017 Assessment of Fair Housing b) Which racial/ethnic, national origin or family status groups have the least access to environmentally healthy neighborhoods? Among the general population, Black residents have the least access to environmentally healthy neighborhoods, followed by Hispanic residents. Asian or Pacific Islander residents have the greatest access to environmentally healthy neighborhoods. The pattern of access to environmentally healthy neighborhoods among racial and ethnic groups is the same for the population living below the federal poverty line. PATTERNS IN DISPARITIES IN ACCESS TO OPPORTUNITY c) Identify and discuss any overarching patterns of access to opportunity and exposure to adverse community factors based on race/ethnicity, national origin or familial status. Identify areas that experience an aggregate of poor access to opportunity and high exposure to adverse factors. Include how these patterns compare to patterns of segregation and R/ECAPs. According to HUD Table 12, among the general population, Black and Hispanic residents of Corpus Christi have the least access to opportunity in four of the seven categories, experiencing high exposure to poverty, less access to proficient schools, lower labor market engagement, and less access to environmentally healthy neighborhoods. Non-Hispanic White residents and Asian or Pacific Islander residents are least likely to use public transportation and have the least access to neighborhoods with low transportation costs and nearby job opportunities. This pattern is consistent with the pattern of racial and ethnic segregation visible in HUD Map 1 at the beginning of the chapter. Black and Hispanic residents are concentrated near the city center in Districts 1, 2, and 3, while Non-Hispanic White residents and Asian or Pacific Islander residents are concentrated in Districts 4 and 5, to the southeast of the city center. Districts 1, 2, and 3 have lower school proficiency and labor market engagement and higher exposure to poverty. These districts are also closer to the industrial corridor along the Nueces Bay, providing closer proximity to job opportunities but also lower environmental health. CCRTA service has low penetration in Districts 4 and 5. Differences among racial and ethnic groups in exposure to poverty, proficient schools, and areas of high labor market engagement are much greater in magnitude than are the differences in transit use, job proximity, and transportation cost. The comparatively small differences in transit use, job proximity, and transportation cost are consistent with ACS data on the low utilization of public transportation overall and a difference in average commute times of less than five minutes between workers in the city center and those in Districts 4 and 5. Morningside Research and Consulting, Inc. 85 City of Corpus Christi 2017 Assessment of Fair Housing Table V-7 Disparities in Opportunity Indicators Low Poverty Index School Proficiency Index Labor Market Index Transit Index Low Transportation Cost Index Jobs Proximity Index Environmen tal Health Index Total Population Most disadvantaged group Black, Non- Hispanic Hispanic Black, Non- Hispanic White, Non- Hispanic Asian or Pacific Islander Asian or Pacific Islander Black, Non- Hispanic Disparity as compared with most advantaged group -25.87 -28.78 -26.99 -6.49 -7.91 -7.99 -14.75 Second most disadvantaged group Hispanic Black, Non- Hispanic Hispanic Asian or Pacific Islander White, Non- Hispanic White, Non- Hispanic Hispanic Disparity as compared with most advantaged group -25.29 -27.24 -25.01 -5.53 -7.67 -3.30 -10.31 Population below federal poverty line Most disadvantaged group Black, Non- Hispanic Black, Non- Hispanic Black, Non- Hispanic White, Non- Hispanic White, Non- Hispanic Native American Black, Non- Hispanic Disparity as compared with most advantaged group -23.01 -27.01 -32.45 -10.77 -11.50 -6.91 -16.15 Second most disadvantaged group Native American Hispanic Hispanic Hispanic Hispanic White, Non- Hispanic Hispanic Disparity as compared with most advantaged group -20.96 -26.20 -29.04 -4.55 -6.42 -3.18 -11.54 Data Source: Morningside Research and Consulting calculations computed from HUD Table 12. As shown on HUD Map 1, the City of Corpus Christi has seven census tracts designated as racially or ethnically concentrated areas of poverty (R/ECAPS). These are census tracts 5, 9, 10, 11, 12, 15, and 33.05. Six of these are located near the city center in Districts 1 and 2 (5, 9, 10, 11, 12 and 15); the seventh is at the southeast end of District 3 (tract 33.05). Five-year estimates from the ACS (2011-15) show that much higher percentages of families in Districts 1, 2 and 3 live below the federal poverty line (18 percent to 23 percent) compared with Districts 4 (12 percent) and 5 (5 percent). ACS estimates also indicate that Black, Hispanic, and American Indian residents are more likely than the general population to live below the federal poverty line. According to HUD Table 12, among residents living below the federal poverty line, Black residents have the least access to neighborhoods with low levels of poverty, proficient schools, areas with high labor market engagement, and environmentally healthy neighborhoods. Within this income group, Morningside Research and Consulting, Inc. 86 City of Corpus Christi 2017 Assessment of Fair Housing Hispanic residents experience substantial disparities in access to proficient schools, areas with high labor market engagement, and environmental health. ADDITIONAL INFORMATION a) Beyond the HUD-provided data, provide additional relevant information, if any, about disparities in access to opportunity in the jurisdiction and region affecting groups with other protected characteristics. The Hillcrest and Washington-Coles neighborhoods are located on the north side of Corpus Christi in City Council District 1. The neighborhoods are located in census tracts 5 and 64, respectively. Census tract 5 is a HUD-designated R/ECAP. According to the Texas Low Income Housing Information Service, these neighborhoods “have a deep history of segregation, isolation and decline.” Washington Coles was the first neighborhood designated for Black residents in the city under Jim Crow segregation, and neighboring Hillcrest was opened to Black residents in 1944. Historic segregation of these neighborhoods was further reinforced in the 1950s by the routing of Interstate Highway 37, which isolated these neighborhoods from the rest of the city. In 2007, the major oil company CITGO was criminally indicted for violating the Clean Air Act by storing oil in uncovered tanks and exposing Hillcrest residents to benzene and other chemicals. After this incident, Hillcrest residents became the first group designated as victims of an air pollution crime under the Crime Victims’ Rights Act. The proposed path for the new Harbor Bridge (see Map V-5) cuts through the Washington-Coles neighborhood. Hillcrest and Washington-Coles residents filed a Title VI civil rights complaint to the Federal Highway Administration, alleging that the “Texas transportation agency is perpetuating discrimination against the minority neighborhoods, has selected a route that has a disparate impact on people of color, and has denied residents adequate participation.”11 The complaint resulted in a multi-million dollar settlement focused on enhanced mitigation options for affected residents. 11 Texas Rio Grande Legal Aid, INC. Complaint under Title VI of the Civil Rights Act of 1964. Austin, Texas: March 5, 2015 Morningside Research and Consulting, Inc. 87 City of Corpus Christi 2017 Assessment of Fair Housing Map V-5 Proposed Harbor Bridge Alignment Path b) The program participant may also describe other information relevant to its assessment of disparities in access to opportunity, including any activities aimed at improving access to opportunities for areas that may lack such access, or in promoting access to opportunity (e.g., proficient schools, employment opportunities, and transportation). The City of Corpus Christi has a fund, called the Type A Fund, which receives one-eighth of a cent of sales tax designated for economic and job growth. This fund includes the Homebuyer Assistance Program, which provides eligible homebuyers up to $10,000 for down payment assistance. For the past two years a portion of the Type A Fund was given to the Corpus Christi Housing Authority (CCHA) to rehabilitate one of their public housing complexes and bring seven previously unusable units back into the market. The city enforces and encourages participation in the Section 3 program on all HUD funded projects. The Section 3 program requires that recipients of HUD financial assistance provide job training, employment, and contracting opportunities for residents in low- and very-low income neighborhoods. The city awards CDBG funds to organizations such as Coastal Bend Center for Independent Living (CBCIL) to assist people with disabilities with ramps and accessible bathrooms and the Corpus Christi Area Council for The Deaf and Hard of Hearing Center to increase their building space by 50 percent. The additional space will help the agency provide enhanced programs and services to their residents. The city also plans to provide CDBG funding for accessible routes in residential Morningside Research and Consulting, Inc. 88 City of Corpus Christi 2017 Assessment of Fair Housing areas that do not have sidewalks but have heavy pedestrian traffic. This project will build approximately 2,300 linear feet of five-foot-wide sidewalk and 15 Americans with Disabilities Act (ADA) compliant curb ramps. This will allow pedestrians with and without disabilities to travel this area safely without architectural barriers. CONTRIBUTING FACTORS Discussing any contributing factors of disparities in access to opportunity:  Access to financial services  The availability, type, frequency, and reliability of public transportation  Lack of private investments in specific neighborhoods  Lack of public investments in specific neighborhoods, including services or amenities  Lack of regional cooperation  Land use and zoning laws  Lending Discrimination  Location of employers  Location of environmental health hazards  Location of proficient schools and school assignment policies  Location and type of affordable housing  Occupancy codes and restrictions  Private discrimination  Other The following are contributing factors to disparities in access to opportunity in Corpus Christi listed in priority order. LOCATION AND TYPE OF AFFORDABLE HOUSING Stakeholders agree that Corpus Christi has a shortage of affordable housing for both renters and homebuyers, and the public housing authority in Corpus Christi has a waiting list of over 1,000 people. Stakeholders say that currently, most affordable housing in Corpus Christi is concentrated on the north side, an area with a higher concentration of African American residents than the rest of the city, and on the west side, an area with a higher concentration of low-income Latino/Hispanic residents who are likely to be first or second-generation Americans or speak primarily Spanish. Affordable housing is not thought to be available on the south side or on the portion of North Padre Island located within Council District 4. LOCATION OF EMPLOYERS Employers are mostly located on the north and northwest side of the city along Interstate 37. Neighborhoods in this area are predominately home to Black and Latino/Hispanic residents, Morningside Research and Consulting, Inc. 89 City of Corpus Christi 2017 Assessment of Fair Housing giving these groups the highest job proximity indices of any race or ethnicity (50.3 and 49.4, respectively). Asian and Pacific Islander residents, including residents from the Philippines, India, and Korea, predominately live in City Council District 5, an area with lower job proximity. According to HUD data, areas of Corpus Christi with high job proximity are generally associated with lower school proficiency. LOCATION OF ENVIRONMENTAL HEALTH HAZARDS Corpus Christi is an area with heavy industry including refineries and chemical plants. Stakeholders say that neighborhoods on the north and west side in close proximity to industry have issues with decreased property value and health concerns related to air and soil quality. A public health assessment conducted by the Agency for Toxic Substances and Disease Registry (ATDSR) found that 21,684 individuals (68 percent of whom are Hispanic) reside within one mile of the “refinery row”, south of Nueces Bay and north of City Council District 1. The report concludes that long term exposure to average levels of benzene, cadmium, chromium, 1,2- dibromoethane, and naphthalene together would result in increased risk of cancer. Affected neighborhoods include the historically African American neighborhoods of Hillcrest and Washington-Coles. LOCATION OF PROFICIENT SCHOOLS AND SCHOOL ASSIGNMENT POLICIES According to stakeholders, most Corpus Christi residents would like to live close to the good school districts on the south side of Corpus Christi, but many jobs are concentrated in the north and northwest parts. The most recent enrollment data indicate that Calallen High School, located in the northwest District 1, a more diverse area, has a 58 percent minority enrollment (majority Hispanic), and Flour Bluff High School, located in the southeast District 4, has a 46 percent minority enrollment (majority Hispanic). HUD data shows that residents of Mexican origin are concentrated in census tracts with lower school proficiency. Moreover, large percentages of Hispanic families with children live in these census tracts. LACK OF REGIONAL COOPERATION Community opposition to affordable housing exists in certain areas of Corpus Christi, such as Calallen in the northwest and on the south side. Stakeholders say that public officials have not made adequate efforts to educate communities on the benefits of affordable housing before launching a project. In addition, community engagement and communication relating to the Harbor Bridge project was considered inadequate by some stakeholders. Stakeholders believe the city continues to neglect the needs of effected north side residents who plan to stay in the neighborhood rather than relocating. The resettlement assistance from TxDOT is voluntary and stakeholders believe the city has not made sufficient efforts to collaborate with residents who will stay in the neighborhood to improve conditions in the neighborhood. Stakeholders also observe a gap in communication with public housing residents. For example, after the demolition Morningside Research and Consulting, Inc. 90 City of Corpus Christi 2017 Assessment of Fair Housing of D.N. Leathers, a public housing complex in the Hillcrest neighborhood in north Corpus Christi, stakeholders believe CCHA provided inadequate mobility counseling for residents who were displaced. Residents in the complex received tenant-based vouchers for relocation but experienced issues using the vouchers, such as receiving an outdated list of apartments accepting vouchers. Access to environmentally healthy neighborhoods is significantly impacted by industrial activity that takes place just outside the city limits. Collaboration between the city, the private sector, the state, and the county is necessary to ensure that residents near the industrial corridor have access to environmentally healthy neighborhoods. PRIVATE DISCRIMINATION While not statistically significant, comments received from stakeholders during interviews, focus groups, and survey responses, suggest that private discrimination based on protected class occurs in the City of Corpus Christi. Nine individuals indicated that private discrimination based on protected class were priority fair housing issues in an exercise conducted during focus groups and the public meeting. In the resident survey, seven respondents believe that they were turned down for a mortgage based on familial status, religion, race, or sex. Fifteen residents say their real estate agent did not show them all of the places they were interested in when looking for a house or condo to buy. Twelve survey respondents believe their rental applications were turned down for discriminatory reasons, on the basis of familial status, disability, race, or color. Others believe it was because of ethnicity. One respondent writes, “When I called and used my Spanish surname I was told there were no units, 5 minutes later, using my Anglo maiden name, I was offered the apartment.” Nine respondents explicitly stated that they have been discriminated against regarding access to housing, based on familial status, disability, race/ethnicity, or color. SOURCE OF INCOME DISCRIMINATION Texas Senate Bill 267, passed May 23, 2015 and signed into law on June 19, 2015, prevents municipalities from passing ordinances which prohibit source of income discrimination in rental housing. Stakeholders report that tenant-based vouchers are frequently turned down because landlords do not accept vouchers as a form of payment. According to the 2013-2017 Corpus Christi Consolidated Plan, 75 percent of voucher holders in Corpus Christi are Hispanic, suggesting that this form of discrimination creates a disparate impact on individuals who are Hispanic. In a specific example, when D.N. Leathers, a public housing project, was recently demolished in a predominately African American community, residents faced difficulty in finding apartments that would accept vouchers, especially on the south side. Because of this, many are still forced to live in areas with low access to proficient schools and other public services. Morningside Research and Consulting, Inc. 91 City of Corpus Christi 2017 Assessment of Fair Housing LOSS OF AFFORDABLE HOUSING The proposed Harbor Bridge project has led to displacement of residents from the 122-unit D.N. Leathers public housing project. Despite financial efforts made by state officials to help these residents relocate, a shortage of public housing and the reluctance of private landlords to accept tenant-based vouchers has led to loss of public housing for many residents. Moreover, disputed state laws protect landlords from refusing to rent to voucher households, which limits the supply of available units in the housing choice voucher program. AVAILABILITY, TYPE, FREQUENCY, AND RELIABILITY OF PUBLIC TRANSPORTATION The Corpus Christi Regional Transportation Authority operates 25 local bus routes which offer services to most districts in the central, east, and northeast portions of the city. Although most surveyed residents (71 percent of 184 respondents) believe that they have adequate access to transportation in Corpus Christi, stakeholders say that higher travel times exist for people who live on the south side and travel to the refineries (on the north side) for work. Large areas of City Council Districts 4 and 5 are not connected to public transit networks; these areas also correspond with higher transportation costs, and most residents commute alone in their private vehicles. Morningside Research and Consulting, Inc. 92 City of Corpus Christi 2017 Assessment of Fair Housing V.B.IV. DISPROPORTIONATE HOUSING NEEDS a. Which groups (by race/ethnicity and family status) experience higher rates of housing cost burden, overcrowding, or substandard housing when compared to other groups? Which groups also experience higher rates of severe housing burdens when compared to other groups? HUD Tables 9 and 10 show the rate of housing burden for households in Corpus Christi by race/ethnicity and family status. According to the U.S. Department of Housing and Urban Development (HUD), housing burden occurs when a living unit has any one of the following conditions: Incomplete kitchen facilities, incomplete plumbing, overcrowding (more than one person housed per bedroom), or a housing cost burden in which monthly housing costs, including utilities, exceed 30 percent of monthly household income.12 Severe housing burden is defined the same as above, but with a housing cost burden in which monthly housing costs, including utilities, exceed 50 percent of monthly household income.13 Black residents are most likely to experience housing burden in Corpus Christi, followed by households in the “Other, Non-Hispanic” category. Asian/Pacific Islander and Hispanic residents experience housing burden at slightly lower rates. Native American residents are the only racial or ethnic group that experiences a lower rate of housing burden in Corpus Christi than in the region as a whole. These racial and ethnic differences are the same for households with severe housing burden. In terms of household type and size, households that have five or more family members are much more likely to experience housing burden than smaller families. Both family and non-family households, regardless of size or familial status, experience more housing burden in the City of Corpus Christi than in the larger region (Nueces and San Patricio counties). HUD Table 10 shows the demographics of households experiencing severe housing cost burden. These data follow the same general trends as HUD Table 9, with Black residents experiencing the highest rate of severe cost burden. Comparing HUD Tables 9 and 10 shows that of the 20,405 households who experience severe housing burden, 15,905 households experience severe cost burden, while the other 4,500 experience some combination of the other problems: Incomplete kitchen facilities, incomplete plumbing, or more than one person per bedroom. For family households with five or more people, the rate of severe cost burden is notably low as compared with the rate of housing burden in general; large family households are less likely to be severely cost burdened than non-family households and only slightly more likely to be severely cost 12 Affirmatively Furthering Fair Housing (AFFH) Data Documentation. U.S. Department of Housing and Urban Development, July 2016. p. 11. PDF File. Web. https://www.hudexchange.info/resources/documents/AFFH-Data-Documentation.pdf. Accessed September 2017. 13 Affirmatively Furthering Fair Housing (AFFH) Data Documentation. U.S. Department of Housing and Urban Development, July 2016. p. 11. PDF File. Web. https://www.hudexchange.info/resources/documents/AFFH-Data-Documentation.pdf. Accessed September 2017. Morningside Research and Consulting, Inc. 93 City of Corpus Christi 2017 Assessment of Fair Housing burdened than small family households. This suggests that many large family households experience housing burden not because of severe cost but because they have more than one person per bedroom. Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Table 9 Demographics of Households with Disproportionate Housing Needs Disproportionate Housing Needs Corpus Christi, Texas Corpus Christi, Texas Region Households Experiencing any of Four Housing Problems Number with Problems Number of Households Percent with Problems1 Number with Problems Number of Households Percent with Problems Race/Ethnicity White, Non-Hispanic 13,590 44,940 30.24% 20,335 68,239 29.80% Black, Non-Hispanic 2,295 4,915 46.69% 2,527 5,450 46.37% Hispanic 22,200 58,760 37.78% 28,760 78,115 36.82% Asian or Pacific Islander, Non-Hispanic 744 1,944 38.27% 853 2,262 37.71% Native American, Non-Hispanic 29 249 11.65% 44 342 12.87% Other, Non-Hispanic 434 947 45.83% 588 1,470 40.00% Total 39,280 111,750 35.15% 53,105 155,900 34.06% Household Type and Size Family households, <5 people 17,970 62,160 28.91% 25,040 89,499 27.98% Family households, 5+ people 6,165 13,085 47.12% 8,420 18,245 46.15% Non-family households 15,145 36,490 41.50% 19,655 48,145 40.82% Households Experiencing any of Four Severe Housing Problems Number with Severe Problems Number of Households Percent with Severe Problems Number with Severe Problems Number of Households Percent with Severe Problems Race/Ethnicity White, Non-Hispanic 6,555 44,940 14.59% 9,954 68,239 14.59% Black, Non-Hispanic 1,140 4,915 23.19% 1,288 5,450 23.63% Hispanic 12,080 58,760 20.56% 16,140 78,115 20.66% Asian or Pacific Islander, Non-Hispanic 419 1,944 21.55% 484 2,262 21.40% Native American, Non-Hispanic 0 249 0.00% 15 342 4.39% Other, Non-Hispanic 209 947 22.07% 308 1,470 20.95% Total 20,405 111,750 18.26% 28,170 155,900 18.07% Source: Comprehensive Housing Affordability Strategy (CHAS), 2008-2012, as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. 1 All percentages represent a share of the total population with the jurisdiction or region, except household type and size, which is compared with total households. Morningside Research and Consulting, Inc. 94 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 10 Demographics of Households with Severe Housing Cost Burden Households with Severe Housing Cost Burden Corpus Christi, Texas Corpus Christi, Texas Region Race/Ethnicity Number with Severe Cost Burden Number of Households1 Percent with Severe Cost Burden2 Number with Severe Cost Burden Number of Households Percent with Severe Cost Burden White, Non-Hispanic 5,425 44,940 12.07% 7,965 68,239 11.67% Black, Non-Hispanic 995 4,915 20.24% 1,074 5,450 19.71% Hispanic 8,980 58,760 15.28% 11,210 78,115 14.35% Asian or Pacific Islander, Non-Hispanic 330 1,944 16.98% 365 2,262 16.14% Native American, Non-Hispanic 0 249 0.00% 15 342 4.39% Other, Non-Hispanic 175 947 18.48% 199 1,470 13.54% Total 15,905 111,750 14.23% 20,828 155,900 13.36% Household Type and Size Family households, <5 people 7,199 62,160 11.58% 9,644 89,499 10.78% Family households, 5+ people 1,675 13,085 12.80% 2,025 18,245 11.10% Non-family households 7,029 36,490 19.26% 9,142 48,145 18.99% Source: Comprehensive Housing Affordability Strategy (CHAS), 2008-2012, as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. 1 The number of households is the denominator for the percent with problems, and may differ from the number of households for the table on severe housing problems. 2 All percentages represent a share of the total population with the jurisdiction or region, except household type and size, which is compared with total households. b. Which areas in the jurisdiction and region experience the greatest housing burdens? Which of these areas align with segregated areas, integrated areas, or R/ECAPs and what are the predominant race/ethnicity or national origin groups in such areas? As shown in HUD Map 6.1, the areas with the highest concentration of housing burden in Corpus Christi are the north-central, west-central, and northeast areas of the city. The north-central area includes several neighborhoods designated as racially or ethnically concentrated areas of poverty (R/ECAPs) due to their high concentrations of Hispanic and Black residents and the fact that at least 40 percent of residents are below the federal poverty line. According to HUD Map 6.2, this includes many residents from Mexico. The west-central area, around Corpus Christi International Airport, has a high concentration of Hispanic residents. HUD Map 6.2 shows that this area has some residents from Mexico, but not as many as the north-central area. The northeast area has a relatively diverse mix of Hispanic and Non-Hispanic White residents. HUD Map 6.2 shows that this area includes some residents from Mexico as well as some residents from Germany and the Philippines. Outside of the City of Corpus Christi, the highest rates of housing burden in the region are in the western suburb of Robstown and the northeastern suburb of Portland. HUD Maps 6.1 and 6.2 Morningside Research and Consulting, Inc. 95 City of Corpus Christi 2017 Assessment of Fair Housing show that Robstown has a high concentration of Hispanic residents and some residents from Mexico, while Portland has a relatively diverse population, including Hispanic, Non-Hispanic White, and Multi-racial (Non-Hispanic) residents, and some residents from Mexico and the Philippines. HUD Map 6.1 Housing Burden and Race/Ethnicity HUD Map 6.2 Housing Burden and National Origin Morningside Research and Consulting, Inc. 96 City of Corpus Christi 2017 Assessment of Fair Housing c. Compare the needs of families with children for housing units with two, and three or more bedrooms with the available existing housing stock in each category of publicly supported housing. HUD Table 11 shows the number of bedrooms and number of children for different categories of publicly supported housing in Corpus Christi. According to the table, the most common type of unit in project-based Section 8 and other multifamily housing is a unit with one or fewer bedrooms. The most common type of unit in public housing and the housing choice voucher program has two bedrooms. Although households with children represent 60.5 percent of the households in public housing, units with three or more bedrooms make up just over one-fourth of the public housing inventory. By comparison, in the housing choice voucher program, households with children represent approximately half of all households, and units with three or more bedrooms make up about one-third of the inventory. Assuming that households with children require larger housing units, this suggests that the city does not have enough public housing units to meet the needs of large families. HUD Table 11 Publicly Supported Housing by Program Category: Units by Number of Bedrooms and Number of Children Households in 0-1 Bedroom Units Households in 2 Bedroom Units Households in 3+ Bedroom Units Households with Children Housing Type Number Percent Number Percent Number Percent Number Percent Public Housing 476 31.09% 644 42.06% 400 26.13% 926 60.48% Project-Based Section 8 772 43.69% 596 33.73% 341 19.30% 799 45.22% Other Multifamily 19 44.19% 14 32.56% 0 0.00% 0 0.00% HCV Program 310 25.43% 440 36.10% 435 35.68% 615 50.45% Sources: Inventory Management System (IMS)/ PIH Information Center (PIC), 2013; Tenant Rental Assistance Certification System (TRACS), 2013; as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. d. Describe the differences in rates of renter and owner occupied housing by race/ethnicity in the jurisdiction and region. HUD Table 16 shows homeownership and rental rates by race and ethnicity in the City of Corpus Christi and the region. The table shows that Hispanic residents make up the largest cohort of homeowners in the jurisdiction. Although the table does not show homeownership rates for each group, rates can be calculated by comparing the number of owners and renters in each racial and ethnic group. These calculations indicate that the groups with the highest homeownership rates are Native American residents and Non-Hispanic White residents, and the groups with the lowest homeownership rates are Other Non-Hispanic residents and Black residents. The Corpus Christi Morningside Research and Consulting, Inc. 97 City of Corpus Christi 2017 Assessment of Fair Housing region has similar racial and ethnic trends, although homeownership rates in the jurisdiction are lower across all racial and ethnic groups. HUD Table 16 Homeownership and Rental Rates by Race/Ethnicity Corpus Christi, Texas Corpus Christi, Texas Region Homeowners Renters Homeowners Renters Race/Ethnicity Number Percent Number Percent Number Percent Number Percent White, Non-Hispanic 28,130 43.94% 16,790 35.18% 45,515 47.90% 22,725 37.33% Black, Non-Hispanic 2,020 3.16% 2,895 6.07% 2,290 2.41% 3,180 5.22% Hispanic 32,295 50.44% 26,470 55.46% 44,930 47.28% 33,175 54.50% Asian or Pacific Islander, Non- Hispanic 1,110 1.73% 835 1.75% 1,355 1.43% 920 1.51% Native American, Non-Hispanic 180 0.28% 65 0.14% 264 0.28% 75 0.12% Other, Non-Hispanic 285 0.45% 670 1.40% 670 0.71% 800 1.31% Total Household Units 64,025 - 47,725 - 95,025 - 60,875 - Source: U.S. Census Bureau American Community Survey, 2015. ADDITIONAL INFORMATION a. Beyond the HUD-provided data, provide additional relevant information, if any, about disproportionate housing needs in the jurisdiction and region affecting groups with other protected characteristics. b. The program participant may also describe other information relevant to its assessment of disproportionate housing needs. For PHAs, such information may include a PHA’s overriding housing needs analysis. A housing survey conducted for this AFH asked residents of Corpus Christi to report their experience with cost burden. Just over half of residents (55 percent) indicated they experience cost burden, and 31 percent indicate they are severely cost burdened. When asked about the features of their property, three respondents who are renters indicated they did not have indoor running water, which as an “incomplete plumbing facility” would qualify as a housing burden. These survey results, while not statistically significant, show higher rates of the four housing problems and severe cost burden than the rates shown in HUD Tables 9 and 10 (35 percent of all Corpus Christi residents experience one of the four housing problems and about 14 percent experience severe cost burden). According to a representative from the Texas Low Income Housing Information Service (TxLIHIS), households earning minimum wage would have to work 104 hours/week to afford the Fair Market Rent (estimated at $19.06/hour) on a two-bedroom unit in Corpus Christi. Morningside Research and Consulting, Inc. 98 City of Corpus Christi 2017 Assessment of Fair Housing Victims of domestic violence often experience housing-related difficulty, with one survey of domestic violence survivors reporting that, in shelters across eight states, 84 percent of survivors needed help with finding affordable housing.14 One article in the Corpus Christi Caller Times claimed that domestic violence in Corpus Christi was “arguably worse than any other major Texas city” and noted that eight Corpus Christi residents died from domestic violence in 2015.15 The Corpus Christi Police Department Crime Victim’s Assistance Program provides housing support for victims of domestic violence. Through the program, victims of domestic violence may apply for up to $3,800 in assistance to be used for rent, deposits, and relocation expenses. The program also conducts community outreach to apartment management and to the Corpus Christi Apartment Association. Hurricane Harvey made landfall north of Corpus Christi in late August 2017 at the close of the AFH data collection process. The Corpus Christi Development Services Department conducted a commercial and residential damage assessment. The assessment focused on damage to structures and does not include damage to fences or downed trees. Four levels of impact were identified. One home was destroyed, 79 units received major damage, 728 units received minor damage, and an additional 1,652 units are classified as affected. No geographic patterns have been identified to date which demonstrate disparate impact from the hurricane on protected class groups. The City of Corpus Christi Housing and Community Development Department, along with city staff from the Emergency Operations Center, have been attending ongoing meetings with regional, state, and federal officials since the arrival and departure of Hurricane Harvey. The meetings, to date, include:  Recovery Coordination Webinar (8/28/17)  Recovery Coordination Webinar (8/30/17)  Recovery Coordination Meeting (9/13/17)  Housing Recovery Call (9/14/17)  Housing Recovery call (9/16/17)  Functional Needs Support Team (9/18/17)  Coastal Bend Disaster Recovery Group (9/19/17) 14 Lyon, Eleanor and Shannon Lane. Meeting Survivors’ Needs: A Multi-State Study of Domestic Violence Shelter Experiences. National Institute of Justice, 2008. PDF File. Web. https://vawnet.org/sites/default/files/materials/files/2016-08/MeetingSurvivorsNeeds-FullReport.pdf. Accessed September 22, 2017. 15 Torralva, Krista. “Corpus Christi struggles to overcome domestic violence.” Archive.caller.com. Corpus Christi Caller Times, December 5, 2015. Web. http://archive.caller.com/news/behind- broken-doors/corpus-christi-struggles-to-overcome-domestic-violence-22b45aa4-dd63-30a0-e053-0100007f4e22-360597061.html. Accessed September 27, 2017. Morningside Research and Consulting, Inc. 99 City of Corpus Christi 2017 Assessment of Fair Housing  Recovery Coordination Webinar (9/27/17, 9/29/17)  Hurricane Housing Recovery (9/28/17)  Housing /Hurricane Harvey (10/2/17)  Recovery Coordination Webinar (10/2/17)  Recovery Coordination Webinar (10/6/17)  Functional Needs Support Team (10/9/17)  Coastal Bend Disaster Recovery Group (10/10/17)  Functional Needs Support Team (10/16/17)  Congressional Staff Harvey Recovery Meeting (10/16/17)  Functional Needs Support Team (10/23/17)  Recovery Statewide Conference call (10/27/17)  House Appropriations Committee Meeting (11/8/17)  Disaster Housing Recovery call (11/16/17)  Coastal Bend Disaster Recovery Group (11/28/17)  Rebuild Texas Regional Meeting (11/30/17)  Urban Affairs Committee (12/4/17) Primary topics include changes in demand for affordable housing and the needs of individuals experiencing homelessness prior to the hurricane as well as after. Conversations and preliminary data continue to show that the Corpus Christi community received major wind damage as well as some infrastructure damage caused by Hurricane Harvey. Discussion on these topics is scheduled to continue onto the Spring and housing issues are being addressed by the various regional, state, and federal agencies involved in meetings and conference calls. Many of the conversations have focused on the needs of communities outside of Corpus Christi, which sustained significant damage. The city is in continued conversations with the U.S. Department of Housing and Urban Development (HUD) regarding potential Community Development Block Grant – Disaster Recovery (CDBG-DR) funding. At this time, HUD is continuing to analyze the various assessments completed in Corpus Christi and the surrounding communities to determine if Corpus Christi will Morningside Research and Consulting, Inc. 100 City of Corpus Christi 2017 Assessment of Fair Housing receive an award of CDBG-DR funding. If Corpus Christi receives CDBG-DR funding, the city will engage key stakeholders, including the public housing authority, and the community about the planned use of the funds. Impacts on the housing market, particularly the demand for affordable housing, will be evaluated during the Consolidated Plan effort which will begin in the Spring. The Corpus Christi five-year Consolidated Plan is due to HUD in August 2018. CONTRIBUTING FACTORS OF DISPROPORTIONATE HOUSING NEEDS Consider the listed factors and any other factors affecting the jurisdiction and region. Identify factors that significantly create, contribute to, perpetuate, or increase the severity of disproportionate housing needs.  Availability of affordable units in a range of sizes  Displacement of residents due to economic pressures  Displacement of and/or lack of housing support for victims of domestic violence, dating violence, sexual assault, and stalking  Lack of access to opportunity due to high housing costs  Lack of private investments in specific neighborhoods  Lack of public investments in specific neighborhoods, including services or amenities  Land use and zoning laws  Lending discrimination  Loss of Affordable Housing  Source of income discrimination  Other The following are contributing factors to disproportionate housing needs in Corpus Christi listed in priority order. DISPLACEMENT OF AND/OR LACK OF HOUSING SUPPORT FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING As indicated earlier in this report, research for this AFH indicates that survivors of domestic violence need help finding affordable housing. An article in the Corpus Christi Caller Times claimed that domestic violence in Corpus Christi was “arguably worse than any other major Texas city” and noted that eight Corpus Christi residents died from domestic violence in 2015. Although the Corpus Christi Police Department Crime Victim’s Assistance Program provides up to $3,800 in assistance for victims of domestic violence for rent, deposits, and relocation expenses, data and services are lacking in Corpus Christi for victims of domestic violence. Morningside Research and Consulting, Inc. 101 City of Corpus Christi 2017 Assessment of Fair Housing LACK OF PUBLIC INVESTMENTS IN SPECIFIC NEIGHBORHOODS Corpus Christi has only recently re-established its planning department, and historically segregated neighborhoods believe they have not received sufficient attention to overcome their disparities. According to stakeholders, these areas have low access to proficient schools and other public services. LACK OF PRIVATE INVESTMENTS IN SPECIFIC NEIGHBORHOODS Challenges exist in developing affordable housing units in neighborhoods on the south side and northwest, primarily due to a “Not in My Backyard” (NIMBY) attitude in these areas. Perceptions of what constitutes affordable housing also varies among stakeholders, partly because large variations in incomes such as those of refinery workers contribute to an upward bias in understanding what housing is affordable. Because of these factors, most affordable housing remains concentrated in the western and northern areas of the city. DISPLACEMENT OF RESIDENTS DUE TO ECONOMIC PRESSURES According to stakeholders, the proposed Harbor Bridge project is evidence of displacement of residents due to economic pressures. Texas Department of Transportation’s (TxDOT) plans to upgrade the Harbor Bridge due to high costs of maintenance and low safety standards on the existing bridge have been a matter of much debate, with stakeholders noting that the proposed Harbor Bridge project would contribute to displacement of historically segregated African American communities residing in the Hillcrest and Washington-Coles neighborhoods. The residents have filed and won a Title VI civil rights complaint with the Federal Highway Administration (FHWA), leading to a mitigation agreement that includes a government- subsidized voluntary relocation program. However, the impact of relocation programs and details of how these residents will be compensated remains to be seen. Any expansion of industries around “refinery row” will also cause displacement of historically segregated communities of Hillcrest/Washington-Coles neighborhoods, but the shortage of affordable housing options in the south and southeast areas, represented on city documents as City Council Districts 4 and 5, further limits the possibility of finding housing elsewhere. SOURCE OF INCOME DISCRIMINATION Most surveyed residents (55 percent of 190 respondents) believe that they are experiencing a cost burden exceeding 30 percent of their monthly household income. Most stakeholders believe they cannot live in a neighborhood of their choice. Individuals using vouchers are often turned down by private landlords who do not accept them. According to the 2013-2017 Corpus Christi Consolidated Plan, 75 percent of voucher holders in Corpus Christi are Hispanic, suggesting that this form of discrimination creates a disparate impact on individuals who are Hispanic. Stakeholders noted that when the D.N. Leathers public housing complex was demolished in a Morningside Research and Consulting, Inc. 102 City of Corpus Christi 2017 Assessment of Fair Housing predominately African American community, residents faced difficulty in finding apartments that would accept vouchers, especially on the south side. This forced them to live in areas with low access to proficient schools and other public services. LOSS OF AFFORDABLE HOUSING Residents who were displaced when the D.N. Leathers public housing complex was demolished received tenant-based vouchers and mobility counseling that allowed them to relocate to other housing units. However, the inventory of affordable housing did not increase, and finding a landlord who will accept vouchers remains challenging for former D.N. Leathers residents as well as other voucher holders. Morningside Research and Consulting, Inc. 103 City of Corpus Christi 2017 Assessment of Fair Housing V.C. PUBLICLY SUPPORTED HOUSING ANALYSIS PUBLICLY SUPPORTED HOUSING DEMOGRAPHICS a) Are certain racial/ethnic groups more likely to be residing in one category of publicly supported housing than other categories (public housing, project-based Section 8, Other HUD Multifamily Assisted developments, and Housing Choice Voucher (HCV))? The distribution of racial and ethnic groups in publicly supported housing in Corpus Christi can be seen in U.S. Department of Housing and Urban Development (HUD) Table 6. Units in the public housing category of this table are owned and managed by the Corpus Christi Housing Authority (CCHA), which was established in 1938 to operate public housing in the City of Corpus Christi. Other categories in the table include Section 8 funding through project-based rental assistance and through the housing choice voucher (HCV) program. The project-based Section 8 program works with property owners, allowing for designated units of affordable housing in certain areas, while the HCV program works with tenants, allowing residents to apply their rental assistance to a property of their choosing. Hispanic residents make up the majority of households in all categories of publicly supported housing in Corpus Christi. In public housing units, Hispanic residents make up an overwhelming majority of all households. Hispanic residents also represent a majority of the population in project-based Section 8 housing and housing choice voucher program. Non-Hispanic White households make up a disproportionately high concentration of the population in “Other Multifamily” housing, as compared with other categories. According to HUD, the “Other Multifamily” category includes “properties funded through the Supportive Housing for the Elderly (Section 202), Supportive Housing for Persons with Disabilities (Section 811), Rental Housing Assistance (Section 236), Rent Supplement (Rent Supp), Rental Assistance Payment, and Below Market Interest Rates (BMIR) programs.”16 HUD Table 6 shows that no Black or Asian/Pacific Islander households live in these units. However, as shown in HUD Table 5, comparisons among racial and ethnic groups are limited because “Other Multifamily” units represent only a small percentage of the total housing stock in Corpus Christi. HUD Table 6 shows that in the larger Corpus Christi region (Nueces and San Patricio counties), the composition of the population in publicly supported housing is nearly identical. This is because no publicly supported housing units are located outside the City of Corpus Christi, although housing choice voucher holders do live outside the city. 16 Affirmatively Furthering Fair Housing (AFFH) Data Documentation. U.S. Department of Housing and Urban Development, July 2016. p. 7. PDF File. Web. https://www.hudexchange.info/resources/documents/AFFH-Data-Documentation.pdf. Accessed September 2017. Morningside Research and Consulting, Inc. 104 City of Corpus Christi 2017 Assessment of Fair Housing Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Table 5. Publicly Supported Housing Units by Program Category Corpus Christi, Texas Housing Units Number Percent Total housing units 118,475 - Public Housing 1,836 1.55% Project-based Section 8 1,939 1.64% Other Multifamily 56 0.05% HCV Program 1,385 1.17% Sources: U.S. Census, 2010; A Picture of Subsidized Households (APSH); as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Table 6. Publicly Supported Households by Race/Ethnicity Housing Type Race/Ethnicity Corpus Christi, Texas Non-Hispanic White Black Hispanic Asian or Pacific Islander Number Percent Number Percent Number Percent Number Percent Public Housing 106 6.98% 159 10.47% 1,251 82.41% 1 0.07% Project-Based Section 8 320 18.81% 182 10.70% 1,178 69.25% 17 1.00% Other Multifamily 12 37.50% 0 0.00% 20 62.50% 0 0.00% HCV Program 141 11.97% 190 16.13% 844 71.65% 3 0.25% Total Households 44,940 40.21% 4,915 4.40% 58,760 52.58% 1,944 1.74% 0-30% of AMI 3,745 27.34% 945 6.90% 8,560 62.48% 210 1.53% 0-50% of AMI 6,230 23.79% 1,695 6.47% 16,410 62.66% 340 1.30% 0-80% of AMI 12,455 27.42% 2,840 6.25% 27,905 61.43% 545 1.20% Corpus Christi, Texas Region Non-Hispanic White Black Hispanic Asian or Pacific Islander Number Percent Number Percent Number Percent Number Percent Public Housing 106 6.98% 159 10.47% 1,251 82.41% 1 0.07% Project-Based Section 8 320 18.81% 182 10.70% 1,178 69.25% 17 1.00% Other Multifamily 12 37.50% 0 0.00% 20 62.50% 0 0.00% HCV Program 270 15.25% 213 12.03% 1,282 72.39% 6 0.34% Total Households 68,239 43.77% 5,450 3.50% 78,115 50.11% 2,262 1.45% 0-30% of AMI 5,539 28.75% 1,025 5.32% 12,180 63.22% 245 1.27% 0-50% of AMI 9,794 26.29% 1,879 5.04% 22,735 61.03% 389 1.04% 0-80% of AMI 19,779 30.97% 3,127 4.90% 37,560 58.80% 629 0.98% Sources: U.S. Census, 2010; A Picture of Subsidized Households (APSH); Comprehensive Housing Affordability Strategy (CHAS), 2008-2012; as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. Morningside Research and Consulting, Inc. 105 City of Corpus Christi 2017 Assessment of Fair Housing b) Compare the demographics, in terms of protected class, of residents of each category of publicly supported housing (public housing, project-based Section 8, Other HUD Multifamily Assisted developments, and HCV) to the population in general, and persons who meet the income eligibility requirements for the relevant category of publicly supported housing. Include in the comparison, a description of whether there is a higher or lower proportion of groups based on protected class. HUD Table 6 above shows the comparative demographics of public housing residents and the Corpus Christi population in general. Hispanic residents live in publicly supported housing at a disproportionately high rate; Hispanic households represent roughly half of the total Corpus Christi population but are an overwhelming majority in all categories of publicly supported housing. Black households also live in publicly supported housing at a high rate, especially through the HCV program. Totaling the numbers in each category of HUD Table 6 reveals that in all publicly supported housing units, the population is 74.4 percent Hispanic, 13.1 percent Non-Hispanic White, 12.0 percent Black, and 0.5 percent Asian or Pacific Islander. Comparing these values to the percentage of households earning less than 30 percent of the area median income (AMI) gives an indication of how the population in publicly supported housing units reflects the population in need of housing assistance. This comparison suggests that Non-Hispanic White and Asian households are slightly underrepresented in publicly supported housing, and Hispanic and Black households are slightly overrepresented. Comparing the numbers of residents earning less than 30 percent of the area median income (AMI) in the City of Corpus Christi and the larger region shows that approximately 1,794 Non- Hispanic White households, 80 Black households, 3,620 Hispanic households, and 35 Asian or Pacific Islander households live outside of Corpus Christi on less than 30 percent AMI. Because only 593 households outside the city limits receive public housing support (through the HCV program), at least 4,936 households in this income category are in need of public housing support. According to HUD Table 14 in the Disability and Access Analysis chapter, residents with disabilities make up 9.2 percent of the Corpus Christi population aged 18 to 64 and 5.5 percent of the population aged 65 or over. Comparing these numbers with the data shown in HUD Table 15 below suggests that residents with disabilities live in publicly supported housing at a disproportionately high rate. Morningside Research and Consulting, Inc. 106 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 15. Disability by Publicly Supported Housing Program Category Corpus Christi, Texas People with a Disability Number Percent Public Housing 312 20.38% Project-Based Section 8 403 22.81% Other Multifamily 28 65.12% HCV Program 298 24.45% Corpus Christi, Texas Region Public Housing 312 20.38% Project-Based Section 8 403 22.81% Other Multifamily 28 65.12% HCV Program 447 24.47% Source: U.S. Census Bureau American Community Survey (ACS), as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD data indicate that approximately 51.6 percent of all households in publicly supported housing are families with children. Comparing this with the rate of families with children in the total Corpus Christi population (44.9 percent) shown in HUD Table 1 in the Demographic Summary chapter suggests that families with children are slightly more likely to live in publicly supported housing than nonfamily households. PUBLICLY SUPPORTED HOUSING LOCATION AND OCCUPANCY a) Describe patterns in the geographic location of publicly supported housing by program category (public housing, project-based Section 8, Other HUD Multifamily Assisted developments, HCV, and LIHTC) in relation to previously discussed segregated areas and R/ECAPs. HUD Map 5 below shows the geographic location of publicly supported housing by program category. According to the map, most of the publicly supported housing in Corpus Christi is in the north-central area, north of Horne Road and east of Airport Road, and the eastern area, around Glen Arbor Park. This corresponds with the location of all seven racially or ethnically concentrated areas of poverty (R/ECAP) tracts in Corpus Christi. According to HUD Map 5, seven public housing developments, two “Other Multifamily” developments, four project-based Section 8 developments, and three Low-Income Housing Tax Credit (LIHTC) developments are located within R/ECAP tracts, while many more developments in all categories of public housing are located nearby. Morningside Research and Consulting, Inc. 107 City of Corpus Christi 2017 Assessment of Fair Housing One of the highest concentrations of voucher units is in the west-central area, shown in the Segregation/ Integration chapter to be predominately Hispanic. Another area with a high concentration of voucher units is in the southeast, around Schanen Estates Park. HUD data indicate that this area has a majority Hispanic population but is relatively diverse. HUD Map 5. Publicly Supported Housing and Race/Ethnicity b) Describe patterns in the geographic location for publicly supported housing that primarily serves families with children, elderly persons, or persons with disabilities in relation to previously discussed segregated areas or R/ECAPs. Patterns in the geographic location of publicly supported housing for families with children, elderly person, and persons with disabilities can be observed by comparing the demographic composition of publicly supported housing developments with the information displayed on HUD maps. HUD data indicate that the developments with the highest percentages of families with children are Treyway/Leward, La Armada III, Lantana Square, and Mckinzie/Andy Alaniz. Treyway/Leward is in the southeast area of the city, La Amarda III is north of the center of the city, Lantana Square is northwest of the center of the city, and McKinzie/Andy Alaniz is in the northwest corner of the city. Although two of these developments, Treyway/Leward and La Armada III, are located in R/ECAPs, the others are relatively dispersed across Corpus Christi. This makes it difficult to draw definitive conclusions about whether publicly supported housing for families with children is located in segregated areas. As shown in HUD Table 15 above, the developments with the highest percentage of residents with a disability are those in the “Other Multifamily” category. This is likely because Section 811 housing, described by HUD as “Supportive Housing for Persons with Disabilities”, is included in this category. HUD data indicate that two of the largest developments of this kind are Jefferine Morningside Research and Consulting, Inc. 108 City of Corpus Christi 2017 Assessment of Fair Housing Lytle Estates, located in the north-central area of the city, and Henry Harbour Apartments, located in the southeast area of the city. Both of these developments are near R/ECAPs. c) How does the demographic composition of occupants of publicly supported housing in R/ECAPS compare to the demographic composition of occupants of publicly supported housing outside of R/ECAPs? HUD Table 7 below shows the demographic composition of occupants of publicly supported housing both inside and outside R/ECAPs. Of all publicly supported housing, 1,840 units (41.8 percent) are in R/ECAPS and 2,558 units (58.2 percent) are not in R/ECAPS. The data show that most units in the public housing category (units owned and managed by CCHA) are in R/ECAP tracts, while most units in project-based Section 8 vouchers, the “Other HUD Multifamily” category, and the HCV program are outside R/ECAP tracts. For public housing developments, units in R/ECAP tracts have a high percentage of Hispanic residents and families with children and a relatively low percentage of elderly residents and residents with a disability. For project-based Section 8 housing vouchers, units in R/ECAP tracts have a higher percentage of Hispanic and Black residents than in non-R/ECAP tracts. For housing in the “Other HUD Multifamily” category, no units are in R/ECAP tracts. For the HCV program, units in R/ECAP tracts have a higher percentage of families with children and a lower percentage of elderly residents and residents with a disability than in non-R/ECAP tracts. HUD Table 7. R/ECAP and Non-R/ECAP Demographics by Publicly Supported Housing Program Category Corpus Christi, Texas Total Number of units (occupied) Percent Non- Hispanic White Percent Black Percent Hispanic Percent Asian or Pacific Islander Percent Families with children Percent Elderly Percent with a disability Public Housing R/ECAP tracts 1,239 6.38% 9.98% 83.55% 0.00% 64.21% 12.79% 17.09% Non R/ECAP tracts 298 9.46% 12.50% 77.70% 0.34% 44.93% 33.11% 34.12% Project-based Section 8 R/ECAP tracts 379 4.25% 18.98% 76.49% 0.28% 50.14% 30.47% 21.88% Non R/ECAP tracts 1,331 22.63% 8.53% 67.36% 1.19% 43.95% 34.99% 23.04% Other HUD Multifamily R/ECAP tracts 0 n/a n/a n/a n/a n/a n/a n/a Non R/ECAP tracts 33 37.50% 0.00% 62.50% 0.00% 0.00% 47.37% 73.68% Morningside Research and Consulting, Inc. 109 City of Corpus Christi 2017 Assessment of Fair Housing Corpus Christi, Texas Total Number of units (occupied) Percent Non- Hispanic White Percent Black Percent Hispanic Percent Asian or Pacific Islander Percent Families with children Percent Elderly Percent with a disability HCV Program R/ECAP tracts 222 13.68% 14.53% 71.79% 0.00% 57.74% 10.88% 19.67% Non R/ECAP tracts 896 11.55% 16.53% 71.61% 0.32% 48.67% 25.82% 25.61% Source: A Picture of Subsidized Households (APSH), as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. d) (1) Do any developments of public housing, properties converted under the RAD, and LIHTC developments have a significantly different demographic composition, in terms of protected class, than other developments of the same category? Describe how these developments differ. (2) Provide additional relevant information, if any, about occupancy, by protected class, in other types of publicly supported housing. Overall, properties converted under the Rental Assistance Demonstration (RAD) program and Low-Income Housing Tax Credit (LIHTC) developments have similar demographic composition. The February 2017 “List of Unit Reservations” document on the HUD RAD website indicates that four developments in Corpus Christi are receiving assistance under the RAD program.17 These developments are Wiggins Homes, La Armada I, La Armada III, and Clairelaine Gardens. As shown in HUD Table 8, these developments all have high concentrations of Hispanic residents, corresponding to the overall trend in publicly supported housing in Corpus Christi. La Armada III does have a notably high percentage of households with children, while Clairelaine Gardens has a notably low percentage of households with children. As shown in HUD Map 5 above, LIHTC developments in Corpus Christi are dispersed throughout the city. The demographic composition of occupants in these units is available from the State of Texas Department of Housing and Community Affairs. The most recent report is the 2015 Housing Sponsor Report, which shows that the majority of the residents in 19 of 21 properties for which data is available are Hispanic. The properties have a total of 2,648 units and all have some portion of the units adapted for special needs. These properties report serving 568 individuals with special needs. For LIHTC applications accepted in December 2017, the City of Corpus Christi is only offering resolutions of support for developments in City Council District 3, based on an analysis demonstrating the need for affordable housing in that geographic area. 17 “RAD CHAP Awardees and Reservations.” Portal.hud.gov. U.S. Department of Housing and Urban Development, 2017. Web. https://portal.hud.gov/hudportal/documents/huddoc?id=radreservations_021617.pdf. Accessed August 2017. Morningside Research and Consulting, Inc. 110 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 8 below shows the demographic composition of other publicly supported housing developments in Corpus Christi, including public housing units managed by CCHA, project-based Section 8 units, and other multifamily housing. In the public housing and project-based Section 8 categories, developments with high concentrations of Non-Hispanic White residents are Castle Manor, Laguna, and Coastal Haven; developments with high concentrations of Hispanic residents are Samuel Place Apartments, Ltd., La Armada I, and Hacienda Senior Apartments; developments with high concentrations of Black residents are Elliot Grant Homes and Palms at Leopard. In the other multifamily category, HUD only provides demographic data for two developments: Jefferine Lytle Estates, which has an overwhelming majority of Hispanic residents, and Henry Harbour, which has a slight majority of Non-Hispanic White residents. In the public housing and project-based Section 8 categories, developments with high concentrations of households with children are Treyway/Leeward, Lantana Square, and Mckinzie/Andy Alaniz, and developments with low concentrations of households with children are Sea Gulf Villa, Elliot Grant Homes, and Parkway/Ruthmary Price. In the other multifamily category, the only development for which data are available on these households is the Henry Harbour development, which has a low concentration of households with children. HUD Table 8. Demographics of Publicly Supported Housing Developments, by Program Category Public Housing Corpus Christi, Texas Development Name Number of Units Non- Hispanic White Black Hispanic Asian or Pacific Islander Households with Children Treyway/Leeward 208 7% 13% 79% n/a 86% Clairelaine Gardens 186 4% 12% 84% n/a 22% Mckinzie/Andy Alaniz 80 7% 12% 82% n/a 81% La Armada Iii 100 9% 9% 83% n/a 80% D.N. Leathers I 122 11% 20% 69% n/a 59% Parkway/Ruthmary Price 122 10% 7% 83% 1% 11% Navarro Place 210 8% 11% 80% n/a 61% La Armada I 250 4% 8% 88% n/a 65% La Armada Ii 400 9% 8% 83% n/a 74% Wiggins Homes 158 6% 11% 83% n/a 63% Project-Based Section 8 Corpus Christi, Texas Development Name Number of Units Non- Hispanic White Black Hispanic Asian or Pacific Islander Households with Children Castle Manor 61 63% 2% 27% 6% 52% 911 Glenoak 68 42% 12% 44% 2% 72% Palms At Leopard 120 2% 36% 61% 1% 60% Morningside Research and Consulting, Inc. 111 City of Corpus Christi 2017 Assessment of Fair Housing Gulfway Manor 151 6% 13% 81% n/a 70% Lulac West Park Apartments 124 13% 3% 85% n/a 63% Hacienda Senior Apartments 60 3% 10% 87% n/a n/a Coastal Haven 100 53% 3% 44% n/a n/a Hampton Port 110 12% 6% 81% n/a 62% Samuel Place Apartments 60 7% 4% 89% n/a 65% Arrowsmith 70 10% 6% 82% n/a 46% Lexington Manor 52 n/a n/a n/a n/a n/a Sea Gulf Villa 111 44% 6% 46% 1% 1% Lulac Village Park 152 7% 7% 86% n/a 74% Oso Bay Apartments 100 30% 6% 60% 4% 59% Country Estates 42 n/a n/a n/a n/a n/a Lantana Square 44 5% 10% 85% n/a 85% Casa De Manana 99 2% 21% 77% n/a 66% Elliot Grant Homes 40 2% 68% 30% n/a 3% Briarwood Apartments 140 24% 10% 63% 4% 32% Woodland Creek Apartments 94 12% 6% 82% n/a 77% Palacio Residencial 94 9% 1% 86% 3% n/a Laguna 47 60% 13% 24% n/a 13% Other HUD Multifamily Assisted Housing City of Corpus Christi, Texas Development Name Number of Units Non- Hispanic White Black Hispanic Asian or Pacific Islander Households with Children 1602 South Staples Housing 5 n/a n/a n/a n/a n/a Jefferine Lytle Estates 24 9% 9% 82% n/a n/a Henry Harbour 24 54% n/a 46% n/a 4% Riley Gardens 3 n/a n/a n/a n/a n/a Source: A Picture of Subsidized Households (APSH), as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. e) Compare the demographics of occupants of developments, for each category of publicly supported housing (public housing, project-based Section 8, Other HUD Multifamily Assisted developments, properties converted under RAD, and LIHTC) to the demographic composition of the areas in which they are located. Describe whether developments that are primarily occupied by one race/ethnicity are located in areas occupied largely by the same race/ethnicity. Describe any differences for housing that primarily serves families with children, elderly persons, or persons with disabilities. The demographics of most publicly supported housing units in Corpus Christi are similar to the areas in which they are located. As shown in HUD Map 5 above, most public housing developments in Corpus Christi are located in the center of the city. This area has a high concentration of Hispanic residents, particularly in the west-central neighborhoods, and a high Morningside Research and Consulting, Inc. 112 City of Corpus Christi 2017 Assessment of Fair Housing concentration of Black residents, particularly in the Hillcrest and Washington-Coles neighborhoods. As shown in HUD Table 6 above, Hispanic and Black residents make up the majority of public housing residents. Public housing developments currently being converted under RAD are all located in north- central Corpus Christi. This is an area with a high concentration of Hispanic residents, matching the composition of these predominately Hispanic developments. HUD Map 5 indicates that project-based Section 8 housing is more dispersed across the city, with developments in the central and southeast areas and along the eastern coast. HUD Table 8 above indicates that Non-Hispanic White residents are more concentrated in these coastal developments, which include Castle Manor Apartments, Laguna Apartments, and 911 Glenoak. The demographic composition of these developments corresponds with the general trend in Corpus Christi, with Non-Hispanic White residents being more likely to live on the coast and in these developments. The highest concentration of residents in the HCV program is in the northwest-central area of the city, a predominately Hispanic area. Units in the HCV program also have a high percentage of Black residents, as shown in HUD Table 6 above. However, as shown in HUD Table 5, the northeast area of the city, where many Black residents live in the Hillcrest and Washington-Coles neighborhoods, has few units in the HCV program. Units in the “Other HUD Multifamily” category are located in the north-central and southeast areas. Although these units have a higher concentration of Non-Hispanic White residents than the neighborhoods in which they are located, it is difficult to draw definitive conclusions about these units because they offer specialized care, including supportive services for elderly residents or residents with disabilities. LIHTC developments are more widespread, located in the northwest, west-central, and southeast areas. These areas have a high percentage of Hispanic residents. HUD Maps 14.1 and 14.2 in the Disability and Access Analysis chapter show the location of residents with disabilities in Corpus Christi. Most of these residents are concentrated in the southeast-central area of the city, slightly south of the location of most publicly supported housing developments. Developments with a high concentration of families with children are dispersed throughout the city: Treyway/Leeward is in the southeast area, Lantana Square is in the northwest-central area, and Mckinzie/Andy Alaniz is northwest of the city, in Arlington Heights. As shown in HUD Map 7.3 in the Disparities in Access to Opportunity chapter, areas of Corpus Christi with a high concentration of families with children are the northeast coast, the south side, and the northwest-central area. Morningside Research and Consulting, Inc. 113 City of Corpus Christi 2017 Assessment of Fair Housing DISPARITIES IN ACCESS TO OPPORTUNITY a. Describe any disparities in access to opportunity for residents of publicly supported housing, including within different program categories (public housing, project-based Section 8, Other HUD Multifamily Assisted Developments, HCV, and LIHTC) and between types (housing primarily serving families with children, elderly persons, and persons with disabilities) of publicly supported housing. HUD Map 5 shows that most publicly supported housing units in Corpus Christi are located in the north-central area of the city. This is an area shown to have low access to proficient schools and high exposure to poverty in HUD Maps 7.1 and 12.1 of the Disparities in Access to Opportunity chapter. Some project-based Section 8 and other multifamily developments are also in the southeast area of the city; HUD Map 8.1 in the same chapter shows that this is an area with low job proximity. The east-central area of the city also has a relatively high concentration of units in the HCV program; according to HUD data, HCV units represent 15.8 percent of households in census tract 7 and 8.0 percent of households in census tract 8. HUD Maps 9.1 and 12.1 in the Disparities in Access to Opportunity chapter indicate that this is an area with low labor market engagement and high exposure to poverty. ADDITIONAL INFORMATION a) Beyond the HUD-provided data, provide additional relevant information, if any, about publicly supported housing in the jurisdiction and region, particularly information about groups with other protected characteristics and about housing not captured in the HUD- provided data. b) The program participant may also describe other information relevant to its assessment of publicly supported housing. Information may include relevant programs, actions, or activities, such as tenant self-sufficiency, place-based investments, or mobility 8 programs. The CCHA is currently working through the RAD program to improve the stock of publicly supported housing in Corpus Christi. According to HUD, this program allows housing authorities to “preserve and improve public housing properties and address the $26 billion dollar nationwide backlog of deferred maintenance” by converting public housing units to the Section 8 voucher program “so that providers may leverage the private capital markets to make critical improvements.”18 Four developments are currently being converted through this program: Wiggins Homes, La Armada I, La Armada III, and Clairelaine Gardens. A representative from CCHA 18 “Rental Assistance Demonstration.” HUD.gov. U.S. Department of Housing and Urban Development, n.d. Web. https://www.hud.gov/RAD. Accessed September 27, 2017. Morningside Research and Consulting, Inc. 114 City of Corpus Christi 2017 Assessment of Fair Housing believes that this will allow for more flexibility in hiring private contractors, which will lead to more renovations and potentially increase the supply of available units. The CCHA also provides mobility counseling to help residents interested in moving to areas of opportunity in the city, providing information on poverty concentration, crime, schools, income, and jobs to help inform their decisions. The authority hopes to offer a program that will provide monthly classes on financial literacy and other topics that will prepare residents receiving housing choice vouchers to enter the rental market. Through this program, residents will have the opportunity to obtain a certification of their financial literacy that they can present to potential landlords. In 2017, the CCHA began the demolition of the D.N. Leathers public housing complex, located on 1001 Coke Street. Although residents were provided tenant-based vouchers and mobility counseling to help with their relocation, the inventory of affordable housing did not increase, limiting the supply of publicly supported units. CONTRIBUTING FACTORS OF PUBLICLY SUPPORTED HOUSING LOCATION AND OCCUPANCY Consider the listed factors and any other factors affecting the jurisdiction and region. Identify factors that significantly create, contribute to, perpetuate, or increase the severity of fair housing issues related to publicly supported housing, including Segregation, RECAPs, Disparities in Access to Opportunity, and Disproportionate Housing Needs. For each contributing factor that is significant, note which fair housing issue(s) the selected contributing factor relates to.  Admissions and occupancy policies and procedures, including preferences in publicly supported housing  Land use and zoning laws  Community opposition  Impediments to mobility  Lack of private investment in specific neighborhoods  Lack of public investment in specific neighborhoods, including services and amenities  Lack of regional cooperation  Occupancy codes and restrictions  Quality of affordable housing information programs  Sitting selection policies, practices and decisions for publicly supported housing, including discretionary aspects of Qualified Allocation Plans and other programs  Source of income discrimination  Other The following are contributing factors to publicly supported housing location and occupancy in Corpus Christi listed in priority order. Morningside Research and Consulting, Inc. 115 City of Corpus Christi 2017 Assessment of Fair Housing LACK OF PUBLIC INVESTMENT IN SPECIFIC NEIGHBORHOODS, INCLUDING SERVICES AND AMENITIES Stakeholders believe that Corpus Christi is not proactive in neighborhood planning, noting that the city was without a planning department for nearly three years and only recently re- established one. Because of this, some neighborhoods in Corpus Christi do not receive the targeted attention that some stakeholders believe is necessary to overcome historical disparities. The newly formed planning department is currently working on creating area development plans to address the needs of nine specific areas of Corpus Christi: the northwest, downtown, midtown, west side, south side, Corpus Christi Airport, Flour Buff, the portion of North Padre Island located in City Council District 4, and London areas. On the west side, which has the highest concentration of publicly supported housing units, residents have low access to proficient schools and other public services. IMPEDIMENTS TO MOBILITY According to stakeholders, redeeming housing choice vouchers is difficult in Corpus Christi, often due to source of income discrimination from landlords. One stakeholder reported contacting 54 different housing developments in Corpus Christi and only receiving confirmation of availability for voucher holders from five. Although CCHA has implemented more mobility counseling, the planned conversion of more publicly supported units to the HCV program due to RAD will only increase the need for active measures in improving housing mobility. Stakeholders reported receiving outdated information about housing developments that would accept vouchers. LACK OF REGIONAL OR LOCAL COOPERATION Stakeholders mention that local policymakers are interested in publicly supported housing, but they are often not informed about the most effective uses of their resources. For example, although the City of Corpus Christi maintains a Type A Fund for affordable housing (paid for by a one-eighth cent sales tax), some stakeholders believe that the funds are not being spent in a way that best provides affordable housing opportunities. The Type A Fund has $500,000 to distribute on an annual basis; in 2015 and 2016, a total of $400,000 was given to the CCHA to rehabilitate one of its public housing complexes and bring seven previously unusable units back into the market. Although these funds provide some resources for improving publicly supported housing, more cooperation between local government, nonprofits, and the CCHA could ensure that resources are distributed appropriately and that policy intentions are aligned around common goals. COMMUNITY OPPOSITION Stakeholders report community opposition to the development of new publicly supported housing units that limits the supply and location of these units in Corpus Christi. In one instance, Morningside Research and Consulting, Inc. 116 City of Corpus Christi 2017 Assessment of Fair Housing according to a representative from CCHA, residents on the south side rejected a proposal for an affordable housing development at the intersection of Wooldridge Road and Quebec Drive, leading CCHA to sell the 14.5 acre plot. Stakeholders believe that because members of the community are not knowledgeable about affordable housing, they do not understand the benefits to the city of having a variety of housing options, and assume affordable units are low quality. According to stakeholders, this leads many residents to adopt a “Not in My Backyard” (NIMBY) attitude toward publicly supported units. Morningside Research and Consulting, Inc. 117 City of Corpus Christi 2017 Assessment of Fair Housing V.D. DISABILITY AND ACCESS A NALYSIS POPULATION PROFILE a) How are persons with disabilities geographically dispersed or concentrated in the jurisdiction and region, including R/ECAPs and other segregated areas identified in previous sections? U.S. Department of Housing and Urban Development (HUD) Maps 14.1 and 14.2 below show the geographic dispersion of persons with various types of disabilities in Corpus Christi. The dispersion of such persons follows the general population density; however, concentrations of persons with disabilities near the city center are higher as a percentage of the population than in other areas. These areas of higher concentration include, but are not limited to, the seven racially or ethnically concentrated areas of poverty (R/ECAPs) in the city. The west-central area (around Corpus Christi International Airport) is predominately Hispanic and does not appear to have a concentration of persons with disabilities; the northeast bay and the portion of North Padre Island in Council District 4 are predominately Non-Hispanic White and also do not appear to have disproportionately high concentrations of persons with disabilities. Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Map 14.1 Disability by Type: Hearing, Vision, Cognitive Morningside Research and Consulting, Inc. 118 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 14.2 Disability by Type: Ambulatory, Self-Care, Independent Living b) Describe whether these geographic patterns vary for persons with each type of disability or for persons with disabilities in different age ranges for the jurisdiction and region. The Corpus Christi region consists of Nueces and San Patricio counties. Comparing HUD maps 14.1 and 14.2 above does not reveal an obvious difference in geographic dispersion for persons with different types of disability within the City of Corpus Christi. HUD Table 13 shows that for all types of disabilities under consideration, residents of Corpus Christi experience somewhat lower rates of disability than the region as whole. The largest difference is in the rate of ambulatory disability with 13,179 additional individuals with a disability in the region compared to the City of Corpus Christi. The smallest difference is in the rate of cognitive disability, which Corpus Christi residents experience at a rate nearly identical to that of the region. HUD Table 13 Disability by Type Corpus Christi, Texas Corpus Christi, Texas Region Disability Type Number Percent Number Percent Hearing difficulty 13,899 4.92% 20,912 5.27% Vision difficulty 10,222 3.62% 15,370 3.87% Cognitive difficulty 19,171 6.78% 27,216 6.86% Ambulatory difficulty 25,883 9.16% 39,062 9.85% Self-care difficulty 11,913 4.21% 17,408 4.39% Independent living difficulty 17,164 6.07% 25,457 6.42% Note 1: All percentages represent a share of the total population within the jurisdiction or region. Note 2: Data Sources: American Community Survey (ACS) Morningside Research and Consulting, Inc. 119 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 14 shows that Corpus Christi residents between the ages of 5 and 17 experience disabilities at a rate just higher than the region as a whole. City residents between 18 and 64 years of age and over 65 experience disabilities at a rate slightly lower than the region as a whole. The higher rates of disability among children and youth in the city as compared with the region may be related to better access to schools with accommodations for children who are disabled. HUD Map 15 suggests that children (aged 5 to 17) with disabilities are concentrated in and around the seven R/ECAPs identified in the city. HUD Table 14 Disability by Age Group Corpus Christi, Texas Corpus Christi, Texas Region Age of People with Disabilities Number Percent Number Percent Age 5-17 with Disabilities 4,837 1.71% 6,432 1.62% Age 18-64 with Disabilities 25,933 9.17% 37,793 9.53% Age 65+ with Disabilities 15,673 5.54% 24,491 6.17% Note 1: All % represent a share of the total population within the jurisdiction or region. Note 2: Data Sources: ACS HUD Map 15 Disability by Age Group HOUSING ACCESSIBILITY a) Describe whether the jurisdiction and region have sufficient affordable, accessible housing in a range of unit sizes. Stakeholders interviewed as part of the community participation process for the Corpus Christi Assessment of Fair Housing (AFH) believe that Corpus Christi has a lack of accessible housing for residents with disabilities. They pointed out that Corpus Christi has an older population and residents are aging into disabilities. Once an individual receives an accessible unit in public Morningside Research and Consulting, Inc. 120 City of Corpus Christi 2017 Assessment of Fair Housing housing, they typically stay for a very long time, and it is difficult to find open units for people transitioning out of institutions or others needing an accessible unit. Advocates for individuals with disabilities believe that the city does not prioritize the needs of disabled residents in planning efforts. Stakeholders report that CCHA has 91 accessible units and is currently the only source of permanent housing for residents with disabilities. Residents engaged in public participation noted that affordable housing is difficult to find in a range of unit sizes. Residents also discussed the need for increased assistance for home modifications for individuals who own their homes and have a disability or are aging into a disability. The City of Corpus Christi Human Relations Division lists eight privately-owned affordable housing developments for persons who are elderly or disabled with a total of 600 units. These include 392 studio or one-bedroom units and 13 two-bedroom units which are publicly supported under the Section 8 and Section 202 programs and an additional 180 one- and two-bedroom units that are not publicly supported. Limited data are available on the characteristics of individuals with disabilities in Corpus Christi. However, a state-wide report from the Texas Workforce Investment Council shows that labor force participants with disabilities are less likely than labor force participants without disabilities to have a bachelors degree and that labor force participants with disabilities earn less income than labor force participants without disabilities at all education levels.19 U.S. Census data from the 2011-2015 ACS shows that 22.4 percent of the population with disabilities in Texas are below 100 percent of the federal poverty line compared to 16.6 percent of the population without a disability. Stakeholders during community participation noted that some individuals with disabilities cannot work or can only work on a limited basis; for these individuals Social Security Income (SSI) is their only source of income. SSI offers a fixed monthly income to adults or children with a disability and persons over the age of 65 who meet the financial limits. Stakeholders said that the fixed income is low and individuals with SSI as well as other individuals with disabilities who are not fully employed are in need of affordable housing programs in the city. b) Describe the areas where affordable accessible housing units are located in the jurisdiction and region. Do they align with R/ECAPs or other areas that are segregated? Data for the affordability and accessibility of all rental units by census tract are not available from the HUD Affirmatively Furthering Fair Housing (AFFH) tool for Corpus Christi. However, data are available on affordable, accessible housing provided through various publicly supported housing programs including public housing, project-based Section 8, Section 8 housing choice voucher 19 “People with Disabilities: A Texas Profile.” Texas Workforce Investment Council, June 2016. PDF. Web. https://gov.texas.gov/uploads/files/organization/twic/Disabilities_Profile.pdf. Accessed September 27, 2017. Morningside Research and Consulting, Inc. 121 City of Corpus Christi 2017 Assessment of Fair Housing (HCV) program, Low-Income Housing Tax Credit (LIHTC), and other multifamily properties which include properties funded through the Supportive Housing for the Elderly (Section 202), Supportive Housing for Persons with Disabilities (Section 811), Rental Housing Assistance (Section 236), Rent Supplement (Rent Supp), Rental Assistance Payment, and Below Market Interest Rates (BMIR) programs. HUD Map 5 below shows that Corpus Christi has 23 project-based Section 8 developments, four of which are located within R/ECAPs. The city has 10 public housing developments, seven of which are located in R/ECAPs. The city also has 17 LIHTC developments including both new construction and rehabilitation projects, of which five are located in R/ECAPs. One of the four other multi-family developments in the city is located in a R/ECAP. In total, 17 out of 54 (31.5 percent) of the publicly supported housing developments in Corpus Christi are located in a R/ECAP. The shading on the map shows that areas near the city center have the highest percentage of HCV units. The areas that show over 6.5 percent voucher units are consistent with the areas referred to as the north side and the west side by residents and stakeholders during community participation. Similarly, the areas with less than 2.1 percent voucher units are in the far northwest of Corpus Christi and on the south side, consistent with community input. Comparing HUD Map 5 below with HUD Map 7 in the disparities in access to opportunity chapter of this AFH shows that areas of the city where HCVs are accepted are not located near proficient schools, which was echoed in comments received during community participation activities for this AFH. HUD Map 5 – Public Housing Morningside Research and Consulting, Inc. 122 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 5 below shows the number of publicly supported housing units in Corpus Christi by program category. In total, the city has 5,216 publicly supported units across all categories, which represent about 4.4 percent of all housing units. HUD Table 5 Publicly Supported Housing Units by Program Category Corpus Christi, Texas Housing Units Number Percent Total housing units 118,475 - Public Housing 1,836 1.55% Project-based Section 8 1,939 1.64% Other Multifamily 56 0.05% HCV Program 1,385 1.17% Note 1: Data Sources: Decennial Census; A Picture of Subsidized Households (APSH) In addition, the City of Corpus Christi Human Relations Division, which administers the Fair Housing Assistance Program (FHAP), maintains a list of eight privately-owned affordable housing developments for persons who are elderly or disabled with a total of 600 units. These include 392 studio or one-bedroom units and 13 two-bedroom units which are publicly supported under the Section 8 and Section 202 programs and an additional 180 one- and two-bedroom units that are not publicly supported. Comparing Map V-6 of privately-owned affordable and accessible housing developments to the HUD maps of race/ethnicity and opportunity indicators shows that all of these developments are located in low opportunity neighborhoods and areas with a predominantly Hispanic population. Map V-6 Privately-owned Affordable and Accessible Housing Developments Morningside Research and Consulting, Inc. 123 City of Corpus Christi 2017 Assessment of Fair Housing c) To what extent are persons with different disabilities able to access and live in the different categories of publicly supported housing in the jurisdiction and region? HUD Table 15 below shows the extent to which persons with different disabilities are able to access and live in the different categories of publicly supported housing. The table indicates that roughly one in five project-based Section 8 or other public housing residents are persons with disabilities. Nearly one in four housing choice voucher (HCV) program participants, and nearly two-thirds of the city’s 43 “other multifamily” residents are persons with disabilities. The table suggests that nearly one-quarter of all publicly supported housing units in Corpus Christi are occupied by persons with disabilities. This is lower than Texas and the United States; according to the HUD public housing resident characteristics report for May 2016 through August 31 2017, 38.3 percent of residents in publicly supported housing in Texas, and 41.4 percent in the United States are persons with disabilities.20 However, according to five-year estimates from ACS (2011- 15), Corpus Christi has a somewhat larger proportion of residents with disabilities (13.9 percent) than Texas and the United States (11.6 percent each).21 Stakeholders believe that the CCHA does not have a sufficient number of accessible units available in publicly supported housing in Corpus Christi to meet the needs of the population with disabilities. In the community participation section, it is noted that public housing in Corpus Christi is out of date and needs updating to meet American with Disabilities Act (ADA) standards which may contribute to a lack of available units. The median income for individuals who are disabled in Corpus Christi is 78.2 percent of the median income of the general population of the city; this is a higher relative income than for individuals who are disabled in Texas (71.2 percent) or the United States (67.9 percent). It is also possible, then, that the higher relative income of residents with disabilities in Corpus Christi contributes to a lower percentage of residents with a disability living in public housing. 20 “Resident Characteristics Report.” hudaps.hud.gov. Department of Housing and Urban Development. Web. https://hudapps.hud.gov/public/picj2ee/Mtcsrcr?category=rcr_ttp&download=false&count=0. Accessed September 27, 2017. 21 2011-2015 American Community Survey 5-Year Estimates S1810. Morningside Research and Consulting, Inc. 124 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 15 Disability by Publicly Supported Housing Program Category Corpus Christi, Texas People with a Disability Publicly Supported Housing Type Number Percent Public Housing 312 20.38% Project-Based Section 8 403 22.81% Other Multifamily 28 65.12% HCV Program 298 24.45% (Corpus Christi, Texas) Region Public Housing 312 20.38% Project-Based Section 8 403 22.81% Other Multifamily 28 65.12% HCV Program 447 24.47% Note 1: The definition of "disability" used by the Census Bureau may not be comparable to reporting requirements under HUD programs. Note 2: Data Sources: ACS INTEGRATION OF PERSONS WITH DISABILITIES LIVING IN INSTITUTIONS AND OTHER SEGREGATED SETTINGS a) To what extent do persons with disabilities in or from the jurisdiction or region reside in segregated or integrated settings? Persons with disabilities in Corpus Christi appear more likely to live in settings segregated by race or ethnicity, national origin, or limited English proficiency than the general population. According to the 2010 decennial U.S. Census data used for the HUD AFFH mapping tool, eight percent of the general population of Corpus Christi lives in the seven R/ECAPs in the city while 10 percent of persons with disabilities live in R/ECAPs. As discussed in the segregation/integration chapter of this AFH, the areas in and around the R/ECAPs are among the most segregated, with predominately Hispanic residents, many residents from Mexico, and many Spanish-speaking residents. b) Describe the range of options for persons with disabilities to access affordable housing and supportive services in the jurisdiction and region. A number of publicly supported housing programs and private developments in Corpus Christi provide access to affordable housing and supportive services for persons with disabilities. CCHA manages over 1,800 units and is currently accepting Section 8 project-based voucher waiting list applications for elderly, disabled and very low to extremely low-income families for the Sea Breeze Seniors Apartments (200 units) and Corban Townhomes (128 units). The CCHA HCV waiting list is currently closed. The HCV waitlist was last opened June 2015, when CCHA received 46,000 applications and randomly selected 1,000 to add to the waitlist. Of Morningside Research and Consulting, Inc. 125 City of Corpus Christi 2017 Assessment of Fair Housing the 1,261 HCVs in the CCHA inventory, 92 are categorized as “non-elderly disabled” (NED).22 NED vouchers serve disabled persons under the age of 62 who are living in an institution or a nursing facility but want to transition to living in their own home. Most recipients use their Section 8 benefits for apartments or single-family homes, but individuals with a disability can also use it to pay for a group home, shared housing, congregate housing, a room, or an assisted living facility.23 The City of Corpus Christi Human Relations Division lists eight privately-owned affordable housing developments for persons who are elderly or disabled with a total of 600 units. Representatives from Coastal Bend Center for Independent Living (CBCIL) participated in an interview and focus group for this report. CBCIL is a nonprofit that provides support services for individuals with disabilities in Corpus Christi. Their housing-specific services include home modification assistance and a Tenant Based Rental Assistance Program that provides short-term vouchers to individuals with disabilities who are waiting to access permanent subsidized housing. In addition to housing support, CBCIL provides community living assistance and case management, mobility services, healthcare navigation services, and other services. DISPARITIES IN ACCESS TO OPPORTUNITY a) To what extent are persons with disabilities able to access the following in the jurisdiction and region? Identify major barriers faced concerning: i. Government services and facilities ii. Public infrastructure (e.g., sidewalks, pedestrian crossings, pedestrian signals) iii. Transportation iv. Proficient schools and educational programs v. Jobs Most respondents to the resident survey conducted for this AFH describe the public areas and facilities in Corpus Christi as “somewhat accessible” and 17 percent describe them as “very accessible”. The barriers faced by individuals with disabilities include the following: G OVERNMENT SERVICES AND FACILITIES. Section 24-90 of the city code of Corpus Christi requires that any program or activity operated or contracted for by the city will provide reasonable accommodation to individuals with a disability. Currently, not all public facilities meet ADA standards. Plan CC, the recently updated comprehensive plan that creates a 20-year policy and strategic framework for the city, has a goal related to accessibility: “New or renovated buildings, facilities, and open spaces that are required to comply with ADA (Americans with 22 “Corpus Christi Housing Authority.” Affordable Housing Online,4/26/2017. Web. https://affordablehousingonline.com/housing-authority/Texas/Corpus-Christi- Housing-Authority/TX008 9/28/2017. 23 “Section 8 Vouchers – Special Cases.” Low-Income-Housing-Help, n.d. Web. https://low-income-housing-help.com/special-case-vouchers. 9/28/2017 Morningside Research and Consulting, Inc. 126 City of Corpus Christi 2017 Assessment of Fair Housing Disabilities Act) standards do comply.”24 One of the two strategies listed for decision makers in the city is to: “Support programs to meet all outstanding ADA deficiencies in public facilities.”25 P UBLIC INFRASTRUCTURE. Participants in the community participation component of this AFH often stated that public infrastructure is old and needs to be repaired, often referring to streets and sidewalks. By city ordinance, property owners are responsible for sidewalk maintenance. Occasionally small stretches of sidewalk are repaired or replaced by the city as part of a street project. A Residential Street Rebuild Program (RSRP) is presently under development as part of the Street Improvement Plan (SIP) for the city. The RSRP is intended to address the poor conditions of residential streets in Corpus Christi. T RANSPORTATION. The Corpus Christi Regional Transportation Authority operates 25 local bus routes which offer services to most areas in the central, east, and northeast portions of the city. However, large areas of City Council Districts 4 and 5 are not connected to public transit networks, making it challenging for individuals with disabilities to access services throughout the city. All Corpus Christi Regional Transportation Authority (CCRTA) buses are accessible and equipped with ramps or wheelchair lifts. Buses are capable of lowering the entrance door to make it easier for passengers to board the vehicle. Seating areas at the front of the bus are reserved for persons with disabilities and older adults requiring assistance with boarding and exiting the bus. Wheelchair securement areas are also located at the front of the bus. Automated systems or CCRTA operators must announce, at a minimum, all transfer points, major intersections, destination points, and other intervals along a route sufficient to permit individuals with visual or cognitive disabilities to be oriented to their location. In addition, the operator is required to announce any stop upon the request of the rider. Persons over the age of 60 years with a Medicare card or a disability qualify to apply for the CCRTA reduced fare program. Stakeholders interviewed during the community participation process for this AFH indicated that persons with disabilities have difficulty accessing transportation. In some cases, a bus stop for a CCRTA bus is not nearby or the route to the bus stop is not accessible. The B-line is a paratransit service that provides door-to-door transportation services for people with disabilities who qualify for service. However, advocates for individuals with disabilities noted that it can be inconvenient because service must be scheduled three days in advance. According to the B-line, no exceptions are granted to this scheduling requirement. 24 Plan CC Comprehensive Plan. p. 46. 25 Plan CC Comprehensive Plan. p. 46. Morningside Research and Consulting, Inc. 127 City of Corpus Christi 2017 Assessment of Fair Housing P ROFICIENT SCHOOLS AND EDUCATIONAL PROGRAMS. Corpus Christi has five public school districts. All are required through federal law under Section 504 of The Rehabilitation Act of 1973 to provide free and appropriate education for students with disabilities. Comparing HUD Map 5 in this chapter on availability of public housing in Corpus Christi to HUD Map 7, in the disparities in access to opportunities chapter of this AFH, of School Proficiency shows that areas where affordable, accessible housing is located do not have access to high proficiency schools in Corpus Christi. This disproportionately affects residents with disabilities who make up 13.9 percent of the population in Corpus Christi but close to a quarter of the residents living in publicly supported housing in the city. Additionally, HUD Map 15 suggests that school-aged children (ages 5 to 17) with disabilities are concentrated in and around the seven R/ECAPs identified in the city. J OBS. Five-year estimates from the ACS (2011-15) suggest that accessing work in the city may be difficult for persons with disabilities. The labor force participation rate among persons with disabilities is 45.1 percent. Among all residents 16 years and older in the city, the labor force participation rate is 65.0 percent.26 b) Describe the processes that exist in the jurisdiction and region for persons with disabilities to request and obtain reasonable accommodations and accessibility modifications to address the barriers discussed above. The City of Corpus Christi Housing and Community Development Department (HCD) has a minor home rehabilitation program funded through CDBG funds. This program provides minor home repairs (plumbing or minor structural repairs are allowed by the program) to citizens 62 or older or who are disabled and includes accessibility repairs or installments such as ADA-compliant showers and toilets and widening doorways. The city also provides funding to CBCIL which also assists clients with ADA-compliant ramps and home modifications. Individuals may apply for the modifications by contacting the city or CBCIL. Persons with disabilities who require additional assistance or a reasonable accommodation to access city services, programs, activities, and facilities may contact the city ADA Coordinator at least 48 hours in advance for assistance by telephone. The Trash and Recycle Pick-Up Service (TARPS) provides limited accommodation upon request by telephone to assist individuals who have a temporary/permanent disability or medical condition which prohibits them from pulling or pushing the garbage/recycling cart(s) to the curb on their designated pick-up days. Among the fair housing goals set by the CCHA is a goal ensuring accessible housing to persons with all disabilities regardless of unit size required. This goal is addressed by the policies laid out in the CCHA’s admissions and continued occupancy policy (ACOP). 26 United States Census Bureau 5 year estimate 2011-2015.. Morningside Research and Consulting, Inc. 128 City of Corpus Christi 2017 Assessment of Fair Housing As noted above, the B Line paratransit service for individuals with disabilities is available for those who qualify and must be arranged three days in advanced. Workforce Solutions of the Coastal Bend provides links and resources for persons with disabilities that include organizations that can help individuals find employment or income. c) Describe any difficulties in achieving homeownership experienced by persons with disabilities and by persons with different types of disabilities in the jurisdiction and region. In interviews and focus groups stakeholders discussed that development is occurring in underdeveloped areas outside of the city center. They noted that building affordable housing in surrounding rural areas does not benefit the disabled community, which relies on public transportation and needs affordable, accessible housing within the city where transportation is accessible. Stakeholders interviewed as part of the community participation process for the Corpus Christi AFH indicate that the highest volume of fair housing complaints in Corpus Christi is regarding modifications for persons with disabilities. Individuals who age into a disability experience difficulty requesting modifications through private landlords and homeowners experience difficulty finding affordable services for home modification. Additionally, some of the public housing facilities are old and need modifications to comply with the ADA regulations. DISPROPORTIONATE HOUSING NEEDS a) Describe any disproportionate housing needs experienced by persons with disabilities and by persons with certain types of disabilities in the jurisdiction and region. As noted previously in this chapter, national and state-level data indicate that individuals with disabilities typically have lower average incomes than individuals without disabilities. Although local data are limited on the incomes of individuals with disabilities, stakeholders engaged in community participation for this AFH agree that individuals with disabilities in Corpus Christi are often disproportionately affected by the cost burden of housing. The disproportionate housing needs section of this AFH identifies several geographic areas of Corpus Christi where housing problems, such as cost burden, overcrowding, or substandard housing, are concentrated. These areas are the north-central, the west-central, and northeast areas of the city. The north-central area includes several neighborhoods designated as R/ECAPs. These areas correspond with the areas identified at the beginning of this chapter in HUD Map 5 where residents with all types of disabilities are more concentrated. This suggests that persons with disabilities may experience disproportionate housing needs in the city. Morningside Research and Consulting, Inc. 129 City of Corpus Christi 2017 Assessment of Fair Housing ADDITIONAL INFORMATION a) Beyond the HUD-provided data, provide additional relevant information, if any, about disability and access issues in the jurisdiction and region including those affecting persons with disabilities with other protected characteristics. b) The program participant may also describe other information relevant to its assessment of disability and access issues. Information from the resident survey conducted for the Corpus Christi AFH is relevant to disability and access issues in the city. Approximately 11 percent of respondents to the survey have someone with one or more disabilities living in their home, and 9 percent have at least one person over age 65 living in their home. Eight percent of respondents indicate that their residence has been modified for a disability. Some respondents paid for these modifications through a personal loan while others say that their apartments came with accessibility modifications. Most respondents (56 percent) report modified toilet seats in their residences; others say handicap showers are installed. Some residents (12 percent) say that they need accessibility modifications, specifying the need for widened doorways, modified bathrooms, and wheelchair ramps. Many respondents (65 percent) did not know how to request modifications to their residence for a disability. DISABILITY AND ACCESS ISSUES CONTRIBUTING FACTORS Consider the listed factors and any other factors affecting the jurisdiction and region. Identify factors that significantly create, contribute to, perpetuate, or increase the severity of disability and access issues and the fair housing issues, which are Segregation, R/ECAPs, Disparities in Access to Opportunity, and Disproportionate Housing Needs. For each contributing factor, note which fair housing issue(s) the selected contributing factor relates to.  Access for persons with disabilities to proficient schools  Access to publicly supported housing for persons with disabilities  Access to transportation for persons with disabilities  Inaccessible government facilities or services  Inaccessible public or private infrastructure  Lack of access to opportunity due to high housing costs  Lack of affordable in-home or community-based supportive services  Lack of affordable, accessible housing in range of unit sizes  Lack of affordable, integrated housing for individuals who need supportive services  Lack of assistance for housing accessibility modifications  Lack of assistance for transitioning from institutional settings to integrated housing Morningside Research and Consulting, Inc. 130 City of Corpus Christi 2017 Assessment of Fair Housing  Lack of local or regional cooperation  Land use and zoning laws  Lending discrimination  Location of accessible housing  Loss of Affordable Housing  Occupancy codes and restrictions  Regulatory barriers to providing housing and supportive services for persons with disabilities  Source of income discrimination  State or local laws, policies, or practices that discourage individuals with disabilities from living in apartments, family homes, supportive housing, shared housing and other integrated settings  Other The following are contributing factors to disability and access issues in Corpus Christi listed in priority order. LACK OF AFFORDABLE, ACCESSIBLE HOUSING IN A RANGE OF UNIT SIZES Corpus Christi has an aging population, with a growing number of residents with disabilities and low incomes. However, the city does not have enough affordable and accessible housing units to match the increasing demand. Stakeholders believe that people with disabilities are not regarded as a valued demographic and say that it is more profitable for developers to build new market- rate housing units in areas that are underdeveloped outside the core of the city. Stakeholders noted that provision of greater affordable housing units in the city center where there is higher access to public services such as transportation is important for individuals with disabilities and would help meet excess demand. LOCATION OF ACCESSIBLE HOUSING Most of the accessible housing units are located near the city center in the east and northeast areas of the city, represented on city documents as districts 1 and 3. These districts also offer the highest percentage of HCV units. The City of Corpus Christi Human Relations Division lists eight privately-owned affordable housing developments for persons who are elderly or disabled which are also primarily near the city center. CCHA also manages over 1,800 units and is currently accepting Section 8 Project-Based Voucher waiting list applications for the elderly, disabled and very low to extremely low-income families. Data is not available on where accessible housing exists through private landlords. Morningside Research and Consulting, Inc. 131 City of Corpus Christi 2017 Assessment of Fair Housing LACK OF ASSISTANCE FOR HOUSING ACCESSIBILITY MODIFICATIONS CBCIL provides accessible home modifications to low income people with disabilities. A note on the CBCIL website indicates that all services are contingent on funding availability. In 2015, CBCIL received a grant for $100,000 from the Community Development Block Grant (CDBG) Program to provide such modifications. Senior residents in focus groups noted difficulty getting assistance to install modifications to their homes. Many of them rely on their children to help them install modifications or install the modifications themselves. Quite a few respondents indicate that they need modifications to their residence for a disability but did not know how to request for them. STATE OR LOCAL LAWS, POLICIES, OR PRACTICES THAT DISCOURAGE INDIVIDUALS WITH DISABILITIES FROM LIVING IN APARTMENTS, FAMILY HOMES, SUPPORTIVE HOUSING, SHARED HOUSING AND OTHER INTEGRATED SETTINGS Section 24-90 of the code of ordinances for the City of Corpus Christi provides details to protect participation of individuals with a disability, consistent with requirements of federal and state laws and in compliance with the Americans with Disabilities Act. Stakeholders noted the lack of available accessible and affordable apartment units which may discourage some residents with disabilities from living in apartments. Stakeholders expressed that future development plans for Corpus Christi will likely have to be adjusted to accommodate more high density single-family residential and multi-family residential zoning. While Corpus Christi code allows congregate living for six or fewer residents as an acceptable use for a residentially zoned property, the development of congregate homes for seven or more individuals who are physically or mentally disabled would require land zoned for Public and Civic use. ACCESS TO PUBLICLY SUPPORTED HOUSING FOR PERSONS WITH DISABILITIES Corpus Christi has 5,216 publicly supported housing units and about 23 percent provide housing for persons with disabilities. Nationally 42 percent of residents in publicly supported housing have a disability and in Texas 38 percent have a disability. Corpus Christi has a higher proportion of residents with disabilities (13.9 percent) than the state and nation (11.6 percent each). Stakeholders noted that 91 accessible public housing units are available in Corpus Christi and that there is little turnover in these units resulting in long wait times for an accessible unit. Additionally, stakeholders noted that public housing infrastructure is dated and does not meet all ADA requirements. The quantity of individuals with disabilities and the proportion of public housing that is occupied by individuals with disabilities compared to state and national statistics along with stakeholder input suggests that persons with disabilities have lower access to public housing in Corpus Christi than their counterparts in Texas and the United States as a whole. Moreover, the highest volume Morningside Research and Consulting, Inc. 132 City of Corpus Christi 2017 Assessment of Fair Housing of fair housing complaints in Corpus Christi is regarding modifications for persons with disabilities. LACK OF AFFORDABLE IN-HOME OR COMMUNITY-BASED SUPPORTIVE SERVICES Despite a growing number of senior residents with disabilities in Corpus Christi, stakeholders do not think the city has sufficient services to provide in-home or community-based support to these residents. CBCIL provides community living assistance and support services to residents with disabilities; however, representatives noted that additional support services are needed. The city has eight accessible senior centers, three of which are located in City Council Districts 4 and 5 on the south side while the remaining are spread across the north and northeast parts of the city. Meals on Wheels provides congregate meals at each of the senior centers. Morningside Research and Consulting, Inc. 133 City of Corpus Christi 2017 Assessment of Fair Housing V.E. FAIR HOUSING ENFORCEMENT, OUTREACH CAPACITY, AND RESOURCES ANALYSIS a) List and summarize any of the following that have not been resolved:  A charge or letter of finding from HUD concerning a violation of a civil rights-related law;  A cause determination from a substantially equivalent state or local fair housing agency concerning a violation of a state or local fair housing law;  Any voluntary compliance agreements, conciliation agreements, or settlement agreements entered into with HUD or the Department of Justice;  A letter of findings issued by or lawsuit filed or joined by the Department of Justice alleging a pattern or practice or systemic violation of a fair housing or civil rights law;  A claim under the False Claims Act related to fair housing, nondiscrimination, or civil rights generally, including an alleged failure to affirmatively further fair housing; or  A pending administrative complaints or lawsuits against the locality alleging fair housing violations or discrimination. As discussed earlier in this report, implementation is underway for the Texas Department of Transportation, City of Corpus Christi, Port Authority, and Corpus Christi Housing Authority agreement to mitigate the impacts on the Hillcrest and Washington-Coles neighborhood as a result of the planned construction of a new harbor bridge. The agreement includes voluntary relocation for more than 500 households, moving cost assistance, financial assistance for neighborhood churches and small businesses, improvements to the Dr. H.J. Williams Memorial Park in Hillcrest, and a new historic park in Washington-Coles. No other unresolved items relating to fair housing, nondiscrimination, or civil rights are pending for the City of Corpus Christi. The City of Corpus Christi Human Relations Division (CCHRD) is a HUD-certified Fair Housing Assistance Program (FHAP) responsible for investigating fair housing complaints and enforcing violations in Corpus Christi. Corpus Christi residents may present fair housing complaints to the U.S. Department of Housing and Urban Development (HUD), the Texas Workforce Commission (TWC), or the local FHAP office. The table below shows the number of cases filed by HUD and the number filed by the FHAP office for the years shown. A “case” refers to any formal complaint or claim that meets criteria for a fair housing complaint and is investigated. During this period, no cases were investigated by TWC. TWC will refer fair housing inquiries to the Corpus Christi FHAP if it is jurisdictional to that office. Morningside Research and Consulting, Inc. 134 City of Corpus Christi 2017 Assessment of Fair Housing The numbers in the table below do not include inquiries that do not meet the threshold elements of a complaint or claim. Fair Housing Cases FY Filed Number of Filed Cases HUD FHAP Total FY 2015 2 8 10 FY 2016 4 7 11 FY 2017 5 8 13 Total 11 23 34 Source: Texas Workforce Commission. In fiscal year 2017, the Corpus Christi FHAP office reported receiving 197 inquiries, opening 11 new cases, and closing 12 cases. Four of the cases closed were successfully conciliated. The difference between the TWC data and the FHAP data regarding new cases is unknown. The Corpus Christi FHAP office must meet performance metrics established by HUD. Guidance from HUD to FHAP offices dated February 23, 2017, indicates that the minimum requirements for a "reasonable number of complaints" processed for a city the size of Corpus Christi is 13 complaints annually. b) Describe any state or local fair housing laws. What characteristics are protected under each law? The following state and local laws are relevant to fair housing. TEXAS FAIR HOUSING ACT The Texas Fair Housing Act of 1993 prohibits discriminatory housing practices in the sale, rental, and financing of dwellings on the basis of race, religion, color, sex, national origin, disability (mental or physical), and familial status (presence of a child under age 18 living with parents or legal custodians, person securing custody of children under 18, or a pregnant woman). The act is considered by the U.S. Department of Housing and Urban Development (HUD) to be substantially equivalent to the Fair Housing Act of 1968. State fair housing laws enable state government to enforce violations, rather than relying on federal enforcement. TEXAS SENATE BILL 267 Senate Bill 267, passed May 23, 2015 and signed into law on June 19, 2015, prohibits municipalities and counties from adopting or enforcing any ordinance or regulation prohibiting property owners from refusing to lease or rent to a person on the basis of source of income, including funding from a federal housing assistance program. The legislation is presently being challenged in U.S. District Court on the basis of claims that it has disparate impact on minorities Morningside Research and Consulting, Inc. 135 City of Corpus Christi 2017 Assessment of Fair Housing and is therefore in violation of the Fair Housing Act of 1968. The law remains in force while under challenge. According to the 2013-2017 Corpus Christi Consolidated Plan, 75 percent of voucher holders in Corpus Christi are Hispanic, suggesting that this form of discrimination creates a disparate impact on individuals who are Hispanic. CORPUS CHRISTI CODE OF ORDINANCES Article III of the Corpus Christi Code of Ordinances protects the “right of each individual to provide for himself and his/her family a dwelling according to his/her own choosing.” The ordinance prohibits discrimination based upon race, color, sex, religion, disability (mental or physical), and familial status (presence of a child under age 18 living with parents or legal custodians, person securing custody of children under 18, or a pregnant woman), or national origin. The ordinance is considered by HUD to be substantially equivalent to the Fair Housing Act of 1968. Local fair housing laws enable local government to enforce violations rather than relying on federal enforcement. CORPUS CHRISTI PROPERTY MAINTENANCE CODE Section 101 of the Corpus Christi Property Maintenance Code prohibits code enforcement on the basis of race, color, sex, religion, age, disability, national origin, sexual orientation, gender identity. This stipulation protects residents from being singled out for code enforcement activities including search and seizure, injunction, and court proceedings on the basis of the above characteristics. LAND USE AND ZONING LAWS The Corpus Christi Unified Development Code includes group homes for six or fewer residents as an acceptable principle use for a residentially zoned property. A group home for seven or more individuals who are physically or mentally disabled which is not considered a single-family residence falls under social service zoning in the Public and Civic Use Category. Group homes are common housing arrangements for individuals who are disabled and the availability of such living arrangements is important for such individuals to have access to housing opportunities. Map V-7 shows the Future Land Use map outlined in the 2015 comprehensive plan for Corpus Christi, entitled Plan CC. The map shows that high density single family residential and multi- family residential zoning is relatively sparse. Stakeholders interviewed for the Assessment of Fair Housing indicate that zoning changes are needed to allow for denser infill development, enabling multiple units to be built on single-family lots in residential neighborhoods, but generally believe that the city is receptive and easy to work with on changing zoning rules. Morningside Research and Consulting, Inc. 136 City of Corpus Christi 2017 Assessment of Fair Housing Map V-7 Future Land Use c) Identify any local and regional agencies and organizations that provide fair housing information, outreach, and enforcement, including their capacity and the resources available to them The following agencies and organizations provide fair housing information, outreach, and enforcement: TEXAS WORKFORCE COMMISSION CIVIL RIGHTS DIVISION The Texas Workforce Commission Civil Rights Division (TWCCRD) serves as the state Fair Housing Assistance Program (FHAP) authorized to seek and grant relief, as well as initiate civil proceedings with respect to unlawful housing practices. TWCCRD may defer proceedings and refer complaints to a municipality which is certified by HUD as a FHAP; Corpus Christi has a certified FHAP office. CITY OF CORPUS CHRISTI HUMAN RELATIONS DIVISION The City of Corpus Christi Human Relations Division (CCHRD) is the HUD certified FHAP responsible for investigating fair housing complaints and enforcing violations. This certification makes CCHRD eligible for contribution funds from HUD for administrative costs, complaint processing, securing external partnership, special enforcement efforts, and training. Corpus Morningside Research and Consulting, Inc. 137 City of Corpus Christi 2017 Assessment of Fair Housing Christi is one of five local FHAP offices in the state of Texas. In fiscal year 2017, the department processed 197 inquiries, opened 12 cases, four of which were successfully conciliated. In addition to investigating complaints, FHAP office staff conduct outreach and attend community events to educate the community on fair housing issues. Between July 1, 2016, and July 1, 2017, FHAP office staff conducted 41 outreach activities, including attendance at 18 events. CORPUS CHRISTI HOUSING AUTHORITY The Corpus Christi Housing Authority (CCHA) has not yet adopted a final version of its 2017 – 2021 Five-Year Public Housing Agency Plan. The draft 2017 – 2021 Five-Year Public Housing Agency Plan notes four objectives with regard to ensuring equal opportunity and affirmatively furthering fair housing: ensuring access to assisted housing regardless of race, color, religion, national origin, sex, familial status, and disability; ensuring access to a suitable living environment regardless of these characteristics; ensuring accessible housing to persons with all disabilities regardless of unit size required; and encouraging and counseling housing choice voucher (HCV) applicants to consider housing choices in high opportunity areas. The plan notes that these objectives are met through the CCHA admissions and continued occupancy policy (ACOP) document as well as educational HCV program briefings at initial lease and recertification. The ACOP includes CCHA nondiscrimination policies, policies related to persons with disabilities, improving access to services for persons with limited English proficiency, and occupancy standards. CATHOLIC CHARITIES OF CORPUS CHRISTI The housing counseling unit of Catholic Charities of Corpus Christi provides housing counseling including a range of services which promote family and individual self-sufficiency and neighborhood stability by eliminating educational, financial, and psychological/emotional barriers to successful home ownership. Fair housing education is among the services provided by the department. Morningside Research and Consulting, Inc. 138 City of Corpus Christi 2017 Assessment of Fair Housing ADDITIONAL INFORMATION a) Provide additional relevant information, if any, about fair housing enforcement, outreach capacity, and resources in the jurisdiction and region. b) The program participant may also include information relevant to programs, actions, or activities to promote fair housing outcomes and capacity. The resident survey conducted for this Assessment of Fair Housing is relevant to fair housing enforcement, outreach capacity, and resources in Corpus Christi. Seventeen percent of survey respondents indicate that they have been turned down for a mortgage. A majority believe that they were turned down because their credit score was too low, although seven residents believe their mortgage application was turned down for discriminatory reasons on the basis of familial status, religion, race/ethnicity, gender, or disability. Fifteen residents say their real estate agent did not show them all of the places they were interested in when looking for a house or condo to buy. Nine percent of respondents have experienced a rental application rejection, more than half of whom believe it was because of their low credit score. Twelve residents believe their rental applications were turned down for discriminatory reasons, on the basis of familial status, disability, race, or color. Others believe it was because of ethnicity: as one respondent writes, “When I called and used my Spanish surname I was told there were no units, 5 minutes later, using my Anglo maiden name, I was offered the apartment.” Out of 192 respondents, nine explicitly say that they have been discriminated against regarding access to housing, based on familial status, disability, race/ethnicity, or color. Another respondent reports having been turned down because they were previously homeless. Forty-eight percent of respondents say they do not know how to file a housing complaint, and many say they do not know who to talk to if they believe they have been discriminated against while looking for housing. Of the 190 residents who responded, 33.2 percent say they do not trust that a housing complaint would be addressed if they were to file one. Morningside Research and Consulting, Inc. 139 City of Corpus Christi 2017 Assessment of Fair Housing FAIR HOUSING ENFORCEMENT, OUTREACH CAPACITY, AND RESOURCES CONTRIBUTING FACTORS Consider the listed factors and any other factors affecting the jurisdiction and region. Identify factors that significantly create, contribute to, perpetuate, or increase the lack of fair housing enforcement, outreach capacity, and resources and the severity of fair housing issues, which are Segregation, R/ECAPs, Disparities in Access to Opportunity, and Disproportionate Housing Needs. For each significant contributing factor, note which fair housing issue(s) the selected contributing factor impacts.  Lack of local private fair housing outreach and enforcement  Lack of local public fair housing enforcement  Lack of resources for fair housing agencies and organizations  Lack of state or local fair housing laws  Unresolved violations of fair housing or civil rights law  Other LACK OF LOCAL PRIVATE FAIR HOUSING OUTREACH AND ENFORCEMENT Although the Corpus Christi FHAP conducts considerable outreach on fair housing issues and topics, and perhaps because of this, only Catholic Charities was identified as a private provider of fair housing outreach in the community. LACK OF STATE OR LOCAL FAIR HOUSING LAWS Texas Senate Bill 267, passed May 23, 2015 and signed into law on June 19, 2015, prevents municipalities from passing ordinances which prohibit source of income discrimination in rental housing. According to Affordable Housing Online, source of income discrimination is illegal in the District of Columbia, eight states, and many counties throughout the country. The State of Texas also does not provide statewide protections for housing discrimination based on sexual orientation, although the cities of Dallas, Austin, Fort Worth, and Plano have added this protection to local ordinance. The protection is also provided in the District of Columbia and at least 21 other states according to HUD. Morningside Research and Consulting, Inc. 140 City of Corpus Christi 2017 Assessment of Fair Housing VI Fair Housing Goals and Priorities Morningside Research and Consulting, Inc. 141 City of Corpus Christi 2017 Assessment of Fair Housing VI FAIR HOUSING GOALS AND PRIORITIES PRIORITIZATION OF C ONTRIBUTING FACTORS a) For each fair housing issue, prioritize the identified contributing factors. Justify the prioritization of the contributing factors that will be addressed by the goals set below in Question 2. Give the highest priority to those factors that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance. The table below shows the fair housing issues that are discussed in this Assessment of Fair Housing (AFH). Contributing factors for each issue are shown in order of priority with justification given for the relative prioritization of each. Priority is indicated by rank, with “1” being the highest priority. Fair Housing Issues and Contributing Factors in the City of Corpus Christi Fair Housing Issues Contributing Factors (by priority level) Justification of Prioritization Segregation/Integration 1. Location and type of affordable housing 2. Lack of public investments in specific neighborhoods, including services or amenities 3. Lack of community revitalization strategies 4. Displacement of residents due to economic pressures 5. Private discrimination 6. Source of income discrimination 7. Community opposition 1. Affordable housing in Corpus Christi is not evenly distributed throughout the city, and public housing units are concentrated in the north-central area of the city, especially in census tract 15. Because affordable housing is mostly in segregated areas instead of the northwestern Calallen area and the south side, the location of affordable housing can contribute to segregation. 2. Stakeholders say that services and amenities, including proficient public schools, are often concentrated on the south side of Corpus Christi, while many jobs are concentrated near refineries in the west and northwest. Because areas with jobs are mostly home to Hispanic and African American residents, financial pressures can further perpetuate segregation. 3. Stakeholders note that most development in Corpus Christi is occurring on the south side and the west side, rather than in areas with dilapidated homes like the north side and southeast. According to stakeholders, the city has historically had few tangible strategies for revitalization in racially or ethnically concentrated areas of poverty (R/ECAPs) and other areas in the north of the city. 4. Comments received from stakeholders during interviews, focus groups, and survey responses, suggest that private discrimination based on protected class occurs in the City of Corpus Christi, which furthers segregation. 5. Corpus Christi is located near many oil refineries, and the industrial environment can make nearby residential areas, including the historically segregated Hillcrest/Washington-Coles community, undesirable. This has been exacerbated by the proposed Harbor Bridge project, which would cut through these areas and displace many residents. 6. Texas Bill SB 267 allows landlords to turn down lease applicants who have Section 8 vouchers. This can contribute to segregation because it limits the housing choice of residents in segregated areas, as evidenced by the difficulty residents of the D. N. Leathers public housing complex had redeeming their vouchers in other neighborhoods after the complex was demolished. 7. Stakeholders believe that members of the community are not knowledgeable about affordable housing, which can create a “Not in My Backyard” (NIMBY) attitude that deters developers from building affordable housing and multi-family housing on the southern and northwest areas of the city. Morningside Research and Consulting, Inc. 142 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Issues and Contributing Factors in the City of Corpus Christi Fair Housing Issues Contributing Factors (by priority level) Justification of Prioritization Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs) 1. Lack of public investments in specific neighborhoods, including services of amenities 2. Lack of private investments in specific neighborhoods 3. Source of income discrimination 4. Private discrimination 5. Deteriorated or abandoned properties 1. Stakeholders mention that the city does not provide sufficient attention to the Washington-Coles and Hillcrest neighborhoods, designed as R/ECAPs. Although these areas are shown to have limited access to opportunity, some stakeholders believe the city does not make a deliberate effort to address this disparity. 2. Since many R/ECAPs are near industrial areas, residents in R/ECAPs can be affected by the operations of private companies, such as the Ergon Asphalt & Emulsions leak that disproportionately affected the water supply of R/ECAP residents. Stakeholders believe these companies should be more accountable for their environmental and economic effects. 3. Residents in R/ECAPs can face difficulty redeeming Section 8 vouchers due to source of income discrimination, which can limit their housing choice. 4. Comments received from stakeholders during interviews, focus groups, and survey responses, suggest that private discrimination based on protected class occurs in the City of Corpus Christi, which furthers segregation. 5. Stakeholders say that neighborhoods in the north and southeast areas of the city, including the R/ECAPs on U.S. Department of Housing and Urban Development (HUD) maps, are often home to low-quality, dilapidated properties. Disparities in Access to Opportunity 1. Location and type of affordable housing 2. Location of employers 3. Location of environmental health hazards 4. Location of proficient schools and school assignment policies 5. Lack of regional cooperation 6. Private discrimination 7. Source of income discrimination 8. Loss of affordable housing 9. Availability, type, frequency, and reliability of public transportation 1. Stakeholders agree that a shortage of affordable housing for both renters and homebuyers exists in Corpus Christi, with most affordable housing concentrated in the northern and western areas of the city. 2. According to HUD data, areas of Corpus Christi with high job proximity are generally associated with lower school proficiency. Employers are mostly located in the west and northwest of the city, along Interstate 37. 3. Corpus Christi is an area with heavy industry, including refineries and chemical plants. Stakeholders say that neighborhoods on the north and west side that are in close proximity to industry have issues with decreased property value and health concerns related to air and soil quality. 4. Stakeholders report that most good schools in Corpus Christi are concentrated in the south, while most jobs are concentrated in the west and northwest. HUD data show that residents of Mexican origin are concentrated in census tracts with lower school proficiency. 5. Stakeholders say that public officials have not made adequate efforts to educate communities on the benefits of affordable housing before launching a project. In addition, community engagement and communication relating to the Harbor Bridge project was considered inadequate by some stakeholders. 6. Comments received from stakeholders during interviews, focus groups, and survey responses, suggest that private discrimination based on protected class occurs in the City of Corpus Christi, which furthers segregation. 7. Stakeholders report that tenant-based vouchers are frequently turned down because landlords do not accept vouchers as a form of payment. This can limit housing choice for residents in areas of low opportunity. 8. The proposed Harbor Bridge project led to displacement of residents from the 122-unit D.N. Leathers I public housing project. While this loss was offset with housing choice vouchers, other factors have contributed to difficulty for residents to find replacement housing. 9. Stakeholders say that although public transportation is available in the city, large areas of City Council Districts 4 and 5 are not connected to public transit networks. Morningside Research and Consulting, Inc. 143 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Issues and Contributing Factors in the City of Corpus Christi Fair Housing Issues Contributing Factors (by priority level) Justification of Prioritization Disproportionate Housing Needs 1. Lack of public investments in specific neighborhoods, including services or amenities 2. Lack of private investments in specific neighborhoods 3. Displacement of residents due to economic pressures 4. Source of income discrimination 5. Loss of affordable housing 1. After three years without a planning department, Corpus Christi re-established the department in February 2017. Although the new department is working on area development plans, some stakeholders believe the city has historically had few planning efforts targeted to communities with disproportionate need. 2. According to stakeholders, estimates of affordability can be skewed by the large variation in incomes in Corpus Christi, particularly from high earners who work at oil refineries near the city. Stakeholders say that this can discourage affordable housing development by giving a misleading indication of housing costs. 3. Projects such as the proposed Harbor Bridge have contributed to the displacement of residents in Corpus Christi; although affected residents successfully filed a civil rights complaint about the proposed project, the effectiveness of relocation programs remains to be seen. 4. Individuals using vouchers are often turned down by private landlords who do not accept them, limiting the housing choice of Corpus Christi residents. 5. The demolition of 122 units in the Leathers I public housing complex led to the displacement of many residents. Publicly Supported Housing Location and Occupancy 1. Lack of public investments in specific neighborhoods, including services of amenities 2. Impediments to mobility 3. Lack of regional or local cooperation 4. Community opposition 1. In the north-central area of the city, which has the highest concentration of publicly supported units, residents have low access to proficient schools and other public services. 2. According to stakeholders, redeeming housing choice vouchers is difficult in Corpus Christi, often due to source of income discrimination from landlords. Although the Corpus Christi Housing Authority (CCHA) has implemented some mobility counseling, the planned conversion of more units to voucher units will only increase the need for active measures for improving housing mobility. 3. Stakeholders mention that local policymakers are interested in publicly supported housing, but they are often not informed about the most effective uses of city resources. More cooperation between local government, nonprofits, and the public housing agency could ensure that resources are distributed appropriately and that policies are aligned around common goals. 4. Stakeholders report community opposition to the development of new publicly supported housing units that limits the supply and location of these units in Corpus Christi. Disabilities and Access 1. Lack of affordable, accessible housing in a range of unit sizes 2. Location of accessible housing 3. Lack of assistance for housing accessibility modifications 4. State or local laws, policies, or practices that discourage individuals with disabilities from living in apartments, family homes, supportive housing, 1. Stakeholders believe that residents with disabilities are not sufficiently valued and note that the limited supply of affordable and accessible units is not sufficient to meet the needs of individuals with disabilities and the aging population. 2. Most accessible housing units in Corpus Christi are located in the northeast section of the city (City Council Districts 1 and 3). 3. Focus group and survey participants noted the difficulty in getting assistance to install modifications to their homes, with several respondents indicating that they need modifications but do not know how to request them. 4. Although Section 24-90 of the code of ordinances for the City of Corpus Christi provides details to protect participation of individuals with a disability in compliance with the Americans with Disabilities Act, stakeholders note that future development plans for Corpus Christi will likely have to be adjusted to accommodate more high density single- family residential and multi-family residential zoning. 5. Twenty-three percent of publicly supported housing units in Corpus Christi provide housing for residents with disabilities, compared with38 percent of publicly supported units in Texas and 42 percent nationally. Stakeholders also note that the low rate of turnover for accessible units in Corpus Christi can lead to long wait times. 6. Despite a growing number of senior residents with disabilities in Corpus Christi, stakeholders do not think the city has sufficient services to provide in-home or community-based support to these residents. Services offered include community living assistance from the Coastal Bend Center for Independent Living (CBCIL) and eight accessible senior centers offering congregate meals from Meals on Wheels. Morningside Research and Consulting, Inc. 144 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Issues and Contributing Factors in the City of Corpus Christi Fair Housing Issues Contributing Factors (by priority level) Justification of Prioritization shared housing and other integrated settings 5. Access to publicly supported housing for persons with disability 6. Lack of affordable in- home or community- based supported service Fair Housing Enforcement, Outreach Capacity, and Resources 1. Lack of local private fair housing outreach and enforcement 2. Lack of state or local fair housing laws 1. Although the Corpus Christi FHAP conducts considerable outreach on fair housing issues and topics, and perhaps because of this, only one private provider of fair housing outreach was identified in the community. 2. Unlike some other states, Texas does not offer legal protection against source of income discrimination due to Texas bill S.B. 267. Texas also does not provide statewide protection for housing discrimination based on sexual orientation, although the cities of Dallas, Austin, Fort Worth, and Plano have added this protection to local ordinances FAIR HOUSING GOALS a) For each fair housing issue with significant contributing factors identified in Question 1, set one or more goals. Explain how each goal is designed to overcome the identified contributing factor and related fair housing issue(s). For goals designed to overcome more than one fair housing issue, explain how the goal will overcome each issue and the related contributing factors. For each goal, identify metrics and milestones for determining what fair housing results will be achieved, and indicate the timeframe for achievement. The table below shows the fair housing goals for the City of Corpus Christi based on the fair housing issues and contributing factors that are discussed in this AFH. Metrics, milestones, and corresponding timeframes are identified for each goal. Morningside Research and Consulting, Inc. 145 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Goals for the City of Corpus Christi Fair Housing Goals Contributing Factors Fair Housing Issues Metrics, Milestones, and Timeframe for Achievement Responsible Program Participants 1. Expand development of affordable housing in high opportunity, environmentally healthy areas of Corpus Christi.  Location and type of affordable housing  Deteriorated or abandoned properties  Lack of private investments in specific neighborhoods  Loss of affordable housing  Community opposition  Lack of affordable, accessible housing in a range of unit sizes  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Disproportionate Housing Needs  Disabilities and Access  By the end of 2018, the city will meet with local non-profit service providers, regional housing developers, and other stakeholder, to develop a strategy for increasing the availability of affordable housing in Corpus Christi over the next 10 to 20 years.  By the end of 2019, the city will identify and prioritize incentives available to support affordable housing development in high opportunity areas.  By the end of 2019, the city will identify publicly-owned land in high opportunity, environmentally healthy areas that can be reserved for affordable housing, including land currently owned by CCHA.  By the end of 2019, the city will review the best use of Type A funds for housing and present recommendations to the City Council.  By the end of 2020, the city will identify reforms to land use and zoning regulations that will remove barriers to the development of affordable housing.  By the end of 2020, in preparation for a new AFH, the City of Corpus Christi will review patterns of segregation in the city and the policies and practices that have led to recent increases in segregation.  City of Corpus Christi Housing and Community Development Department  City of Corpus Christi Planning Department  Local nonprofits  Residential housing developers  CHDOs Discussion: According to stakeholders, affordable housing in Corpus Christi is insufficient and is mostly concentrated in the northern and western areas of the city. Stakeholders note that the city lacks Community Development Corporation (CDCs) and Community Housing Development Organizations (CHDOs) that could coordinate affordable housing development. Stakeholders also report that a general lack of knowledge about affordable housing can lead to a significant “Not in My Backyard” (NIMBY) attitude toward affordable housing in some neighborhoods. 2. Educate landlords on fair housing issues and laws.  Source of income discrimination  Private discrimination  Lack of access to opportunity due to high housing costs  Impediments to mobility  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Disproportionate Housing Needs  Publicly Supported Housing Location and Occupancy  By the end of 2018, begin a marketing and education campaign to landlords about fair housing issues and laws.  By 2019, the city will develop a process to assist local property owners in completing the Affirmative Fair Housing Marketing Plan (AFHMP).  The city will continue to assist with relocation efforts for residents affected by the proposed Harbor Bridge project.  City of Corpus Christi Housing and Community Development Department  Corpus Christi Human Relations Division  Corpus Christi Housing Authority  Local property management Morningside Research and Consulting, Inc. 146 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Goals for the City of Corpus Christi Fair Housing Goals Contributing Factors Fair Housing Issues Metrics, Milestones, and Timeframe for Achievement Responsible Program Participants companies and associations  Non-profit organizations Discussion: Stakeholders report that tenant-based vouchers are frequently turned down because landlords do not accept vouchers as a form of payment, limiting housing choice. Housing discrimination based on protected class was cited by a number of stakeholders during the public participation process. 3. Improve access to public services and amenities in low opportunity areas of Corpus Christi.  Lack of public investments in specific neighborhoods, including services or amenities  Lack of community revitalization strategies  Location of proficient schools and school assignment policies  Availability, type, frequency, and reliability of public transportation  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Disproportionate Housing Needs  Publicly Supported Housing Location and Occupancy  By the end of 2018, the city will identify and invite a representative from the public transportation provider to participate in on- going stakeholder meetings related to housing and economic development planning efforts.  By the end of 2019, the city will create a strategy to increase public transportation access for residents in City Council Districts 4 and 5.  By 2020, expand the area development planning initiative through the Corpus Christi Planning Department by completing existing plans and initiating additional planning processes in low opportunity areas.  By the end of 2021, the city will consider community revitalization strategies for at least three areas with low access to opportunity.  City of Corpus Christi Housing and Community Development Department  City of Corpus Christi Planning Department  Corpus Christi Regional Transportation Authority Discussion: Public services and amenities are not evenly distributed throughout Corpus Christi. As shown in HUD data, proficient schools are on the south side of the city, but employment opportunities are mostly near the west side and “refinery row” on the north side. Public transportation is also available in the northern and western parts of the city but not in large parts of City Council Districts 4 and 5. Housing discrimination based on protected class was cited by a number of stakeholders during the public participation process. 4. Increase the number of accessible housing units for people with disabilities.  Lack of affordable, accessible units in a range of unit sizes  Location of accessible housing  Access to publicly supported housing for persons with disability  Location and type of affordable housing  Disabilities and Access  Disparities in Access to Opportunity  By the end of 2019, complete an inventory of outstanding ADA deficiencies in city-owned facilities and develop a plan for bringing the properties into compliance.  By the end of 2019, increase the number of houses modified for people with disabilities through the CDBG housing rehabilitation program.  City of Corpus Christi Housing and Community Development Department  City of Corpus Christi Facilities Department Morningside Research and Consulting, Inc. 147 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Goals for the City of Corpus Christi Fair Housing Goals Contributing Factors Fair Housing Issues Metrics, Milestones, and Timeframe for Achievement Responsible Program Participants Discussion: The limited supply of affordable and accessible units is not sufficient to meet the needs of individuals with disabilities and the aging population. Respondents to the resident survey note difficulties with getting assistance to install modifications to their homes, with several respondents indicating that they need modifications but do not know how to request them. 5. Engage in a public awareness campaign to reduce community resistance to affordable housing in high opportunity areas.  Lack of regional cooperation  Lack of public investments in specific neighborhoods, including services or amenities  Private discrimination  Community opposition  Lack of state or local fair housing laws  Lack of local private fair housing outreach and enforcement  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Publicly Supported Housing Location and Occupancy  Fair Housing Enforcement, Outreach Capacity, and Resource  By the end of 2018, the city will hold at least one public forum in the Hillcrest/Washington- Coles area to obtain input from local residents.  By the end of 2019, the city will meet with the Resident Advisory Board (RAB) of the Corpus Christi Housing Authority to gain input on fair housing issues in the city.  By the end of 2019, the city will work with local nonprofits, housing developers, and other stakeholders to develop a plan for improving communication with city residents on issues related to fair housing.  By the end of 2020, the city will engage in multiple public forums in high opportunity areas to engage with residents on the topic of affordable housing.  City of Corpus Christi Housing and Community Development Department  Corpus Christi Housing Authority  Corpus Christi Housing Authority Resident Advisory Board  Local nonprofits Discussion: Stakeholders say that, although policymakers in Corpus Christi are interested in fair housing issues, they are sometimes uninformed about the most effective use of city resources. Stakeholders believe this is because of a lack of regional cooperation and because residents are not sufficiently involved in the decision-making process, as evidenced by the proposed Harbor Bridge project that did not seek input from Hillcrest and Washington-Coles residents. Housing discrimination based on protected class was cited by a number of stakeholders during the public participation process. Morningside Research and Consulting, Inc. 148 City of Corpus Christi 2017 Assessment of Fair Housing APPENDIX: PUBLIC COMMENTS RECEIVED The attached table includes a summary of the comments received during the public hearing on October 10, 2017, and the public comment period from October 18, 2017 to November 20, 2017. The table indicates which comments were accepted and which were rejected. Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?Housing changes as a result of Hurricane Harvey should be reviewed. Texas Rio Grande Legal Aid, Comments during October 10, 2017 public hearing.YesAdditional detail regarding the impact of Hurricane Harvey has been incorporated. An extension should be granted for submission of the AFH.Texas Rio Grande Legal Aid, Comments during October 10, 2017 public hearing.NoThe City of Corpus Christi is not requesting an extension from HUD.How the Corpus Christi Housing Authority RAD conversion plans impact the AFH. Texas Rio Grande Legal Aid, Comments during October 10, 2017 public hearing.NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the Corpus Christi Housing Authority (CCHA) AFH.AFH should discuss Corpus Christi Public Housing Authority mobility counseling for residents.Texas Rio Grande Legal Aid, Comments during October 10, 2017 public hearing.NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH.Will the City and the Corpus Christi Housing Authority work together on spending funds if CDBG‐DR funds are received?Texas Rio Grande Legal Aid, Comments during October 10, 2017 public hearing.YesAdditional detail regarding the impact of Hurricane Harvey  has been incorporated. Environmental concerns need to be adequately addressed. Texas Rio Grande Legal Aid, Comments during October 10, 2017 public hearing.NoSupplemental environmental data from the EPA has been used in the AFH. The suggested resources may be reviewed for inclusion in a subsequent AFH. This document is very close to excellent.  The consulting firm provided a very comprehensive look at the state of Fair Housing and affordable housing in the City of Corpus Christi. Issues discussed by stakeholders and in focus groups were  accurately reflected. The recommendations are realistic and very much in line with what many in our City have been saying is needed. Coastal Bend Center for Independent Living, email to the Director of the Corpus Christi Housing and Community Development Department, dated November 20, 2017.Yes No changes to the report  are needed. Housing goals should be more specificTexas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes Goals have been revised to be more specific.AFH questions are not answered.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoAll AFH questions have been answered. More local data and analysis needed.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoLocal data available during the period in which the AFH was conducted is incorporated into the report as noted throughout the AFH. References to Mustang Island need clarification.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesReferences to Mustang Island have been clarified throughout the AFH.Need more data and analysis on the impact of Hurricane Harvey. Extension of submission should be requested.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesAdditional detail regarding the impact of Hurricane Harvey has been incorporated.Summary of Outreach Activities, pg. 9.  Request extension to expand outreach as a result of Hurricane Harvey and get input on local impact of the hurricane.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThe impacts of Hurricane Harvey on the affordable housing market and the housing needs of residents may be explored in the Consolidate Plan that is due to HUD in August 2018. Page 1 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?Summary of Outreach Activities, pg. 9.  Issue more press releases about public input, including to Spanish‐language media. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesAdditional detail about outreach activities has been included in the report.Summary of Outreach Activities, pg. 9.  Overall participation was low. More outreach needed.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoSufficient effort was made during the course of the AFH to encourage participation and solicit input from the public. Survey responses were high relative to the population. Resident and stakeholder focus groups were well attended.  The City made a significant effort in line with efforts in other similarly sized jurisdictions despite the budget and time constraints for completing the AFH.Summary of Comments Received., pg. 12 and 58. Corrections recommended regarding details of Harbor Bridge mitigation agreement. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes Corrections have been made as indicated.Community participation limitations, pg. 25. Demographic information on focus groups is not included.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoNames and demographic information is not requested from focus group participants to ensure anonymity. The general characteristics of each focus group is described in considerable detail in the community participation section of the AFH.Community participation limitations, pg. 25. No specific information about how outreach could be improved.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesPage 25 does include information about how outreach could be improved. This has been expanded.Assessment of past goals and actions, pg. 29. More detail requested regarding the demolition of two apartment complexes. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThis comment refers to actions taken by the Corpus Christi Housing Authority and may be included in their AFH.School‐related policies, pg. 67‐68. Need local data in this section.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesA note has been added to the report to indicate that local school district transfer policies mirror the state policy.Environmental health index, pg. 62. More EPA data is needed and more data on highways.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoSupplemental environmental data from the EPA has been used in the AFH. The suggested resources can be reviewed for inclusion in a subsequent AFH. Environmentally healthy neighborhood opportunities, pg. 81. Future city action should be included.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes Goals and strategies have been modified.Hurricane Harvey, pg. 96. More information on the impact of the hurricane is needed.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesAdditional detail regarding the impact of Hurricane Harvey has been incorporated.Page 2 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?Hurricane Harvey, pg. 96. No data on the current demand for low‐income housing is included.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoDemand for affordable housing is covered extensively in the City of Corpus Christi Consolidated Plan, which will be updated in August of 2018; this update may include additional information on the impact of Hurricane Harvey on affordable housing.Disparities in Access to Opportunity, pg. 109. More details on RAD needed.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH.Disparities in Access to Opportunity, pg. 109. RAD conversion process needs clarification..Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH.Impediments to Mobility ‐ Source of Income Discrimination, p. 111. Need more information on how these effects will be lessened. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes The goals have been revised to address this comment.Housing Accessibility, pg. 114. Need more information on geographic location of affordable units.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes This information has been added to the report.Housing Accessibility, pg. 114. More information needed on reasonable accommodation.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThis is the responsibility of the CCHA and may be addressed in the CCHA AFH.Housing Accessibility, pg. 114. More information needed on number of people with disabilities who have applied for public housing and been denied due to a lack of units. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH.Transportation, pg. 120. More information is needed on travel time on bus routes. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoCalculating the information suggested would take an excessive amount of time and would unlikely change the conclusion reached that more frequent buses and more bus routes are needed.Transportation, pg. 120. More information is needed on paratransit service and the three‐day rule for scheduling a trip.YesA note has been added to the report to indicate that there are no expectations granted to the three‐day rule.Transportation, pg. 120. More information is needed on how bus routes impact mobility.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes Additional information added to this section of the report.City of Corpus Christi Human Relations Division, pg. 129. More information requested, numbers seem low. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesAdditional information and clarification has been added to the report.Page 3 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?Corpus Christi Housing Authority, pg. 129. No information included on CCHA policies on victims of domestic violence. No information on CCHA notification policies, LEP policies, mobility counseling. Need information on policies to address NIMBY discrimination issues.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH.Fair Housing Enforcement, Outreach Capacity, and Resources Contributing Factors, pg. 131. More info requested on fair housing outreach contributing factors. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesThree additional contributing factors have been added to the report related to private discrimination, private fair housing outreach, and domestic violence.Fair Housing Enforcement, Outreach Capacity, and Resources Contributing Factors, pg. 131. The AFH should include a discussion of more factors and explain how the factors impact fair housing issues.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesThree additional contributing factors have been added to the report related to private discrimination, private fair housing outreach, and domestic violence.Fair Housing Goals, pg. 136. Goals 1 to 5 are too general.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes Goals have been modified to be more specific.I.1. AFH does not  identify media outlets used beyond city websites and social media accounts or describe any efforts made to reach the public beyond providing information to community stakeholders. Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes Additions have been made to more fully explain the public outreach process.I.2. No discussion of how input was solicited from people with disabilities or how the meetings and survey were made accessible.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes Additions have been made to more fully explain the public outreach process.I.3 No detailed description of how outreach was designed to reach the LEP population. No indication that interpreters were provided at meetings and hearings, or that hearings or meetings were held in any language other than English.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesAdditions have been made to more fully explain the public outreach process.I.4 No clear notice regarding how to access the data or the AFH DRAFT in a language other than English or in an accessible format.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesMaking the AFH available in a language other than English is not required by HUD. Cost is a prohibiting consideration. The survey and other materials and communication were made available in Spanish. The report has been revised to more fully suggest how community outreach can be improved in the future.I.5 Outreach and participation process was not designed to or did not succeed in eliciting meaningful participation from populations that are typically underrepresented in the planning process.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThis AFH solicited and incorporated extensive input from typically underrepresented populations and that input, from the community survey, the focus groups, and many reports and data sources available at the local level, is incorporated throughout the report. Page 4 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?I. 6. No analysis of survey responses by protected class, which elides differences in experience between populations, and does not identify which populations need specific types of fair housing outreach and education.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoA survey is not required to be conducted for an AFH but was conducted by the City to increase opportunities for community involvement. In the survey conducted by the City, questions were asked to identify several protected classes, including race/ethnicity, family size, disability, and sex. In addition, when asked if the respondent had experienced discrimination, the survey further asked the respondent to select the protected class that indicated the reason they believed they were discriminated against. The survey analysis in the AFH discusses the information that could be gleaned from the survey. I. 7. While the Draft AFH includes a summary of public comments received, it does not include a summary of any comments or views not accepted and the reasons why.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes This has been added.I. 8. The Draft AFH states that “[e]vacuation preparations for Hurricane Harvey began at the close of the survey period and no further attempts were made to solicit additional input.” According to the City’s Draft, the outreach process was incomplete.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesThe report has been corrected to clarify that the public participation component of this AFH was fully complete prior to Hurricane Harvey.II. The AFH fails to include data, analysis, or public participation related to the impact of Hurricane Harvey.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesAdditional detail regarding the impact of Hurricane Harvey has been incorporated.III. The Assessment of Past Goals, Actions, and Strategies is InadequateTexas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesIncluding goals from the previous Consolidated Plan is not a HUD requirement and those previous affordable housing goals have been removed.IV. The AFH fails generally to use local data and local knowledge.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThis AFH solicited and incorporated extensive input from typically underrepresented populations and that input, from the community survey, the focus groups, and many reports and data sources available at the local level is incorporated throughout the report. IV. The Fair Housing Analysis fails to focus on private discrimination based on protected class status.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesAdditional detail and a contributing factor have been included in the report.IV. The Fair Housing Analysis does not analyze whether source of income discrimination is also operating as a proxy for discrimination against protected classes,Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesAdditional information has been added to indicate the disparate impact on protected classes.IV. The AFH fails to identify land use, zoning, and other policies and processes that have contributed to and reinforce segregation and disparities in access to opportunity. The AFH does not include an analysis of the land use and zoning policies and decisions that have resulted in the location of heavy industry in communities of color, depressing home values and subjecting residents to environmental hazards.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoHUD provides limited direction on the extent of the land use and zoning analysis. The AFH includes information on land use and zoning related to high‐density infill, group homes for individuals with disabilities, and future land use. The AFH also describes in detail the environmental issues faced by residents of the City. The next AFH may consider the extent to which the historical policies and processes have contributed to environmental hazards for residents. Page 5 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?IV. 1 . Integration and Segregation: Segregation had been decreasing since 1990, but the 2010 data indicates that segregation is increasing. There is no analysis of the reason for this trend, which appears to be regional as well.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes Goals and strategies have been modified to address this.IV. 2. The City has included some historical context for present patterns of segregation. While the included historical information is not sufficient, we commend the City for including it. Historical context has been notably and completely absent from other Texas AFHs we have reviewed.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes No revision necessary.3. Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs): This analysis should include more historical context about past decisions that have led to the current conditions in R/ECAPs, and more analysis of the process by which these decisions are made.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoWhile this would be a useful analysis for the City of Corpus Christi to conduct, further analysis is beyond the scope of the AFH.4. The draft repeatedly mentions “stakeholders” but does not generally specify within the responses to specific questions who those stakeholders are. Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoIt is clear in the AFH that the stakeholders refer to participants in the public participation process. Identifying stakeholders by name, affiliation, or other characteristics could potentially identify people. Participants were told during the community participation process that they would not be identified individually in the report to allow them to speak freely.IV. 5. a. The analysis does not include local data or an analysis of how local school assignment and other policies impact local neighborhoods and protected classes.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017No Collecting this data is beyond the scope of the AFH. IV. 5. b. The AFH is clear that there is a connection between the location of jobs, the location of proficient schools, and access to public transportation. This connection is not addressed in the access to proficient schools analysis.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesRevisions made to the report to provide the information that is available.IV. 6. The AFH includes information about the prevalence of domestic violence in Corpus Christi. However, there is no analysis of “[d]isplacement of and/or lack of housing support for victims of domestic violence, dating violence, sexual assault, and stalking” as a contributing factor and discrimination based on sex is not addressed in general. There should be more analysis of this contributing factor, for example, a discussion of how the Public Housing Authority (PHA) is implementing protections put in place by the Violence Against Women Act (VAWA) in the publicly supported housing section.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesThree additional contributing factors have been added to the report related to private discrimination, private fair housing outreach, and domestic violence.IV. 7. a. The AFH states that there is no HUD‐provided data showing the demographic composition of LIHTC developments. Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesThe AFH has been revised to include demographic information for LIHTC developments.IV. 7. b. The City’s failure to conduct a basic spatial analysis of the socioeconomic conditions of census tracts containing publicly supported housing and voucher holders downplays a pattern of segregation.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThe CCHA is not a party to this AFH. This further information may be addressed in the CCHA AFH.Page 6 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?IV. 8. Improving the quality of housing stock does not address the fair housing issue, the location of affordable housing and disparate access to opportunity.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThe City agrees that improving the quality of housing stock does not address fair housing issues. However, In this section of the AFH, the City is given the opportunity to provide "other information relevant to its assessment of publicly supported housing." The information on improving the quality of public housing stock and assisting residents with choosing new housing is relevant to understanding efforts to reduce the housing problems discussed later in the report.IV. 9. There is no information from residents or stakeholders about how the RAD process is proceeding and any potential fair housing issues.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH. IV. 10. There is no information about whether the mobility counseling CCHA provides is adequate or successful.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH.IV. 11. There is no analysis of policies and processes by which the City supports or opposes LIHTC applications under the State’s Qualified Allocation Plan (QAP). This is a critical contributing factor to the location of publicly supported housing.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes Additional information has been added to the report.IV. 12. There is no discussion of whether public or private housing providers are providing reasonable accommodations for persons with disabilities. Nor does it describe or analyze the City or CCHA’s policies regarding reasonable accommodations, or how the City or CCHA notify residents that they can request reasonable accommodations.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThe extent to which the City provides reasonable accommodation is included in the AFH for City facilities and services. A discussion of issues faced by survey respondents and participants in interviews and focus groups is included in the report, suggesting that public and private housing providers are not providing sufficient reasonable accommodation. A reference is made to the CCHA ACOP; further information about the CCHA may be included in their AFH. IV. 13. The AFH does not include information about the location of affordable accessible units and whether they are located in segregated areas or recaps. Nor does it describe the City or CCHA’s policies regarding reasonable accommodations.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesThis analysis has been included in the AFH. The CCHA policies regarding reasonable accommodations may be addressed in their AFH.IV. 14. The fact that the City’s Comprehensive Plan includes as a goal, “[n]ew or renovated buildings, facilities, and open spaces that are required to comply with ADA (Americans with Disabilities Act) standards do comply,” is troubling. The AFH should include an analysis of which public facilities are not in compliance with the ADA and of the City’s process, including the inspection process, for ensuring that buildings, facilities, and open spaces are in compliance with the ADA.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes A goal has been added for the City to conduct this analysis.IV. 15. There is no analysis of complaint data from the Corpus Christi Human Rights Division, the Texas Workforce Commission, or HUD.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes Complaint data from TWC and HUD have been added. IV. 16. The PHA section should include an evaluation of protection from discrimination based on sexual orientation, gender identity, or marital status under HUD’s Equal Access Rule.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH. Page 7 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?17. The AFH asserts that “[n]o unresolved items relating to fair housing, nondiscrimination, or civil rights are pending for the City of Corpus Christi.”42 As mentioned in other sections of the AFH, the City is party to a Four Party Agreement resolving a civil rights complaint to the Department of Transportation regarding the proposed Harbor Bridge Project. The AFH should include analysis of the implementation of this Agreement.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesThis issue is discussed elsewhere in the report and the report has been revised to add this information in this section as well. It is beyond the scope of the AFH to analyze the implementation of the agreement.V. The Identification of Fair Housing Priorities, Goals, Strategies, and Actions is Inadequate. Multiple areas identified where metrics and milestones need to be more specific and concrete. Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes Goals and strategies have been modified.Page 8 of 8 GLO Contract No. 20-066-017-C123 Page 1 of 23 GLO CONTRACT NO. 20-066-017-C123 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM LOCAL BUYOUT/ACQUISITION PROJECTS HARVEY ROUND 1 FUNDING The GENERAL LAND OFFICE (“the GLO”), a Texas state agency, and CITY OF CORPUS CHRISTI, Texas Identification Number (TIN) No. 17460005741 (“Subrecipient”), each a “Party” and collectively “the Parties,” enter into this Subrecipient agreement (the “Contract”) under the U.S. Department of Housing and Urban Development’s Community Development Block Grant Disaster Recovery (“CDBG-DR”) program to provide financial assistance with funds appropriated under the Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (Public Law 115-56), enacted on September 8, 2017, to facilitate disaster recovery, restoration, and economic revitalization and to affirmatively further fair housing, in accordance with Executive Order 12892, in areas affected by the Texas Hurricane Harvey (DR-4332), which are Presidentially-declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121, et seq.). Through CDBG-DR Federal Award Number B-17-DM-48-0001, awarded February 9, 2018, as amended August 14, 2018, and as may be further amended from time to time, the GLO administers grant funds as Community Development Block Grants (Catalog of Federal Domestic Assistance Number 14.228, “Community Development Block Grants/State's program and Non- Entitlement Grants in Hawaii”), as approved by the Texas Land Commissioner, and limited to use for facilitating recovery efforts in Presidentially-declared major disaster areas. ARTICLE I - GENERAL PROVISIONS 1.01 SCOPE OF PROJECT AND SUBAWARD (a) Scope of Project The purpose of this Contract is to set forth the terms and conditions of Subrecipient’s participation in the CDBG-DR program. In strict conformance with the terms and conditions of this Contract, Subrecipient shall perform, or cause to be performed, the local Buyout and/or Acquisition Activities defined in Attachment A (the “Project”). Subrecipient shall conduct the Project in strict accordance with this Contract, including all Contract Documents listed in SECTION 1.02, below, and any Amendments, Revisions, or Technical Guidance Letters issued by the GLO. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 2 of 23 (b) Subaward Subrecipient submitted a Grant Application under the Program. The GLO enters into this Contract based on Subrecipient’s approved Grant Application. Subject to the terms and conditions of this Contract and Subrecipient’s approved Grant Application, the GLO shall issue a subaward to Subrecipient in an amount not to exceed $1,319,559.00, payable as reimbursement of Subrecipient’s allowable expenses, to be used in strict conformance with the terms of this Contract, and the Performance Statement, Budget, and Benchmarks in Attachment A. The GLO is not liable to Subrecipient for any costs Subrecipient incurs before the effective date of this Contract or after the expiration or termination of this Contract. The GLO, in its sole discretion, may reimburse Subrecipient for allowable program costs incurred before the effective date of this Contract, in accordance with federal law. All other funds obtained by Subrecipient, regardless of the source, that are utilized on Subrecipient’s CDBG-DR Activities are subject to compliance with all Federal and State regulations governing this Contract. 1.02 CONTRACT DOCUMENTS This Contract and the following Attachments, attached hereto and incorporated herein in their entirety for all purposes, shall govern this Contract: ATTACHMENT A: Performance Statement, Budget, and Benchmarks ATTACHMENT B: Federal Assurances and Certifications ATTACHMENT C: General Affirmations ATTACHMENT D: Nonexclusive List of Applicable Laws, Rules, and Regulations ATTACHMENT E: Special Conditions ATTACHMENT F: Monthly Activity Status Report ATTACHMENT G: GLO Information Security Appendix for Subrecipients ATTACHMENT H: Public Law 113-2 Contract Reporting Template 1.03 GUIDANCE DOCUMENTS Subrecipient is deemed to have read and understood, and shall abide by, all Guidance Documents applicable to the CDBG-DR program, including, without limitation: (a) 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; (b) the relevant Federal Register publications; (c) the Action Plan; and (d) the applicable Method of Distribution; and DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 3 of 23 (e) Other Guidance Documents posted at: http://recovery.texas.gov/action-plans/ hurricane-harvey/index.html. All Guidance Documents are incorporated herein in their entirety for all purposes. 1.04 DEFINITIONS “Acquisition” means the purchase by Subrecipient of residential real property in a floodplain or Disaster Risk Reduction Area for any public purpose, as further defined in 42 U.S.C. §5305(a)(1). Subrecipient may acquire property through voluntary relinquishment by the property owner upon purchase or through its eminent domain authority. “Act” means Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. § 5301, et seq.). “Action Plan” means the State of Texas Plan for Disaster Recovery: Hurricane Harvey – Round 1, as amended, found at http://recovery.texas.gov/hud-requirements-reports/ hurricane-harvey/index.html. “Activity” means a defined class of works or services eligible to be accomplished using CDBG-DR funds. Activities are specified in Subrecipient Performance Statement and Budget in Attachment A. “Administrative and Audit Regulations” means all applicable statutes, regulations, and other laws governing administration or audit of this Contract, including Title 2, Part 200, Code of Federal Regulations and Chapters 321 and 2155 of the Texas Government Code. “Amendment” means a written agreement, signed by the Parties hereto, that documents alterations to the Contract other than those permitted by Technical Guidance Letters or Revisions, as herein defined. “Application” or “Grant Application” means the information Subrecipient provided, that is the basis for the award of funding under this Contract. “Attachment” means documents, terms, conditions, or additional information physically added to this Contract following the execution page or included by reference, as if physically attached. “Benchmark” means the milestones identified in Attachment A that define Deliverables required for release of funding throughout the life of the Contract. “Budget” means the budget for the Activities funded by the Contract, a copy of which is included in Attachment A. “Buyout” means an Acquisition by Subrecipient of residential property in a floodplain or Disaster Risk Reduction Area with the intent to reduce risk of real and personal property damage from future flooding events. Real property purchased under a local Buyout program is subject to post-acquisition land use restrictions, which require any structures on the property to be demolished or relocated and the land reverted to a natural floodplain, converted into a retention area, or retained as green space for recreational purposes. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 4 of 23 “CDBG-DR” means the U.S. Department of Housing and Urban Development’s Community Development Block Grant Disaster Recovery program. “C.F.R.” means the United States Code of Federal Regulations. “Contract” means this entire document, along with any Attachments, both physical and incorporated by reference; and any Amendments, Revisions, or Technical Guidance Letters the GLO may issue, to be incorporated by reference herein for all purposes as they are issued. “Contract Documents” means the documents listed in SECTION 1.02. “Contract Period” means the period of time between the effective date of the Contract and its expiration or termination date. “Deliverable(s)” means the work product(s) required to be submitted to the GLO as set forth in the Performance Statement and Benchmarks, which are included in Attachment A. “Disaster Risk Reduction Area” means a clearly delineated area established by Subrecipient in which residential properties suffered damage from Hurricane Harvey and the safety and well-being of area residents are at risk from future flooding events. “Down-payment Assistance” means financial assistance provided under the Project to low- to moderate-income households to assist the households in purchasing residential properties in location outside of floodplains or Disaster Risk Reduction Areas. “Equipment” means tangible personal property with a useful life of more than one (1) year and an acquisition cost of Five Thousand Dollars ($5,000.00) or more per unit, as further defined at 2 C.F.R. § 200.313. “Event of Default” means the occurrence of any of the events set forth in SECTION 3.03, herein. “Federal Assurances” means Standard Form 424B (for non-construction projects) or Standard Form 424D (for construction projects), as applicable, in Attachment B, attached hereto and incorporated herein for all purposes. “Federal Certifications” means the document titled “Certification Regarding Lobbying – Compliant with Appendix A to 24 C.F.R. Part 87” and Standard Form LLL, “Disclosure of Lobbying Activities,” also in Attachment B, attached hereto and incorporated herein for all purposes. “Federal Register” means the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices including U.S. Department of Housing and Urban Development Federal Register Docket Nos. FR-6066-N-01 and FR-6109-N-01 and any other publication affecting Hurricane Harvey – Round 1 CDBG-DR funding allocations. “Fiscal Year” means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. “GAAP” means “generally accepted accounting principles.” DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 5 of 23 “GASB” means accounting principles as defined by the Governmental Accounting Standards Board. “General Affirmations” means the affirmations in Attachment C, which Subrecipient certifies by signing this Contract. “GLO” means the Texas General Land Office and its officers, employees, and designees. “GLO Implementation Manual” means the manual created by the GLO for Subrecipients of CDBG-DR grant allocations to provide guidance and training on the policies and procedures required to effectively implement CDBG-DR programs and timely spend grant funds. “Grant Completion Report” means a report containing an as-built accounting of all projects completed under a CDBG-DR program, and all information required for final acceptance of Deliverables and Contract closeout. “Guidance Documents” means the documents referenced in Section 1.03. “Housing Unit” means one single-family dwelling or one unit in a multi-family residential complex. “HUD” means the United States Department of Housing and Urban Development. “Intellectual Property” means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and worldwide registration of such, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, other intangible proprietary information, and all federal, state, or international registrations or applications for any of the foregoing. “MOD” means Method of Distribution, referring to a document developed for a specific region that outlines the distribution of CDBG-DR long-term disaster recovery funding to counties, cities, and local government entities in the region. “Monthly Activity Status Report” means Project Benchmark status reports required under SECTION 4.02 and included as Attachment F of this Contract. “Performance Statement” means the statement of work for the Project in Attachment A, which includes specific Benchmarks and Activities, provides specific Project details and location(s), and lists Project beneficiaries. “Program” means the Community Development Block Grant Disaster Recovery program, administered by HUD and the GLO. “Project” means the work to be performed under this Contract, as described in SECTION 1.01(a), above, and Attachment A. “Project Guidelines” means a set of guidelines adopted by Subrecipient and approved by the GLO governing the implementation of the Subrecipient’s local Buyout and/or Acquisition projects under this Contract. “Project Manager” means the authorized representative of the GLO responsible for the day- to-day management of a Project and the direction of staff and independent contractors in the performance of work relating thereto. “Public Information Act” or “PIA” means Chapter 552 of the Texas Government Code. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 6 of 23 “Relocation Assistance” means monetary or other assistance provided under the Project to assist in the relocation of homeowners out of a floodplain or Disaster Risk Reduction Area. “Revision” means the GLO’s written approval of changes to Deliverable due dates, movement of funds among budget categories, and other Contract adjustments the GLO may approve without a formal Amendment. “Subrecipient” means CITY OF CORPUS CHRISTI, a recipient of federal CDBG-DR funds through the GLO as the pass-through funding agency. Subrecipient may also be referred to as “Provider” herein. “Technical Guidance Letter” or “TGL” means an instruction, clarification, or interpretation of the terms or requirements of this Contract, issued by the GLO and provided to Subrecipient that is applicable to specific subject matters pertaining to this Contract and to which the addressed Program participants shall be subject. “U.S.C.” means the United States Code. 1.05 INTERPRETIVE PROVISIONS (a) The meaning of a defined term applies to its singular and plural forms. (b) The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. (c) The term “including” means “including, without limitation.” (d) Unless otherwise expressly provided, a reference to a contract includes subsequent amendments and other modifications thereto executed according to the contract’s terms and a reference to a statute, regulation, ordinance, or other law includes subsequent amendments, renumbering, recodification, and other modifications thereto by the enacting authority. (e) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract. (f) The limitations, regulations, and policies contained herein are cumulative and each must be performed in accordance with its terms without regard to other limitations, regulations, and policies affecting the same matter. (g) Unless otherwise expressly provided, reference to any GLO action by way of consent, approval, or waiver is deemed modified by the phrase “in its/their sole discretion.” Notwithstanding the preceding, the GLO shall not unreasonably withhold or delay any such approval, consent, or waiver. (h) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day. (i) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received. (j) Time is of the essence in this Contract. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 7 of 23 (k) In the event of conflicts or inconsistencies between this Contract, its Attachments, federal and state requirements, and any documents incorporated herein by reference, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: all applicable laws, rules, and regulations, including, but not limited to, those included in Attachment D; the Contract; Attachment A; Attachment E; Attachment B; Attachment C; Attachment F; Attachment G; Attachment H; applicable Guidance Documents, and the GLO Implementation Manual. Conflicts or inconsistencies between GLO Implementation Manual and this Contract, any laws, rules or regulations, or any of the Guidance Documents should be reported to the GLO for clarification of the GLO Implementation Manual. ARTICLE II – REIMBURSEMENT, ADVANCE PAYMENT, BUDGET VARIANCE, AND INCOME 2.01 REIMBURSEMENT REQUESTS Each invoice submitted by Subrecipient shall be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment must be submitted via email to DR.Billing@glo.texas.gov, or through the GLO’s system of record, if specified by Technical Guidance Letter under this Contract. Subrecipient must submit, and the GLO must approve, all invoices for incurred expenses related to a specific Benchmark, including invoices for expenses incurred by any subcontractor, before Subrecipient will be reimbursed for expenses related to succeeding Benchmarks, as outlined in Attachment A. 2.02 TIMELY EXPENDITURES In accordance with the Federal Register and to ensure timely expenditure of grant funds, Subrecipient shall submit reimbursement requests under this Contract, at a minimum, quarterly. THE GLO MUST RECEIVE A REIMBURSEMENT REQUEST FOR AN INCURRED EXPENSE NOT LATER THAN ONE HUNDRED TWENTY (120) DAYS FROM THE DATE SUBRECIPIENT OR ANY OF ITS SUBCONTRACTORS INCURS THE EXPENSE. THE GLO MAY, IN ITS SOLE DISCRETION, DENY REIMBURSEMENT REQUESTS THAT DO NOT MEET THIS REQUIREMENT. Subrecipient shall make timely payments to its subcontractors in accordance with Chapter 2251 of the Texas Government Code. Subrecipient shall submit final reimbursement requests to the GLO no later than sixty (60) days after this Contract expires or is terminated. The GLO, in its sole discretion, may deny payment and de-obligate remaining funds from the contract sixty (60) days after expiration or termination of the Contract. The GLO’s ability to de-obligate funds under this Section 2.02 notwithstanding, the GLO shall pay all eligible reimbursement requests. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 8 of 23 2.03 VARIANCE Amendments to decrease or increase the subaward amount or to add or delete an Activity may be made only by written agreement of the Parties, under the formal Amendment process described in Section 8.15, below. Upon completion of the Project, the GLO shall formally close out the Project by issuing a close-out letter to Subrecipient. The GLO may, in its sole discretion and in conformance with federal law, approve other adjustments required during Project performance through a Revision or Technical Guidance Letter. Such approvals must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. SUBRECIPIENT SHALL SUBMIT A FINAL BUDGET AND ACTUAL EXPENDITURES AS PART OF THE GRANT COMPLETION REPORT TO THE GLO NO LATER THAN SIXTY (60) DAYS AFTER THE CONTRACT TERMINATES OR EXPIRES OR AT THE CONCLUSION OF ALL CONTRACT ACTIVITIES, WHICHEVER OCCURS FIRST. THE GRANT COMPLETION REPORT SHALL BE IN A FORMAT PRESCRIBED BY THE GLO AND SHALL CONFIRM COMPLETION OF ALL ACTIVITIES PERFORMED UNDER THIS CONTRACT. 2.04 PROGRAM INCOME In accordance with 2 C.F.R. § 200.307, Subrecipient shall maintain records of the receipt and accrual of all Program Income, as Program Income is defined at 2 C.F.R. § 200.80. Subrecipient shall report Program Income to the GLO in accordance with ARTICLE IV of this Contract. Subrecipient shall return all Program Income to the GLO at least quarterly. 2.05 SUBAWARD OFFER SUBJECT TO CANCELLATION IF SUBRECIPIENT DOES NOT RETURN THE ORIGINAL SIGNED CONTRACT TO THE GLO WITHIN SIXTY (60) DAYS OF TRANSMITTAL OF THE CONTRACT TO SUBRECIPIENT, SUBAWARD FUNDING FOR THE PROJECT MAY BE SUBJECT TO CANCELLATION, IN THE SOLE DISCRETION OF THE GLO. ARTICLE III - DURATION, EXTENSION, AND TERMINATION OF CONTRACT 3.01 DURATION OF CONTRACT AND EXTENSION OF TERM This Contract shall become effective on the date signed by the last Party, and shall terminate on December 31, 2021 (“Contract Period”), or upon the completion of all Benchmarks listed in Attachment A, and required closeout procedures, whichever occurs first. Subrecipient must meet all Project Benchmarks in Attachment A. Subrecipient’s failure to meet any Benchmark may result in suspension of payment or termination under Sections 3.02, 3.03, or 3.04, below. Upon receipt of a written request and acceptable justification from Subrecipient, the GLO may amend this Contract to extend the Contract Period. Any request for extension must be received by the GLO at least sixty (60) days before the original termination date of this contract and, if approved, such extension shall be by written amendment. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 9 of 23 3.02 EARLY TERMINATION The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days after the date of the notice. Upon receipt of such notice, Subrecipient shall cease work, terminate any subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 3.03 EVENTS OF DEFAULT Each of the following events shall constitute an Event of Default under this Contract: (a) Subrecipient fails to comply with any term, covenant, or provision contained in this Contract; (b) Subrecipient makes a general assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors; or (c) Subrecipient makes a materially incorrect representation or warranty in a Performance Statement, a reimbursement request for payment, or any report submitted to the GLO under the Contract. Prior to a determination of an Event of Default, the GLO shall allow a thirty (30) day period to cure any deficiency or potential cause of an Event of Default. The GLO may extend the time allowed to cure any deficiency or potential cause of an Event of Default. The GLO shall not arbitrarily withhold approval of an extension of the time allowed to cure a deficiency or potential cause of an Event of Default. In no event shall the amount of time allowed to cure a deficiency or potential cause of an Event of Default extend beyond the Contract Period. 3.04 REMEDIES; NO WAIVER Upon the occurrence of any Event of Default, the GLO may avail itself of any equitable or legal remedy available to it, including without limitation, withholding payment, disallowing all or part of noncompliant Activities, or suspending or terminating the Contract. The Parties’ rights or remedies under this Contract are not intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Contract, or hereafter legally existing, upon the occurrence of an Event of Default. The GLO’s failure to insist upon the strict observance or performance of any of the provisions of this Contract, or to exercise any right or remedy provided in this Contract, shall not impair, waive, or relinquish any such right or remedy with respect to another Event of Default. ARTICLE IV - CONTRACT ADMINISTRATION 4.01 SUBMISSIONS – GENERALLY Except for legal notices that must be sent by specific instructions pursuant to SECTION 8.10 of the Contract and all other reports and documentation the GLO requires, any report, form, document, or request required to be submitted to the GLO under this Contract shall be sent in the format prescribed by the GLO. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 10 of 23 If Subrecipient fails to submit to the GLO in a timely and satisfactory manner any report required by this Contract, the GLO, in its sole discretion, may withhold any payments, pending Subrecipient’s correction of the deficiency. (a) Project Guidelines No later than the close of business sixty (60) days subsequent to the effective date of this Contract, Subrecipient must submit Project Guidelines to the GLO. (b) Forms In conformance with required state and federal laws applicable to the Contract: (i) Subrecipient certifies, by the execution of this Contract, all statements in Attachment C, General Affirmations; (ii) Subrecipient must execute Standard Form 424D, Federal Assurances for Construction Programs, found at Page 1 of Attachment B; (iii) Subrecipient must execute the “Certification Regarding Lobbying Compliant with Appendix A to 24 C.F.R. Part 87,” found at Page 3 of Attachment B; and (iv) If any funds granted under this Contract have been used for lobbying purposes, Subrecipient must complete and execute Standard Form LLL, “Disclosure of Lobbying Activities,” found at Page 4 of Attachment B. 4.02 MONTHLY ACTIVITY STATUS REPORTS Subrecipient must provide monthly Activity status reporting, in the format prescribed in Attachment F (Monthly Activity Status Report), for each individual Activity identified in Attachment A. The Monthly Activity Status Report is due on the first day of each month for the duration of the Contract. Any licenses or permits required for the work identified in Attachment A shall be included as a part of the Monthly Activity Status Report for the period during which they are obtained, pursuant to Section 8.01, herein. Subrecipient shall email Monthly Activity Status Reports to: DR.Status.Reporting@recovery.texas.gov. 4.03 HUD CONTRACT REPORTING REQUIREMENT HUD requires the GLO to maintain a public website that accounts for the use and administration of all GLO-administered CDBG-DR grant funds. To assist the GLO in meeting this requirement, Subrecipient must prepare and submit monthly to the GLO a written summary of all contracts procured by Subrecipient using grant funds awarded under this Contract. Reports shall be submitted to cdrsubsreporting@recovery.texas.gov, unless otherwise specified in a Technical Guidance Letter issued under this Contract. Subrecipient shall only report contracts as defined in 2 CFR § 200.22. Subrecipient must use a template developed by HUD to prepare the monthly reports, attached hereto as Attachment H and accessible online at https://www.hudexchange.info/resource/ 3898/public-law-113-2-contract-reporting-template/. Additional information about this reporting requirement is available in Federal Register publications governing the Hurricane Harvey CDBG-DR funding allocation. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 11 of 23 ARTICLE V - FEDERAL AND STATE FUNDING, RECAPTURE OF FUNDS, AND OVERPAYMENT 5.01 FEDERAL FUNDING (a) Funding for this Contract is appropriated under the Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (Public Law 115-56), enacted on September 8, 2017, to facilitate disaster recovery, restoration, economic revitalization, and to affirmatively further fair housing in accordance with Executive Order 12892, in areas affected by the Texas Hurricane Harvey (DR-4332), which are Presidentially-declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.). The fulfillment of this Contract is based on those funds being made available to the GLO as the lead administrative state agency. All expenditures under this Contract must be made in accordance with this Contract, the rules and regulations promulgated under the CDBG-DR Program and any other applicable laws. All funds disbursed under this Contract are subject to recapture and repayment for non-compliance. (b) To participate in the CDBG-DR program, Subrecipient must have a Data Universal Numbering System (DUNS) number and a Commercial and Government Entity (CAGE) code. Subrecipient must report its DUNS number and CAGE code to the GLO for use in various reporting documents. A DUNS number and CAGE code may be obtained by visiting the System for Award Management website at https://www.sam.gov. Assistance with this website is available by calling 866-606-8220. 5.02 STATE FUNDING (a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the GLO may terminate this Contract. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. (b) Any claim by Subrecipient for damages under this Contract may not exceed the amount due and owing Subrecipient under the Contract or the amount of funds appropriated for payment, but not yet paid to Subrecipient, under the annual budget in effect at the time of the breach. Nothing in this provision shall be construed as a waiver of sovereign immunity. 5.03 RECAPTURE OF FUNDS Subrecipient shall conduct, in a satisfactory manner as determined by the GLO, the Activities as set forth in the Contract. The discretionary right of the GLO to terminate for convenience under Section 3.02 notwithstanding, the GLO may terminate the Contract and recapture, and be reimbursed by Subrecipient for, any payments made by the GLO DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 12 of 23 (a) that exceed the maximum allowable HUD rate; (b) that are not allowed under applicable laws, rules, and regulations; or (c) that are otherwise inconsistent with this Contract, including any unapproved expenditures. This recapture provision applies to any funds expended for the Project or any Activity that does not meet a CDBG -DR Program National Objective as specified in the Performance Statement in Attachment A or that is not otherwise eligible under CDBG-DR regulations. 5.04 OVERPAYMENT AND DISALLOWED COSTS Subrecipient shall be liable to the GLO for any costs disallowed pursuant to financial and/or compliance audit(s) of funds received under this Contract. Subrecipient shall reimburse disallowed costs from funds which were not provided or o therwise made available to Subrecipient under this Contract. 5.05 FINAL BENCHMARK To ensure full performance of the Project, the GLO has set aside an amount equal to five percent (5%) of Subrecipient’s subaward until completion and acceptance by the GLO of all Activities and Benchmarks identified in the Performance Statement in Attachment A. The GLO shall make a final disbursement only upon receipt of documentation sufficient to determine that Subrecipient has completed the Activities in accordance with the Performance Statement, the Contract Documents, and all applicable laws, rules, and regulations. ARTICLE VI - INTELLECTUAL PROPERTY 6.01 OWNERSHIP AND USE (a) The Parties shall jointly own all right, title, and interest in and to all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under this Contract, with each Party having the right to use, reproduce, or publish any or all of such information and other materials without obtaining permission from the other Party and without expense or charge. (b) Subrecipient grants the GLO and HUD a royalty free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for U.S. Government purposes, all reports, drafts of reports, or other material, data, drawings, computer programs, and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under this Contract. 6.02 NON-ENDORSEMENT BY STATE AND THE UNITED STATES Subrecipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still or motion pictures, articles, manuscripts, or other publications) that states or implies the GLO, the State of Texas, U.S. Government, or any government employee, endorses a product, service, or position DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 13 of 23 the Subrecipient represents. Subrecipient may not release information relating to this Contract or state or imply that the GLO, the State of Texas, or the U.S. Government approves of Subrecipient’s work products, or considers Subrecipient’s work product to be superior to other products or services. 6.03 DISCLAIMER REQUIRED Subrecipient shall include a disclaimer on all public information releases issued pursuant to this Contract stating that the funds for this Project or any Program are provided by Subrecipient and the Texas General Land Office through HUD’s CDBG Program. ARTICLE VII - RECORDS, AUDIT, AND RETENTION 7.01 BOOKS AND RECORDS Subrecipient shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records sufficient to allow the GLO, the Texas State Auditor’s Office, the United States Government, and/or their authorized representatives to determine Subrecipient’s compliance with this Contract and all applicable laws, rules, and regulations, including the applicable laws and regulations provided in Attachment D. 7.02 INSPECTION AND AUDIT (a) All records related to this Contract, including records of Subrecipient and its Subcontractors, shall be subject to the Administrative and Audit Regulations. Accordingly, such records and work product shall be subject, at any time, to inspection, examination, audit, and copying at the Subrecipient’s primary location or any location where such records and work product may be found, with or without notice from the GLO or other government entity with necessary legal authority. Subrecipient shall cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Subrecipient will ensure that this clause concerning federal and state entities’ authority to inspect, examine, audit, and copy records and work product, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. (b) The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of inspection. Subrecipient shall ensure that this clause concerning the authority to DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 14 of 23 audit funds received indirectly by subcontractors through Subrecipient and the requirement to cooperate is included in any subcontract it awards. (c) Subrecipient will be deemed to have read and know of all applicable federal, state, and local laws, regulations, and rules pertaining to the Project, including those identified in Attachment D, governing audit requirements. 7.03 SUBRECIPIENT SELF-AUDIT AND TARGETED AUDITS (a) Subrecipient Self-Audit Upon the GLO’s or HUD’s approval, Subrecipient may conduct an annual financial and compliance audit of funds received and performance rendered under this Contract. Subrecipient may use funds budgeted under this Contract to pay for that portion of the cost of such audit services properly allocable to the Activities funded under this Contract, provided that the GLO shall not pay the cost of such audit services until the GLO has received Subrecipient’s satisfactory audit report and invoice, as determined by the GLO. The invoice submitted for reimbursement must clearly show the percentage of cost allocable to the Activities funded under this Contract relative to the total cost of the audit services. Therefore, Subrecipient shall submit an invoice showing the total cost of the audit and the corresponding prorated charge per funding source. If applicable, Subrecipient shall submit an explanation with the reimbursement request, explaining why the percentage of audit fees exceeds the prorated amount allowable. (b) Targeted Audits and Monitoring Visits The GLO may at any time perform, or instruct the performance of, an annual program and/or fiscal audit, or conduct a special or targeted audit of any aspect of the Subrecipient’s operation, using an auditor of the GLO’s choice. Subrecipient shall maintain financial and other records prescribed by the GLO or by applicable federal or state laws, rules, and regulations. 7.04 PERIOD OF RETENTION All records relevant to this Contract shall be retained for a period of three (3) years subsequent to the final closeout of the overall State of Texas CDBG-DR program, in accordance with federal regulations. The GLO will notify all Program participants of the date upon which local records may be destroyed. ARTICLE VIII - MISCELLANEOUS PROVISIONS 8.01 LEGAL OBLIGATIONS Subrecipient shall procure and maintain for the duration of this Contract any license, authorization, insurance, waiver, permit, qualification, or certification required by federal, state, county, or city statute, ordinance, law, or regulation to be held by Subrecipient to provide the goods or services required by this Contract. Subrecipient shall pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Subrecipient shall pay any such government obligations not paid by its subcontractors during performance of this Contract. Subrecipient shall include copies of such licenses DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 15 of 23 and permits as a part of the Monthly Activity Status Report for the period during which they are obtained. 8.02 INDEMNITY To the extent permitted under the law, except for damages directly or proximately caused by the gross negligence of the GLO, Subrecipient shall indemnify and hold harmless the State of Texas, the GLO, and the officers, representatives, agents, and employees of the State of Texas and the GLO from any losses, claims, suits, actions, damages, or liability (including all costs and expenses of defending against all of the aforementioned) arising in connection with: (a) This Contract; (b) Any negligence, act, omission, or misconduct in the performance of the services referenced herein; or (c) Any claims or amounts arising or recoverable under federal or state workers’ compensation laws, the Texas Tort Claims Act, or any other such laws. Subrecipient shall be responsible for the safety and well -being of its employees, customers, and invitees. These requirements shall survive the term of this Contract until all claims have been settled or resolved and suitable evidence to that effect has been furnished to the GLO. The provisions of this Section shall survive termination of this Contract. 8.03 INSURANCE AND BOND REQUIREMENTS (a) Unless Subrecipient is authorized by Chapter 2259 of the Texas Government Code to self-insure, Subrecipient shall carry insurance for the duration of this Contract in types and amounts necessary and appropriate for the Project. (b) Subrecipient shall require all contractors, subcontractors, vendors, service providers, or any other person or entity performing work described in Attachment A to carry insurance for the duration of the Project in the types and amounts customarily carried by a person or entity providing such goods or services. Subrecipient shall require any person or entity required to obtain insurance under this Section to complete and file the declaration pages from the insurance policies with Subrecipient whenever a previously identified policy period expires during the term of Subrecipient’s contract with the person or entity, as proof of continuing coverage. Subrecipient’s contract with any such person or entity shall clearly state that acceptance of the insurance policy declaration pages by the Subrecipient shall not relieve or decrease the liability of the person or entity. Persons or entities shall be required to update all expired policies before Subrecipient’s acceptance of an invoice for monthly payment from such parties. (c) Subrecipient shall require performance and payment bonds to the extent they are required under Chapter 2253 of the Texas Government Code. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 16 of 23 (d) Subrecipient shall require, on all construction projects, that any person or entity required to provide Federal Construction Assurances shall complete form SF-424D, entitled “Assurances – Construction Programs,” and Subrecipient shall maintain such documentation. 8.04 ASSIGNMENT AND SUBCONTRACTS Subrecipient shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract without the GLO’s prior written consent. Notwithstanding this provision, Subrecipient may subcontract some or all of the services to be performed under this Contract. In any subcontracts, Subrecipient shall legally bind the subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Subrecipient as specified in this Contract. Nothing in this Contract shall be construed to relieve Subrecipient of the responsibility for ensuring that the goods delivered and/or the services rendered by Subrecipient and/or any of its subcontractors comply with all the terms and provisions of this Contract. For subcontracts to which Federal Labor Standards requirements apply, Subrecipient shall submit to the GLO all documentation required to ensure compliance. Subrecipient shall retain five percent (5%) of the payment due under each of Subrecipient’s construction or rehabilitation subcontracts until the GLO determines that the Federal Labor Standards requirements applicable to each such subcontract have been satisfied. 8.05 PROCUREMENT Subrecipient must comply with the procurement procedures stated at 2 C.F.R. §§ 200.318 through 200.326 and all other applicable federal, state, and local procurement procedures and laws, regulations, and rules. Subrecipient must confirm that its vendors and subcontractors are not debarred from receiving state or federal funds at each of the following web addresses: Texas Comptroller’s Vendor Performance Program at: https://comptroller.texas.gov/purchasing/; and the Federal General Services Administration’s System for Award Management at: https://www.sam.gov/. 8.06 PURCHASES AND EQUIPMENT Any purchase of Equipment or computer software shall be made in accordance with all applicable laws, regulations, and rules including those listed in Attachment D. Subrecipient shall retain title to and possession of any Equipment or computer software unless and until transferred to the GLO, upon the GLO’s written request, or disposed of in accordance with federal regulations. Subrecipient shall furnish, with its final request for reimbursement, a list of all Equipment and computer software purchased with Program funds under the Contract, including the name of the manufacturer, the model number, and the serial number, if applicable. The disposition of any Equipment or computer software shall be in accordance with all applicable laws, regulations, and rules, including those listed in Attachment D. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 17 of 23 8.07 COMMUNICATION WITH THIRD PARTIES The GLO and the authorities named in ARTICLE VII, above, may initiate communications with any subcontractor, and may request access to any books, documents, personnel, papers, and records of a subcontractor which are pertinent to this Contract. Such communications may be required to conduct audits, examinations, Davis- Bacon Labor Standards interviews, and gather additional information as provided in ARTICLE VII herein. 8.08 RELATIONSHIP OF THE PARTIES Subrecipient is associated with the GLO only for the purposes and to the extent specified in this Contract. Subrecipient is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract creates a partnership or joint venture, employer- employee or principal-agent relationships, or any liability whatsoever with respect to the indebtedness, liabilities, or obligations of Subrecipient or any other party. Subrecipient shall be solely responsible for, and the GLO shall have no obligation with respect to: withholding of income taxes, FICA, or any other taxes or fees; industrial or workers’ compensation insurance coverage; participation in any group insurance plans available to employees of the State of Texas; participation or contributions by the State to the State Employees Retirement System; accumulation of vacation leave or sick leave; or unemployment compensation coverage provided by the State. 8.09 COMPLIANCE WITH OTHER LAWS In the performance of this Contract, Subrecipient shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including those listed in Attachments B, C, and D. Subrecipient is deemed to know and understand all applicable laws, statutes, ordinances, and regulations affecting its performance under this Contract. 8.10 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail (certified, postage paid, return receipt requested) or with a common carrier (overnight, signature required) to the appropriate address below: GLO Texas General Land Office 1700 N. Congress Avenue, 7th Floor Austin, TX 78701 Attention: Contract Management Division Subrecipient City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Attention: Keith Selman DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 18 of 23 Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for notice by written notice to the other Party as herein provided. 8.11 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the Parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Subrecipient irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction with respect to this Contract or any document related hereto. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 8.12 SEVERABILITY If a court of competent jurisdiction determines any provision of this Contract is invalid, void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. 8.13 DISPUTE RESOLUTION Except as otherwise provided by statute, rule or regulation, Subrecipient shall use the dispute resolution process established in Chapter 2260 of the Texas Government Code and related rules to attempt to resolve any dispute under this Contract, including a claim for breach of contract by the GLO, that the Parties cannot resolve in the ordinary course of business. Neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of such a claim constitutes grounds for Subrecipient to suspend performance of this Contract. Notwithstanding this provision, the GLO reserves all legal and equitable rights and remedies available to it. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 8.14 PUBLIC RECORDS Information related to the performance of this Contract may be subject to the Public Information Act (“PIA”) and will be withheld from public disclosure or released only in accordance therewith. Subrecipient shall make any information created or exchanged with the state pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state/the GLO. Subrecipient shall make any information required under the PIA available to the GLO in portable document file (“.pdf”) format or any other format agreed between the Parties. Subrecipient’s failure to mark as “confidential” or a “trade secret” any information it believes to be excepted from disclosure waives all claims Subrecipient may make against the GLO for releasing such information without prior notice to Subrecipient. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 19 of 23 Subrecipient shall release the following information upon receipt of an open records request: (a) The amount of CDBG-DR funds expected to be made available; (b) The range of Activities that may be undertaken with CDBG-DR funds; (c) The estimated amount of CDBG-DR funds proposed to be used for Activities that will meet the national objective of benefit to low- and moderate-income persons; and (d) The proposed CDBG-DR Activities likely to result in displacement and the Subrecipient’s anti-displacement and relocation plan. 8.15 AMENDMENTS TO THE CONTRACT Amendments to decrease or increase the subaward, to add or delete an Activity, to extend the term of the Contract, and/or to make other substantial amendments to the Contract may be made only by written agreement of the Parties, under the formal Amendment process except that, upon completion of the Project, the GLO shall issue a close-out letter pursuant to SECTION 2.03. The formal Amendment process requires submission by the GLO Project Manager of the proposed amended language or amount to the GLO Contract Management Division for the preparation of a formal Amendment and circulation for necessary GLO and Subrecipient signatures. In the sole discretion of the GLO, and in conformance with federal law, the GLO may approve other adjustments required during Project performance by the GLO by way of a Revision or Technical Guidance Letter unilaterally issued by the GLO and acknowledged by the Subrecipient. Such approvals must be in writing and may be delivered by U.S. mail or electronic mail. Pursuant to SECTION 2.03 hereof, a final Grant Completion Report of all Activities performed under this Contract shall be submitted to the GLO and shall include all such informal revisions approved by the GLO over the life of the Contract. 8.16 ENTIRE CONTRACT AND MODIFICATIONS This Contract, its Attachments, Technical Guidance Letter(s), and/or Revision(s) issued in conjunction with this Contract, if any, constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements made in connection with the subject matter hereof. Any additional or conflicting terms in Attachment(s), Technical Guidance Letter(s), and/or Revision(s) shall be harmonized with this Contract to the extent possible. Unless an Attachment, Technical Guidance Letter, or Revision specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the Contract. 8.17 PROPER AUTHORITY Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to legally bind its respective entity. Subrecipient acknowledges that this Contract is effective for the period of time specified in the DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 20 of 23 Contract. Any work performed by Subrecipient after the Contract terminates is performed at the sole risk of Subrecipient. 8.18 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. 8.19 SURVIVAL The provisions of ARTICLES V, VI, and VII and SECTIONS 1.01, 1.03, 2.05, 3.02, 3.04, 8.02, 8.03, 8.07, 8.08, 8.09, 8.10, 8.11, 8.13, 8.14, and 8.15 of this Contract, and any other continuing obligations of Subrecipient shall survive the termination or expiration of this Contract. 8.20 CONTRACT CLOSEOUT Upon completion of all Activities required for the Contract, and pursuant to SECTION 2.03 hereof, Subrecipient shall prepare a final Grant Completion Report confirming final performance measures, budgets, and expenses. The GLO will close the contract in accordance with 2 C.F.R. §§ 200.343 through 200.345 and GLO CDBG-DR guidelines consistent therewith. The GLO will notify Subrecipient via official closeout letter upon review and approval of the final Grant Completion Report. 8.21 INDIRECT COST RATES Unless, under the terms of 2 C.F.R. Part 200, Appendix V, Subrecipient has negotiated or does negotiate an indirect cost rate with the federal government, subject to periodic renegotiations of the rate during the Contract Period, or is exempt from such negotiations and has developed and maintains an auditable central service cost allocation plan, Subrecipient’s indirect cost rate shall be set by 2 C.F.R. § 200.414(f), i.e., ten percent (10%). 8.22 CONFLICT OF INTEREST (a) Subrecipient shall abide by the provisions of this Section and include the provisions in all subcontracts. Subrecipient shall comply with all conflict of interest laws and regulations applicable to the Program. (b) Subrecipient shall maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. 8.23 ENVIRONMENTAL CLEARANCE REQUIREMENTS (a) Subrecipient is responsible for conducting environmental reviews and for obtaining any environmental clearance necessary for successful completion of the Project. Subrecipient shall prepare an environmental review or assessment of each Activity in accordance with applicable laws, regulations, rules, and guidance. Subrecipient shall maintain a written Environmental Review Record (“ERR”) for DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 21 of 23 each Activity, including all supporting source documentation and documentation to support any project mitigation. Subrecipient shall provide a copy of the ERR and all related source documentation to the GLO. (b) Subrecipient shall address inquiries and complaints and shall provide appropriate redress related to environmental Activities. Subrecipient shall document each communication issued or received hereunder in the related ERR. (c) The GLO may, in its sole discretion, reimburse Subrecipient for certain exempt environmental Activities, as defined in federal regulations. Reimbursement requests for exempt environmental Activities must be supported by the proper HUD-prescribed form. (d) The Parties acknowledge and understand that the GLO may enter into Interagency agreements with the Texas Historical Commission and other entities in order to facilitate any necessary environmental or historic review. The GLO may incorporate one or more Interagency agreements into this contract via a Technical Guidance Letter. 8.24 CITIZEN PARTICIPATION AND ALTERNATIVE REQUIREMENTS (a) Subrecipient must ensure that all citizens have equal and ongoing access to information about the Project, including ensuring that Project information is available in the appropriate languages for the geographical area served by the Subrecipient. Information furnished to citizens shall include, without limitation: (i) The amount of CDBG-DR funds expected to be made available; (ii) The range of Activities that may be undertaken with the CDBG-DR funds; (iii) The estimated amount of the CDBG-DR funds proposed to be used for Activities meeting the national objective of benefiting low -to-moderate income persons; and (iv) A clear statement of such and the entity’s anti-displacement and relocation plan if any proposed CDBG-DR Activities are likely to result in displacement. (b) Complaint Procedures: Subrecipient must have written citizen complaint procedures that provide a timely written response (within fifteen (15) working days) to complaints and grievances. Subrecipient shall notify citizens of the location and the days and hours when the location is open for business so they may obtain a copy of these written procedures. (c) Technical Assistance: If requested, Subrecipient shall provide technical assistance to persons of low and moderate income in completing their applications under the Project. (d) Subrecipient shall maintain a citizen participation file that includes a copy of the Subrecipient’s complaint procedures, documentation and evidence of opportunities provided for citizen participation (e.g., public notices, advertisements, flyers, etc.), documentation of citizen participation events (e.g., DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 22 of 23 meeting minutes, attendance lists, sign-in sheets, news reports, etc.), and documentation of any technical assistance requested and/or provided. 8.25 SIGNAGE REQUIREMENTS On any public building or facility funded under this Contract, Subrecipient shall place permanent signage. Signs shall be placed in a prominent, visible public location. Subrecipient shall format each sign to best fit the architectural design of the building or facility but should be legible from a distance of at least three (3) feet. For other construction projects (e.g., water transmission lines, sewer collection lines, drainage, roadways, housing rehabilitation) funded under this Contract, Subrecipient shall place temporary signage erected in a prominent location at the construction project site or along a major thoroughfare within the locality. All signage required under this Section 8.25 shall contain the following: “This project is funded by the Texas General Land Office of the State of Texas, to provide for disaster recovery and restoration of infrastructure for communities impacted by Hurricane Harvey. The funds have been allocated by the United States Department of Housing and Urban Development through the Community Development Block Grant Program.” 8.26 PROCUREMENT OF RECOVERED MATERIALS (a) To the extent applicable, Subrecipient 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) In a way that meets Contract performance requirements; or (iii) At a reasonable price. (b) Additional information about the requirement in 2 CFR § 200.322 for the maximum use of recovered/recycled materials, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines website, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. 8.27 INFORMATION AND DATA SECURITY STANDARDS Subrecipient shall comply with all terms specified in the GLO Information Security Appendix for Subrecipients, incorporated herein for all purposes as Attachment G. 8.28 STATEMENTS OR ENTRIES WARNING: ANY PERSON WHO KNOWINGLY MAKES A FALSE CLAIM OR STATEMENT TO HUD MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES UNDER 18 U.S.C. § 287, 18 U.S.C. § 1001, AND 31 U.S.C. § 3729. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 23 of 23 Except as otherwise provided under federal law, any person who knowingly and willfully falsifies, conceals, or covers up a material fact by any trick, scheme, or device or who makes any materially false, fictitious, or fraudulent statement or representation or who makes or uses any false writing or document despite knowing the writing or document to contain any materially false, fictitious, or fraudulent statement or entry shall be prosecuted under Title 18, United States Code, § 1001. Under penalties of 18 U.S.C. § 287, 18 U.S.C. § 1001, and 31 U.S.C. § 3729, the undersigned Subrecipient representative hereby declares that he/she has examined this Contract and Attachments and, to the best of his/her knowledge and belief , any statements, entries, or claims made by Subrecipient are true, accurate, and complete. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E SIGNATURE PAGE FOR GLO CONTRACT NO. 20-066-017-C123 SUBRECIPIENT LOCAL BUYOUT/ACQUISITION CONTRACT AGREEMENT –HARVEY ROUND 1 GENERAL LAND OFFICE CITY OF CORPUS CHRISTI Mark A. Havens, Chief Clerk/ By: Deputy Land Commissioner Title: _________________________ Date of execution: _________________ Date of execution: _______________ OGC______________________ PM________________________ DD________________________ SDD______________________ DGC______________________ GC________________________ ATTACHED TO THIS CONTRACT: ATTACHMENT A Performance Statement, Budget, and Benchmarks ATTACHMENT B Federal Assurances and Certifications ATTACHMENT C General Affirmations ATTACHMENT D Nonexclusive List of Applicable Laws, Rules, and Regulations ATTACHMENT E Special Conditions ATTACHMENT F Monthly Activity Status Report ATTACHMENT G GLO Information Security Appendix for Subrecipients ATTACHMENT H Public Law 113-2 Contract Reporting Template ATTACHMENTS FOLLOW DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Keith Selman 1/9/2020 Assistant City Manager 1/10/2020 Attachment A GLO Contract No. 20-066-017-C123 Page 1 of 2 CITY OF CORPUS CHRISTI 20-066-017-C123 PERFORMANCE STATEMENT City of Corpus Christi (Subrecipient) was overwhelmed by Hurricane Harvey. Heavy rainfall caused flooding of homes and streets and threatened public health, safety, and welfare. Subrecipient will conduct a Buyout program that targets homes that are the most vulnerable to flooding. Subrecipient shall perform the Activities identified herein for the target area specified in its approved Texas Community Development Block Grant Disaster Recovery Supplemental Grant Application to aid areas most impacted by Hurricane Harvey. The persons to benefit from the Activities described herein must receive the prescribed service or benefit, and all eligibility requirements must be met to fulfill contractual obligations. Subrecipient shall carry out the following housing Activities in strict accordance with the terms of Subrecipient’s approved Project Guidelines, the terms of this Contract and all Attachments, the GLO-approved Method of Distribution (MOD), and the requirements of the GLO Implementation Manual, as each may be amended over time. Each of these documents is incorporated by reference to this Contract. This Project will meet the following national objective(s): Low to Moderate Buyout and Urgent Need. The grant total is $1,319,559.00. Subrecipient will be required to maintain a detailed Budget breakdown in the official system of record of the GLO’s Community Development and Revitalization division (GLO-CDR). Project Description (Buyout) Subrecipient will provide a Buyout program for approximately ten (10) residential dwellings affected by Hurricane Harvey. Assistance will be provided to homeowners who are located in a floodplain or reside in a repetitive flood area and who agree to relocate to outside the floodplain or a location of reduced flood risk. The properties acquired with funds provided under this Contract may be used for green space or for an eligible use, as defined by the Federal Register (final use deed restriction must be recorded in perpetuity at closing) and the GLO Implementation Manual. Refer to the approved Project Guidelines for further technical guidance on the final use of the acquired property. An environmental review must be conducted and all Project locations must receive environmental clearance prior to the execution of any agreements with property owners that present choice- limiting actions1 or prior to the commencement of any physical work, including demolition work, on the properties. 1 The execution of an “option contract” with homeowners may be permitted if such an option contract is conditional on the receipt of required environmental clearance and in compliance with the GLO Implementation Manual. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment A GLO Contract No. 20-066-017-C123 Page 2 of 2 Project Budget Project costs generally include costs for purchases of the property, incentives, appraisals, legal/title work, and site-specific environmental reviews, and other reasonable approved costs. Project Delivery costs generally include costs for case management, applicant intake, and a broad environmental review, and other reasonable approved costs. The total Project Delivery costs will not exceed twelve percent (12%) of the total grant allocation. Cost Type Grant Award Other Funds Total Project Costs (at least 88%) $1,178,366.20 $0.00 $1,178,366.20 Project Delivery Costs (up to 12%) $141,192.80 $0.00 $141,192.80 TOTAL: $1,319,559.00 $0.00 $1,319,559.00 Benchmarks for Release of Project Delivery Funding The following Benchmarks must be achieved prior to Subrecipient being permitted to draw the associated amount of Project Delivery funding for this Contract. Benchmarks Caps for Charging Project Delivery Costs Incremental Cumulative Approval of Project Guidelines 15% 15% 15% of Project funds drawn by Subrecipient 15% 30% 25% of Project funds drawn by Subrecipient 15% 45% 50% of Project funds drawn by Subrecipient 15% 60% 75% of Project funds drawn by Subrecipient 15% 75% 100% of Project funds drawn/Activities closed by Subrecipient 20% 95% Grant Completion Report accepted 5% 100% DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment B 1. GLO Contract No. 20-066-017-C123 Page 1 of 5 Previous Edition Usable Standard Form 424B (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 ASSURANCES – NON-CONSTRUCTION PROGRAMS OMB Approval No. 4040-0007 Expiration Date: 02/28/2022 NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.§794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other non-discrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment B 1. GLO Contract No. 20-066-017-C123 Page 2 of 5 9. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333) regarding labor standards for federally-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION City of Corpus Christi DATE SUBMITTED SF-424B (Rev. 7-97) Back DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E 1/9/2020 Assistant City Manager Attachment B 1. GLO Contract No. 20-066-017-C123 Page 3 of 5 CERTIFICATION REGARDING LOBBYING COMPLIANT WITH APPENDIX A TO 24 C.F.R. PART 87* Certification for Contracts, Grants, Loans, and Cooperative Agreements: The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance: The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME 1. City of Corpus Christi 20-066-017-C123 _____________________________________________________________________________________________ PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE _____________________________________________________________________________________________ SIGNATURE DATE _____________________________________________________________________________________________ * 24 C.F.R. 87 App. A, available at https://www.gpo.gov/fdsys/granule/CFR-2011-title24-vol1/CFR-2011-title24-vol1-part87- appA. Published Apr. 1, 2011. Accessed Aug. 1, 2018. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Assistant City Manager 1/9/2020 Keith Selman Attachment B 1. GLO Contract No. 20-066-017-C123 Page 4 of 5 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) OMB Number: 4040-0013 Expiration Date: 02/28/2022 1. *Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. *Status of Federal Action: a. bid/offer/application b. initial award c. post-award 3. *Report Type: a. initial filing b. material change 4. Name and Address of Reporting Entity: Prime Subawardee Name: ______________________________________________ Street 1: Street 2: City: _________________ State: Zip: Congressional District, if known: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Print Name: Title: Telephone No.: Date: Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment B 1. GLO Contract No. 20-066-017-C123 Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., “RFP-DE-90-001.” 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 4040-0013. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (4040-0013), Washington, DC 20503. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 1 of 8 General Affirmations To the extent they apply, Subrecipient affirms and agrees to the following, without exception: 1. Subrecipient represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Subrecipient nor the firm, corporation, partnership, or institution represented by Subrecipient, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Subrecipient. 2. If the Contract is for services, Subrecipient shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 3. Under Section 231.006 of the Family Code, the vendor or applicant [Subrecipient] certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. 4. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Subrecipient certifies it has submitted this information to the GLO. 5. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Subrecipient certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328. 6. Pursuant to Section 2155.003 of the Texas Government Code, Subrecipient represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract. 7. Payments due under the Contract shall be directly applied towards eliminating any debt or delinquency Subrecipient owes to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support. 8. Upon request of the GLO, Subrecipient shall provide copies of its most recent business continuity and disaster recovery plans. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 2 of 8 9. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Subrecipient certifies that it does not employ an individual who has been employed by The GLO or another agency at any time during the two years preceding the Subrecipient’s submission of its offer to provide consulting services to the GLO or, in the alternative, Subrecipient, in its offer to provide consulting services to the GLO, disclosed the following: (i) the nature of the previous employment with the GLO or other state agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination. 10. If the Contract is not for architecture, engineering, or construction services, except as otherwise provided by statute, rule, or regulation, Subrecipient must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 11. If the Contract is for architecture, engineering, or construction services, subject to Texas Government Code, Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114, and except as otherwise provided by statute, rule, or regulation, Subrecipient shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code, Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if the Subrecipient’s claim for breach of contract cannot be resolved by the parties in the ordinary course of business, Subrecipient may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against the Subrecipient as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Subrecipient must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount the Subrecipient seeks as damages; and (3) the legal theory of recovery. b. The chief administrative officer, or if designated in the Contract, another officer of the GLO, shall examine the claim and any counterclaim and negotiate with the Subrecipient in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052. c. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the parties shall reduce the agreement or DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 3 of 8 settlement to writing and each party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a party’s rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the parties agree in writing to an extension of time, the parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is the Subrecipient’s sole and exclusive process for seeking a remedy for an alleged breach of contract by the GLO if the parties are unable to resolve their disputes as described in this section. e. Nothing in the Contract shall be construed as a waiver of the state’s or the GLO’s sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO, prior to or subsequent to entering into this Contract. f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Subrecipient: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or (2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code. 12. If Texas Government Code Chapter 2270 prohibiting state contracts with companies boycotting Israel applies to Subrecipient and this Contract, then Subrecipient verifies it does not boycott Israel and will not boycott Israel during the term of this Contract. 13. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Subrecipient understands that all obligations of the GLO under this Contract are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution. 14. Subrecipient certifies that it is not listed on the federal government's terrorism watch list as described in Executive Order 13224. 15. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Subrecipient certifies that it is not (1) the executive head of the GLO, (2) a person who at any time during the four years before the effective date DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 4 of 8 of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO. 16. Subrecipient represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for its termination. 17. Pursuant to Section 2155.004(a) of the Texas Government Code, Subrecipient certifies that neither Subrecipient nor any person or entity represented by Subrecipient has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code, Subrecipient certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. This Section does not prohibit Subrecipient from providing free technical assistance. 18. Subrecipient represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 19. If the Contract is for professional or consulting services governed by Texas Government Code Chapter 2254, Subrecipient represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the Contract, were former employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the Contract. 20. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the GLO. 21. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 5 of 8 SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 22. IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO SUBRECIPIENT’S PERFORMANCE, AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO SUBRECIPIENT, OR ANY OTHER ENTITY OVER WHICH THE CONTRACTOR EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 23. TO THE EXTENT ALLOWED BY LAW, SUBRECIPIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF SUBRECIPIENT PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO’S AND/OR SUBRECIPIENT’S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY SUBRECIPIENT OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT OF SUBRECIPIENT’S PERFORMANCE UNDER THE CONTRACT. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. SUBRECIPIENT SHALL BE LIABLE TO PAY ALL COSTS OF DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 6 of 8 DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN ADDITION, SUBRECIPIENT WILL REIMBURSE THE GLO AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF SUBRECIPIENT OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND SUBRECIPIENT WILL PAY ALL REASONABLE COSTS OF THE GLO’S COUNSEL. 24. Subrecipient has disclosed in writing to the GLO all existing or potential conflicts of interest relative to the performance of the Contract. 25. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Subrecipient certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 26. Subrecipient understands that the GLO will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material related to this Contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Subrecipient shall make any information created or exchanged with the State/GLO pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State or the GLO. 27. The person executing this Contract certifies that he/she is duly authorized to execute this Contract on his/her own behalf or on behalf of Subrecipient and legally empowered to contractually bind Subrecipient to the terms and conditions of the Contract and related documents. 28. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Subrecipient shall perform services (1) with professional DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 7 of 8 skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 29. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Subrecipient shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 30. Subrecipient certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the Contract by any state or federal agency. 31. Subrecipient expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Subrecipient represents and warrants to the GLO that any technology provided to the GLO for purchase pursuant to this Contract is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: providing equivalent access for effective use by both visual and non-visual means; presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase “equivalent access” means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. 32. If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Subrecipient certifies its compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to the Television Equipment Recycling Program. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 8 of 8 33. Pursuant to Section 572.069 of the Texas Government Code, Subrecipient certifies it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Subrecipient within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015. 34. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Subrecipient shall report any possible fraud, waste, or abuse that occurs in connection with the Contract to the GLO’s Fraud Reporting hotline at (877) 888-0002. 35. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and Subrecipient agrees that the Contract can be terminated if Subrecipient knowingly or intentionally fails to comply with a requirement of that subchapter. 36. If Subrecipient, in its performance of the Contract, has access to a state computer system or database, Subrecipient must complete a cybersecurity training program certified under Texas Government Code Section 2054.519, as selected by the GLO. Subrecipient must complete the cybersecurity training program during the initial term of the Contract and during any renewal period. Subrecipient must verify in writing to the GLO its completion of the cybersecurity training program. 37. Under Section 2155.0061, Texas Government Code, Subrecipient certifies that the entity named in this contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment D 1. GLO Contract No. 20-066-017-C123 Page 1 of 4 NONEXCLUSIVE LIST OF APPLICABLE LAWS, RULES, AND REGULATIONS If applicable to the Project, Provider must be in compliance with the following laws, rules, and regulations; and any other state, federal, or local laws, rules, and regulations as may become applicable throughout the term of the Contract, and Provider acknowledges that this list may not include all such applicable laws, rules, and regulations. Provider is deemed to have read and understands the requirements of each of the following, if applicable to the Project under this Contract: GENERALLY The Acts and Regulations specified in this Contract; Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (Public Law 115-56); The Housing and Community Development Act of 1974 (12 U.S.C. § 5301 et seq.); The United States Housing Act of 1937, as amended, 42 U.S.C. § 1437f(o)(13) (2016) and related provisions governing Public Housing Authority project-based assistance, and implementing regulations at 24 C.F.R. Part 983 (2016); Cash Management Improvement Act regulations (31 C.F.R. Part 205); Community Development Block Grants (24 C.F.R. Part 570); Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200); Disaster Recovery Implementation Manual; and State of Texas Plan for Disaster Recovery: Hurricane Harvey – Round 1, dated April 6, 2018, as amended. CIVIL RIGHTS Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.); 24 C.F.R. Part l, "Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964"; Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 (42 U.S.C. § 2000e, et seq.); Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. § 3601, et seq.), as amended; Executive Order 11063, as amended by Executive Order 12259, and 24 C.F.R. Part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063"; The failure or refusal of Provider to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. 107.60; The Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794.) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development", 24 C.F.R. Part 8. By signing this Contract, Provider understands and agrees that the activities funded shall be performed in accordance with DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment D 1. GLO Contract No. 20-066-017-C123 Page 2 of 4 24 C.F.R. Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. § 4151, et seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. LABOR STANDARDS The Davis-Bacon Act, as amended (originally, 40 U.S.C. §§ 276a-276a-5 and re-codified at 40 U.S.C. §§ 3141-3148); 29 C.F.R. Part 5; The Copeland "Anti-Kickback" Act (originally, 18 U.S.C. § 874 and re-codified at 40 U.S.C. § 3145): 29 C.F.R. Part 3; Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (originally, 40 U.S.C. §§ 327A and 330 and re-codified at 40 U.S.C. §§ 3701-3708); Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act) (29 C.F.R. Part 5); and Federal Executive Order 11246, as amended. EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u): 24 C.F.R. §§ 135.3(a)(2) and (a)(3); The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (38 U.S.C. § 4212); Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688); and Federal Executive Order 11246, as amended. GRANT AND AUDIT STANDARDS Single Audit Act Amendments of 1996, 31 U.S.C. § 7501; Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200); Uniform Grant and Contract Management Act (Texas Government Code Chapter 783) and the Uniform Grant Management Standards, issued by Governor’s Office of Budget and Planning; and Title 1 Texas Administrative Code § 5.167(c). LEAD-BASED PAINT Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831(b)). HISTORIC PROPERTIES The National Historic Preservation Act of 1966 as amended (16 U.S.C. § 470, et seq.), particularly sections 106 and 110 (16 U.S.C. §§ 470 and 470h-2), except as provided in §58.17 for Section 17 projects; Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921), 3 C.F.R., 1971-1975 Comp., p. 559, particularly section 2(c); Federal historic preservation regulations as follows: 36 C.F.R. Part 800 with respect to DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment D 1. GLO Contract No. 20-066-017-C123 Page 3 of 4 HUD programs; and The Reservoir Salvage Act of 1960, as amended by the Archeological and Historic Preservation Act of 1974 (16 U.S.C. § 469, et seq.), particularly section 3 (16 U.S.C. § 469a-1). ENVIRONMENTAL LAW AND AUTHORITIES Environmental Review Procedures for Recipients assuming HUD Environmental Responsibilities (24 C.F.R. Part 58, as amended); National Environmental Policy Act of 1969, as amended (42 U.S.C. §§ 4321-4347); and Council for Environmental Quality Regulations for Implementing NEPA (40 C.F.R. Parts 1500-1508). FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 C.F.R., 1977 Comp., p. 117, as interpreted in HUD regulations at 24 C.F.R. Part 55, particularly Section 2(a) of the Order (For an explanation of the relationship between the decision- making process in 24 C.F.R. Part 55 and this part, see § 55.10.); and Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961), 3 C.F.R., 1977 Comp., p. 121 particularly Sections 2 and 5. COASTAL ZONE MANAGEMENT The Coastal Zone Management Act of 1972 (16 U.S.C. § 1451, et seq.), as amended, particularly sections 307(c) and (d) (16 U.S.C. § 1456(c) and (d)). SOLE SOURCE AQUIFERS The Safe Drinking Water Act of 1974 (42 U.S.C. §§ 201, 300(f), et seq., and 21 U.S.C. § 349) as amended; particularly section 1424(e)(42 U.S.C. § 300h-3(e)); and Sole Source Aquifers (Environmental Protection Agency-40 C.F.R. part 149.). ENDANGERED SPECIES The Endangered Species Act of 1973 (16 U.S.C. § 1531, et seq.) as amended, particularly section 7 (16 U.S.C. § 1536). WILD AND SCENIC RIVERS The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271, et seq.) as amended, particularly sections 7(b) and (c) (16 U.S.C. § 1278(b) and (c)). AIR QUALITY The Clean Air Act (42 U.S.C. § 7401, et seq.) as amended, particularly sections 176(c) and (d) (42 U.S.C. §7506(c) and (d)). Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 C.F.R. Parts 6, 51, and 93). FARMLAND PROTECTION Farmland Protection Policy Act of 1981 (7 U.S.C. § 4201, et seq.) particularly sections 1540(b) and 1541 (7 U.S.C. §§ 4201(b) and 4202); and DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment D 1. GLO Contract No. 20-066-017-C123 Page 4 of 4 Farmland Protection Policy (Department of Agriculture-7 C.F.R. part 658). HUD ENVIRONMENTAL STANDARDS Applicable criteria and standards specified in HUD environmental regulations (24 C.F.R. Part 51)(other than the runway clear zone and clear zone notification requirement in 24 C.F.R. § 51.303(a)(3); and HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and Radioactive Materials, September 10, 1979. ENVIRONMENTAL JUSTICE Executive Order 12898 of February 11, 1994—Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, (59 FR 7629), 3 C.F.R., 1994 Comp. p. 859. SUSPENSION AND DEBARMENT Use of debarred, suspended, or ineligible contractors or subrecipients (24 C.F.R. § 570.609); General HUD Program Requirements; Waivers (24 C.F.R. Part 5); and Nonprocurement Suspension and Debarment (2 C.F.R. Part 2424). OTHER REQUIREMENTS Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities (24 C.F.R. Part 58). ACQUISITION / RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601, et seq.), 24 C.F.R. Part 42, and 24 C.F.R. § 570.606. FAITH-BASED ACTIVITIES Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith- Based and Community Organizations, (67 FR 77141). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment E GLO Contract No. 20-066-017-C123 Page 1 of 6 SPECIAL CONDITIONS If applicable to a Project or Activity, Subrecipient must be in compliance with the following Special Conditions and any other State, Federal, or local laws, rules, and regulations as may be applicable, throughout the term of the Contract, prior to the release of any grant funds for the Projects or Activities anticipated. Subrecipient is deemed to have read and to understand the requirements of each of the following, if applicable to the Project or any Activity under this Contract: A. REIMBURSEMENT, GENERALLY As provided for in Public Law 115-56, the Contract funds may not be used for activities that are eligible to be reimbursed by, or for which funds are made available by, (a) the Federal Emergency Management Agency (FEMA); (b) the Army Corps of Engineers (Corps); (c) any other federal funding source; or (d) covered by insurance, and Subrecipient shall ensure compliance with all such requirements. B. NATIONAL FLOOD INSURANCE PROGRAM COMPLIANCE (1) Subrecipient must provide documentation which indicates they have received approval from the Texas Water Development Board (TWDB), the National Flood Insurance Program (NFIP) State Coordinating Agency, that appropriate ordinances or orders necessary for Subrecipient to be eligible to participate in the NFIP have been adopted. (2) Where Activities specified in a Performance Statement, involve structures that are located in Special Flood Hazard Areas (SFHA), flood insurance may be required, and Subrecipient shall obtain such insurance, and shall maintain documentation evidencing compliance with such requirements. (3) Subrecipient acknowledges and agrees that if any property that is the subject of an Activity under this Contract located within a floodplain, that the following te rms and conditions shall apply: a. Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001- 4128), Federal financial assistance for acquisition and construction purposes (including rehabilitation) may not be used in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: i. The community in which the area is situated is participating in the National Flood Insurance Program ("NFIP") (44 CFR parts 59 through 79), or less than one (1) year has passed since the FEMA notification regarding such hazards; and ii. The community is participating in the NFIP, or that flood insurance protection is to be obtained as a condition of the approval of financial assistance to the property owner. b. Where the community is participating in the NFIP and the recipient provides financial assistance for acquisition or construction purposes (including rehabilitation) for property located in an area identified by FEMA as having special flood hazards, Subrecipient is responsible for ensuring that flood insurance under the NFIP is obtained and maintained. c. Under Section 582 of the National Flood Insurance Reform Act of 1994, 42 U.S.C. 515a, HUD disaster assistance that is made available in a special flood hazard area may not be used to make a payment (including any loan assistance payment) to a DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment E GLO Contract No. 20-066-017-C123 Page 2 of 6 person for repair, replacement, or restoration for flood damage to any personal, residential, or commercial property if: i. The person had previously received Federal flood disaster assistance conditioned on obtaining and maintaining flood insurance; and ii. The person failed to obtain and maintain flood insurance. d. Subrecipient understands and agrees that it has a responsibility to inform homeowners receiving disaster assistance that triggers the flood insurance purchase requirement of their statutory responsibility to notify any transferee of the requirement to obtain and maintain flood insurance, and that the transferring owner may be liable if he or she fails to do so. C. PROJECT MAPPING/DESIGN INFORMATION For construction projects, Subrecipient shall require and maintain copies, in written and/or digital format, of final Project record drawing(s) and engineering schematics, as constructed. D. WATER SYSTEM IMPROVEMENTS (1) Prior to the GLO's release of funds for the construction of any water system improvements, Subrecipient shall provide certification to the GLO that plans, specifications, and related documents for the specified water system improvements have been prepared by the engineer selected for such activities, or the engineer's duly authorized representative, and that the review of such plans, specifications, and related documents meet the applicable Texas Commission on Environmental Quality (TCEQ) review requirements described in Title 30 of the Texas Administrative Code. (2) Prior to construction, Subrecipient shall provide documentation to the GLO that an approved new or amended Certificate of Convenience and Necessity (CCN), or the equivalent permit or authority for the area to be served, has been issued by the TCEQ. (3) Prior to Subrecipient submission of the Project Completion Report for any water system improvements described in Attachment A, Subrecipient shall provide a letter from the TCEQ that the constructed well is approved for interim use and may be temporarily placed into service pursuant to 30 Texas Administrative Code, Chapter 290—Rules and Regulations for Public Water Systems. E. SEWER SYSTEM IMPROVEMENTS Prior to the construction of any sewer system improvements described, Subrecipient shall provide certification that plans, specifications, and related documents for the specified sewer system improvements have been prepared by the engineer selected for such activities, or the engineer's duly authorized representative, and that the review of such plans, specifications, and related documents meet the Texas Commission on Environmental Quality (TCEQ) review requirements described in 30 Texas Administrative Code, Chapter 217, Subchapter D. Further, prior to the construction of any sewer lines or additional service connections described in Attachment A, Subrecipient shall provide notification of the start of construction on any sewer treatment plant of other system-related improvements included in this Contract. F. WASTEWATER TREATMENT CONSTRUCTION Prior to incurring costs for any wastewater treatment construction in Attachment A, Subrecipient shall provide documentation of an approved permit or amendment(s) to an existing permit for such activities from the TCEQ's Water Quality Division. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment E GLO Contract No. 20-066-017-C123 Page 3 of 6 In addition, Subrecipient shall provide documentation to the GLO that an approved new or amended Certificate of Convenience and Necessity (CCN), or equivalent permit or authority for the area to be served has been issued by the TCEQ. G. SEPTIC SYSTEM IMPROVEMENTS (1) Subrecipient shall provide documentation that final plans, specifications, and installation of its septic system improvements have been reviewed and approved by the City or County Health Department through authority granted by the TCEQ. (2) Subrecipient shall mitigate all existing septic systems in accordance with 30 Texas Administrative Code Chapter 285, Subchapter D, §285.36(b), which states, "All tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall have the wastewater removed by a waste transporter, holding a current registration with the executive director. All tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall be filled to ground level with fill material (less than three inches in diameter), which is free of organic and construction debris." (3) Prior to the selection of program recipients for proposed On-Site Sewer Facilities (OSSF), Subrecipient shall provide a copy of its proposed program guidelines to for GLO review. All proposed OSSF programs must meet or exceed guidelines set forth in 30 Texas Administrative Code Chapter 285 Subchapter D. H. BUILDING CONSTRUCTION Subrecipient shall provide documentation that the construction of a new building and facilities are in compliance with the Texas Accessibility Standards (TAS) of the Architectural Barriers Act, Chapter 469, Texas Government Code, and the Texas Department of Licensing and Regulation (TDLR) Architectural Barriers Administrative Rules, 16 Texas Administrative Code, Part 4, Chapter 68. If estimated construction costs exceed Fifty Thousand Dollars ($50,000.00), Construction Documents must be submitted to the Texas Department of Licensing and Regulation (TDLR) for an accessibility plan review. I. BRIDGE CONSTRUCTION/REHABILITATION Subrecipient shall use the minimum design requirements of the Texas Department of Transportation (TxDOT) for bridge construction/rehabilitation. Final plans and specifications must be submitted to TxDOT for review and approval prior to the start of construction, and documentation of such approval must be provided to the GLO. J. DISASTER SHELTERS Subrecipient shall ensure that the primary purpose of the facility, as described in Attachment A, is to serve as a disaster shelter, and shall ensure the facility is operated at all times in a manner that ensures that the priority use is to serve as a disaster shelter regardless of any other scheduled uses or commitments that existed at the time of the disaster or emergency situation. In addition Subrecipient shall prepare or be incorporated into an approved emergency management plan, as prescribed by the Texas Division of Emergency Management, identifying the shelter as a facility that provides short-term lodging for evacuees during and immediately after an emergency situation. Subrecipient shall submit a copy of Subrecipient's Emergency Management Plan Annex for Shelter and Mass Care to the GLO. K. DEBRIS REMOVAL Subrecipient shall ensure that any debris to be removed consists primarily of vegetation, construction and demolition materials from damaged or destroyed structures, and personal DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment E GLO Contract No. 20-066-017-C123 Page 4 of 6 property. Only debris identified as the responsibility of the local jurisdiction will be eligible for the reimbursement of cost of removal. Prior to beginning debris collection operations, Subrecipient shall address all pertinent environmental concerns, adhere to all applicable regulations, and obtain all required permits. Further, Subrecipient shall adhere to the methods described herein for the collection and storage of debris prior to proper disposal. While construction and demolition debris may be collected and disposed of at an appropriately rated landfill, woody and/or vegetative debris must be stored prior to disposal by use of temporary debris storage and reduction sites (TDSR). Subrecipient will prepare and operate the TDSR sites, or local jurisdictions choosing to conduct their own debris operations may review Chapter 7 of the FEMA Debris Management Guide regarding the use of TDSR sites. This document may be obtained at https://www.fema.gov/pdf/government/grant/pa/demagde.pdf. In order to maintain the life expectancy of landfills, Subrecipients disposing of woody and/or vegetative debris must choose burning, chipping, or grinding as the method of disposal. Any project disposing of woody and/or vegetative debris must be approved in writing by the GLO. L. USE OF BONDS Subrecipient must notify the GLO of its issuance and sale of bonds for completion of the project funded under this Contract. M. PROGRAM GUIDELINES Prior to the selection of program beneficiaries, Subrecipient shall provide to the GLO, for GLO review and approval, a copy of its proposed guidelines for the program. The guidelines must meet or exceed to requirements in the Federal Registers. The guidelines must include provisions for compliance with the Federal Fire Prevention and Control Act of 1974 (which requires that any housing unit rehabilitated with grant funds be protected by a hard-wired or battery-operated smoke detector) and provisions for compliance with 24 CFR 35 (HUD lead-based paint regulation). N. AFFORDABILITY PERIODS FOR SINGLE-FAMILY HOUSING REHABILITATION, RECONSTRUCTION, OR NEW CONSTRUCTION ASSISTANCE: For single-family non-rental housing assistance provided by Subrecipient, Subrecipient shall implement the following affordability period: for rehabilitation or reconstruction of housing projects, a minimum three-year affordability period guaranteed by an unsecured forgivable promissory note and for new construction housing projects, a minimum five-year affordability period guaranteed by an unsecured forgivable promissory note. O. UNSECURED FORGIVABLE PROMISSORY NOTE (“NOTE”) An unsecured forgivable promissory note shall be issued at an interest rate of zero-percent (0%). Provided that all terms and conditions contained in the Note continue to be fulfilled, a Note will be forgiven according to the following terms, as applicable, until the applicant fulfills their note requirement (the requirements are defined in the promissory note document ): for a three-year  Subrecipient may establish a longer affordability period at its own discretion. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment E GLO Contract No. 20-066-017-C123 Page 5 of 6 Note, at a rate of 33 percent per year, for the first two years, and 34 percent after the third year; and for a five-year Note, at a rate of 20% per year. (1) If the homeowner occupies the home for the full Note term, the Note expires and no repayment is required, nor will any conditions be imposed relative to the disposition of the property. If any of the terms and conditions under which the assistance was provided are breached or if the property is sold, leased, transferred or vacated by the homeowner for any consecutive thirty (30) day period during the Note term, the repayment provisions of the promissory note and DOT shall be enforced. (2) If, during the Note term, the homeowner vacates the unit for any consecutive thirty (30) day period, the locality may forgive, as evidenced by the program director, city council, or commissioner court action, the remaining loan balance. Prior to forgiveness of all or any portion of the assistance provided, the request for forgiveness must be approved by the local governing body and be based on documented and justifiable conditions or circumstances that would result in an unnecessary hardship to the homeowner and the determination that the national objective of benefiting low to moderate-income persons was met. (3) The national objective will be considered met only when the program director, city council, or county commissioners court determines that a low- to moderate-income person has occupied the rehabilitated or reconstructed home for a time sufficient to meet the national objective. If the national objective was not achieved, Subrecipient is liable for repayment of an amount equal to the difference in the appraised value of the home prior to reconstruction and the sales price when the home is sold during the term of the forgivable Note. (4) If the property is sold or transferred to a person other than an eligible LMI person, the remaining pro-rated balance of the DPL must be repaid by the Subrecipient from the sales proceeds. Notwithstanding the preceding, Subrecipient shall be held liable for any balance remaining over and above the sales proceeds. In all instances, upon completion of the Note or repayment of the assistance (in full or in part), the Subrecipient shall prepare and record a release of lien document in the land records of the applicable county. (5) Monitoring of the Note is performed during and after the grant is closed. Subrecipient must utilize non-CDBG-DR funds to fulfill the monitoring obligations for its impacted recovered community. (6) The subrecipient will maintain a list of homeowners that do not maintain flood insurance as documented in their promissory note. These applicants will not be allowed to received future assistance as outlined in Section B of this document. P. RENTAL HOUSING REHABILITATION, RECONSTRUCTION, OR NEW CONSTRUCTION ASSISTANCE The rental housing assistance will provided be provided in the following forms: for rehabilitation or reconstruction of multi-family rental projects with eight or more units, a minimum fifteen (15) year forgivable loan or grant at zero interest; and for new construction multi-family rental projects with five or more units, a minimum twenty (20) year forgivable loan or grant at zero interest. Provided all terms and conditions under which the assistance was provided continue to be fulfilled, the note will be forgiven at a rate of 5 percent per year until the applicant fulfills their note requirement (the requirements are defined in the promissory note document). The purpose of the program is to facilitate the rehabilitation, reconstruction, and/or new construction of affordable rental housing needs within the service area of the disaster event. A minimum of 51% of the multi-family units must be restricted during the affordability period of DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment E GLO Contract No. 20-066-017-C123 Page 6 of 6 twenty (20) years for low to moderate income (LMI) persons. The rents, at a minimum, must comply with High HOME Investment Partnership (HOME) Rents and other existing Land Use Restriction Agreement (LURA) restrictions if applicable. HOME rent limits are defined by HUD and must equal the lesser of fair market rents or 30% of the adjusted income for people earning 65% of the AMFI. Q. COASTAL MANAGEMENT Subrecipient acknowledges and agrees that any Project that may impact a Coastal Natural Resource Area must be consistent with the goals and policies of the Texas Coastal Management Program as described in 31 Texas Administrative Code, Part 16, Chapter 501. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment F GLO Contract No. 20-066-017-C123 Page 1 of 1 Intake Date Area Identifier Application Intake Date Last Name Middle Name First Name Latitiude (Decimal Degrees) Longitude (Decimal Degrees) Street Address City County Zip Code Colonia Name/Neighb orhood Household Income % Area Median Income LMI Category Race Hispanic (Yes or No) Household Members Under the Age of 18 (Yes or No) Disability (Yes or No) Veteran (Yes or No) Elderly (Yes or No) Female Head Of Household (Yes or No) Applicant Eligibility Status Ineligible or Withdrawn reasons Applicatio n ID Number From GLO NTP Issued Date Project Allocation Project Expensed Promissory Note Date Final InspectionD ate Project Status Applicant Name Damage Address Information AFFH Data Application Status Project Data Housing Monthly Activity Status Report Subrecipient Name Subrecipient Number Report Month and Year GLO Community Development and Revitalization Subrecipient Monthly Activity Status Report - Housing Subrecipient must provide Monthly Activity Status Reporting at the site level for all sites identified in the Performance Statement and Budget (Attachment A) and relevant to the Milestones (Attachment A) therein. The Report is due the first day of each month for the duration of the Contract. Submit the report via email to: DR.Status.Reporting@recovery.texas.gov. Subrecipient: Contract #: Preparer Name: Contact Information: Reporting Month/ Year: DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment G 1. GLO Contract No. 20-066-017-C123 Page 1 of 3 GLO Information Security Appendix for Subrecipients 1. Definitions “Breach of Security” or “Breach” means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information including data that is encrypted if the person accessing the data has the key required to decrypt the data. “GLO Data” means any data or information, which includes PII and/or SPI as defined below, collected, maintained, and created by the GLO for the purpose of providing disaster assistance to individuals, that Provider obtains, accesses (via records, systems, or otherwise), receives (from the GLO or on behalf of the GLO), or uses in the performance of the Contract or any documents related thereto. GLO data does not include other information that is lawfully made available to the Provider through other sources. “Personal Identifying Information” or “PII” means information that alone, or in conjunction with other information, identifies, links, relates, or is unique to, or describes an individual, as defined at Tex. Bus. & Com. Code § 521.002(a)(1). “Sensitive Personal Information” or “SPI” includes information that is not available elsewhere or may harm an individual by being made available as categorized in Tex. Bus. & Com. Code § 521.002(a)(2). SPI does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government. All defined terms found in the Contract shall have the same force and effect, regardless of capitalization. 2. Security and Privacy Compliance 2.1. Provider shall keep all GLO Data received under the Contract and any documents related thereto strictly confidential. 2.2. Provider shall comply with all applicable federal and state privacy and data protection laws, as well as all other applicable regulations and directives. 2.3. Provider shall implement administrative, physical, and technical safeguards to protect GLO Data that are no less rigorous than accepted industry practices including, without limitation, the guidelines in the National Institute of Standards and Technology (“NIST”) Cybersecurity Framework Version 1.1. All such safeguards shall comply with applicable data protection and privacy laws. 2.4. Provider will legally bind any Subcontractors to the same requirements stated herein and obligations stipulated in the Contract and documents related thereto. Provider shall DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment G 1. GLO Contract No. 20-066-017-C123 Page 2 of 3 ensure that the requirements stated herein are imposed on any Subcontractor of Provider’s Subcontractor(s). 2.5. Provider will not share GLO Data with any third parties. 2.6. Provider will ensure that initial privacy and security training, and annual training thereafter, is completed by its employees or Subcontractors that have access to GLO Data or who create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise personally handle PII and/or SPI on behalf of the agency. Provider agrees to maintain and, upon request, provide documentation of training completion. 2.7. Any GLO Data maintained or stored by Provider or any Subcontractor must be stored on servers or other hardware located within the physical borders of the United States and shall not be accessed outside of the United States. 3. Data Ownership and Return of Data 3.1. The GLO shall retain full ownership of all GLO data, which includes PII and/or SPI, disclosed to Provider or to which the Provider otherwise gains access by operation of the Contract or any agreement related thereto. 3.2. If, at any time during the term of the Contract or upon termination of the Contract, whichever occurs first, any part of the GLO data, in any form, provided to Provider ceases to be necessary for Provider’s performance under the Contract, Provider shall within fourteen (14) days thereafter securely return such GLO data to the GLO, or, at the GLO’s written request, destroy, uninstall, and/or remove all copies of data in Provider’s possession or control and certify to the GLO that such tasks have been completed. If such return is infeasible, as mutually determined by the GLO and Provider, the obligations set forth in this Attachment, with respect to GLO Data, shall survive termination of the Contract and Provider shall limit any further use and disclosure of GLO Data. 4. Data Mining 4.1. Provider agrees not to use GLO Data for unrelated commercial purposes, advertising or advertising-related services, or for any other purpose not explicitly authorized by the GLO in this Contract or any document related thereto. 4.2. Provider agrees to take all reasonably feasible physical, technical, administrat ive, and procedural measures to ensure that no unauthorized use of GLO Data occurs. 5. Breach of Security 5.1. Provider agrees to provide the GLO with the name and contact information for an employee of the Provider which shall serve as the GLO’s primary security contact. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment G 1. GLO Contract No. 20-066-017-C123 Page 3 of 3 5.2. Upon discovery of a Breach of Security or suspected Breach of Security by the Provider, the Provider agrees to notify the GLO as soon as possible upon discovery of the Breach of Security or suspected Breach of Security, but in no event shall notification occur later than 24 hours after discovery. Within 72 hours, the Provider agrees to provide, at minimum, a written preliminary report regarding the Breach or suspected Breach to the GLO with root cause analysis including a log detailing the data affected. 5.3. The initial notification and preliminary report shall be submitted to the GLO Information Security Officer at informationsecurity@glo.texas.gov. 5.4. Provider agrees to take all reasonable steps to immediately remedy a Breach of Security and prevent any further Breach of Security. 5.5. Provider agrees that it shall not inform any third party of any Breach of Security or suspected Breach of Security without obtaining GLO’s prior written consent. 5.6. If the Breach of Security includes SPI, including Social Security Numbers, payment card information, or health information, the Provider agrees to provide affected individuals complimentary access for one (1) year of credit monitoring services. 6. Right to Audit 6.1. Upon the GLO’s request and to confirm Provider’s compliance with this Attachment, Provider grants the GLO, or a GLO-contracted vendor, permission to perform an assessment, audit, examination, investigation, or review of all controls in the Provider’s, or Provider’s Subcontractor’s, physical and/or technical environment in relation to GLO Data. Provider agrees to fully cooperate with such assessment by providing access to knowledgeable personnel, physical premises, documentation, infrastructure, and application software that stores, processes, or transports GLO Data. In lieu of a GLO-conducted assessment, audit, examination, investigation, or review, Provider may supply, upon GLO approval, the following reports: SSAE16, ISO/ICE 27001 Certification, FedRAMP Certification, and PCI Compliance Report. Provider shall ensure that this clause concerning the GLO’s authority to assess, audit, examine, investigate, or review is included in any subcontract it awards. 6.2. At the GLO’s request, Provider agrees to promptly and accurately complete a written information security questionnaire provided by the GLO regarding Provider’s business practices and information technology environment in relation to GLO Data. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment H GLO Contract No. 20-066-017-C123 Page 1 of 2 P.L. 113-2 Contract Reporting Template Grantees are to use this template to summarize all procured contracts, including those procured by the grantee, recipients, o r subrecipients. For the purposes of this requirement, recipients and subrecipients are def ined as any entity receiving funds directly from the grantee. Definitions of each field can be found below. Grantees are to update and upload this template to their website and to DRGR using the Lead Agency's Administration activity each quarter as part of their QPR submissions by selecting the “add additional documents” link in page 1 of the edit activity screen. Please note the specific activity title and number where the template has been uploaded within the QPR's Overall Progress narrative. Please conta ct your CDP representative with any questions about the requirements pertaining to this template or submit a question to https://www.onecpd.info/get -assistance/my-question/ for DRGR technical assistance. Data Fields: Grantee Enter grantee title as displayed in DRGR system. Grant Number Enter grant number as displayed in DRGR system. Date Updated Enter date template last updated. A. Contractor Name Enter name of Contracted Party B. DUNS Number Enter Data Universal Numbering System number of the Contractor. Note: Entering the DUNS into this template does not fulfill the requirement for grantees to enter DUNS into the DRGR Action Plan at the activity level. Refer to the Notice published July 11, 2014 for more information on this seperate requirement. C. Procured by Enter name of entity that procured Contract - HUD grantee (state or local government), partner agency, a subrecipient of a state or local government, or a recipient of a state g overnment. D. Contract Execution Date Enter date the Contract was executed. E. Contract End Date Enter date the Contract will expire. F. Total Contract Amount Enter total amount of executed Contract. G. Amount of CDBG-DR Funds Enter amount of CDBG-DR funds from this grant used to fund the Contract. H. Brief Description of Contract Enter a brief, one sentence description of the purpose of the Contract. To insert additional ROWS, go to HOME menu, and select INSERT from the top left. Instructions 9/10/2019 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment H GLO Contract No. 20-066-017-C123 Page 2 of 2 P.L. 113-2 Contract Reporting Template Grantee: Grant Number: Date Updated: A. Contractor Name B. DUNS Number C. Procured By D. Contract Execution Date E. Contract End Date F. Total Contract Amount G. Amount of CDBG-DR Funds H. Brief Description of Contract Example: South Texas Landscaping, INC XXX-XXX State of Texas 6/15/2013 6/15/2014 $3,500,000 $3,000,000 Long term recovery from wildfires of 2011 - Drainage Projects *See Instructions tab for additional guidance on template elements. Reporting of Contractors 9/10/2019 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E SUPPORTING DOCUMENTS DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Open Market Requisition X0020402 Status: 1RRP - Ready for Purchasing General Items Vendors Address Accounting Routing Attachments(6)Notes(2)Reminders Header Information Requisition Number:X0020402 Short Description:Harvey 5B Local Buyo0ut CBCOG Corpus Christi 20-066-017-C123 Status:1RRP - Ready for Purchasing Organization:Texas General Land Office and Veterans Land Board Department:26000 - Community Development and Revitalization Location:26104 - Housing - Subrecipients Required By Date: Entered Date:10/23/2019 Requisition Type:Open Market Type Code: Requestor:Susan Morgan Purchaser:Mahsa Azadi Fiscal Year:2020 Contact:Susan Morgan Contact Phone:(512)475-5094 Alternate ID:20-066- 017-C123 Estimated Cost:$1,319,559.00 Print Format:Requisition print form Solicitation Enabled:No Invoice Method: Three Way Match P-Card Desired:No Ship-to Address:Texas General Land Office and Veterans Land Board Stephen F Austin Building 1700 North Congress Ave Room B-30 Contact Name: Chris Symons Austin, TX 78701-1495 USA Email: chris.symons@glo.texas.gov Phone: (512)463-8264 Bill-to Address:Texas General Land Office Commuity Development and Revitalization Contact Name: Bonnie Kuhles PO Box 12873 Austin, TX 78711-2873 USA Email: DR.Billing@glo.texas.gov Phone: (512)475-5095 Notes: Name - CORPUS CHRISTI TIN - 17460005741 DUNS - 0694577860 Interim City Manager Keith Selman 1201 Leopard Corpus Christi, Texas 78401 361-826-3220 keithse@cctexas.com Project contract: Judy Langford 512-452-0432 judy@lcmsinc.com NAME: Corpus Christi AMOUNT: $1,319,559.00 DESCRIPTION: NEW GLO Contract 20-066-017-C123 FUNDING: Hurricane Harvey Buyout EFFECTIVE DATE: Upon date of last signature END DATE: 2 years from date of last signature JUSTIFICATION: Hurricane Harvey Buyout ASSOCIATED AMENDMENTS: NONE GRANT MANAGER: Natasha Valentine Summary Vendor Validation Warnings No recommended vendor. Item # 1: No vendor, and there is no recommended vendor at header level. Search...Advanced.Catalog + Current Org: Texas General Land Office and Veterans Land Board   |   November 4, 2019 11:24:43 AM CST Page 1 of 3BuySpeed Online 11/4/2019https://buy.glo.texas.gov/bso/requisition/reqSummary.sdo?docId=X0020402&mode=initial DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachments   Agency Files: CorpusChrisi Buyout 424 Form.pdf CorpusChristi-HVBP_DRGRBudget_NV_2019-10-22.pdf Coastal Bend COG MOD Summary Page~3.pdf Corpus Christi-HVBP_FNL-AttA_NV_2019-10-22.docx Corpus Christi Duns.pdf RE_Contract_ New BSO Request HV1 Corpus Christi Buyout.pdf Agency Forms: Vendor Files: Vendor Forms: Item Information  Approval Paths Approval Path - DIR26104 - ( Housing Subrecipient Director Approval ) Delete Order Sequence Approver Alternate Approver Level Date Requested Date Action Comments 1 Cynthia Hudson Esmeralda Sanchez 1 10/23/2019 04:03 PM 10/25/2019 09:02 AM Approved (Cynthia Hudson) Approval Path - DEP26000 - ( Community Development and Revitalization Deputy Approval ) Delete Order Sequence Approver Alternate Approver Level Date Requested Date Action Comments 2 Heather Lagrone Jet Hays 1 10/25/2019 09:02 AM 10/31/2019 02:23 PM Approved (Adrienne Green) Approval Path - CDR26000 - ( CDR Finance Approval ) Delete Order Sequence Approver Alternate Approver Level Date Requested Date Action Comments 3 Jeffrey Jandt Bonnie Kuhles 1 10/31/2019 02:23 PM 11/01/2019 03:39 PM Approved (Jeffrey Jandt) Approval Path - BUDGET - ( Budget Approval ) Delete Order Sequence Approver Alternate Approver Level Date Requested Date Action Comments Search...Advanced.Catalog + Current Org: Texas General Land Office and Veterans Land Board   |   November 4, 2019 11:24:43 AM CST Page 2 of 3BuySpeed Online 11/4/2019https://buy.glo.texas.gov/bso/requisition/reqSummary.sdo?docId=X0020402&mode=initial DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E 4 Kevin Wallace Adel Barrientos Amy Minor Gayle Eiben Jason Storey Paul Botello Sarah Clawson Susan Dow Valerie Hooper 1 11/01/2019 03:39 PM 11/01/2019 03:46 PM Approved (Kevin Wallace) 5 Angie Williams Brent McNguyen 2 11/01/2019 03:46 PM 11/01/2019 04:00 PM Approved (Angie Williams) Approval Path - CHIEF - ( CHIEF Clerk Approval ) Delete Order Sequence Approver Alternate Approver Level Date Requested Date Action Comments 6 David Repp Warren Collier 1 11/01/2019 04:00 PM 11/04/2019 09:01 AM Approved (David Repp) 7 Mark Havens 2 11/04/2019 09:01 AM 11/04/2019 10:13 AM Approved (Mark Havens) Approval Path - PROCURE - ( Procurement Approval ) Delete Order Sequence Approver Alternate Approver Level Date Requested Date Action Comments 8 Suzanne Loy 1 11/04/2019 10:13 AM 11/04/2019 10:21 AM Approved (Kenneth Maze) Cancel Requisition Clone Requisition Print Copyright © 2019 Periscope Holdings, Inc. - All Rights Reserved. default Search...Advanced.Catalog + Current Org: Texas General Land Office and Veterans Land Board   |   November 4, 2019 11:24:43 AM CST Page 3 of 3BuySpeed Online 11/4/2019https://buy.glo.texas.gov/bso/requisition/reqSummary.sdo?docId=X0020402&mode=initial DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Total Required Required Required Required Required Required City, County or Eligible Entity Allocation Percentage of Allocation Allocation Percentage of Allocation Total Allocation Percentage of Total Regional Allocation 70% Low-to-Moderate Income Benefit Requirement Most Impacted HUD Aransas County $1,666,063 4.85%53,860,274.00 42.81%$55,526,337 34.66%$38,868,436 City of Rockport $7,586,624 22.07%8,320,696.00 6.61%$15,907,320 9.93%$11,135,124 City of Fulton $1,148,014 3.34%4,759,465.00 3.78%$5,907,479 3.69%$4,135,235 Nueces County $1,307,268 3.80%4,644,430.59 3.69%$5,951,698 3.72%$4,166,189 City of Port Aransas $2,831,316 8.24%4,930,189.98 3.92%$7,761,506 4.85%$5,433,054 City of Corpus Christi $1,319,559 3.84%7,234,755.43 5.75%$8,554,314 5.34%$5,988,020 City of Robstown 0.00%100,000.00 0.08%$100,000 0.06%$70,000 City of Bishop 0.00%100,000.00 0.08%$100,000 0.06%$70,000 City of Petronila 0.00%100,000.00 0.08%$100,000 0.06%$70,000 San Patricio County $1,590,140 4.63%2,037,215.00 1.62%$3,627,355 2.26%$2,539,148 City of Sinton 0.00%475,228.00 0.38%$475,228 0.30%$332,660 City of Mathis 0.00%100,000.00 0.08%$100,000 0.06%$70,000 City of Odem 0.00%432,863.00 0.34%$432,863 0.27%$303,004 City of Portland 0.00%2,540,072.00 2.02%$2,540,072 1.59%$1,778,050 City of Gregory 0.00%100,000.00 0.08%$100,000 0.06%$70,000 City of Taft 0.00%283,664.00 0.23%$283,664 0.18%$198,565 City of Aransas Pass $2,795,919 8.13%10,696,302.00 8.50%$13,492,221 8.42%$9,444,555 City of Ingleside $1,215,968 3.54%1,954,326.00 1.55%$3,170,294 1.98%$2,219,206 City of Ingleside on the Bay 0.00%100,000.00 0.08%$100,000 0.06%$70,000 Town of Refugio $6,039,685 17.57%$6,039,685 3.77%$4,227,780 Most Impacted State Kleberg County $1,384,055 4.03%$1,384,055 0.86%$968,839 Jim Wells County $1,320,559 3.84%$1,320,559 0.82%$924,391 Refugio County $2,510,786 7.30%11,957,845.00 9.51%$14,468,631 9.03%$10,128,042 Town of Refugio 8,419,112.00 6.69%$8,419,112 5.26%$5,893,378 Town of Woodsboro 1,245,322.00 0.99%$1,245,322 0.78%$871,725 Town of Austwell 591,701.00 0.47%$591,701 0.37%$414,191 Town of Bayside 720,132.00 0.57%$720,132 0.45%$504,092 Bee County $1,659,739 4.83%100,645.00 0.08%$1,760,384 1.10%$1,232,269 $34,375,695 100.00%125,804,238.00 100.00%$160,179,933 100.00%$112,125,953 Low-to- Moderate Income Benefit Requirement COG: Coastal Bend Council of Governments Required Local Buyout and Acquisition Program Local Infrastructure Program Discussion Draft Based on IA Claims, Vulnerability Index, and Unmet Needs DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Certificate Of Completion Envelope Id: C255D45319664528AA27363F1B1A591E Status: Completed Subject: $1.3M Contract 20-066-017-C123 - City of Corpus Christi (Texas GLO) Source Envelope: Document Pages: 62 Signatures: 4 Envelope Originator: Certificate Pages: 6 Initials: 6 Amy Navarro AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1700 Congress Ave Austin, TX 78701 Amy.Navarro@glo.texas.gov IP Address: 204.65.210.35 Record Tracking Status: Original 12/3/2019 12:04:09 PM Holder: Amy Navarro Amy.Navarro@glo.texas.gov Location: DocuSign Signer Events Signature Timestamp Ginger Mills Ginger.Mills@glo.texas.gov Attorney Texas General Land Office, Office of General Counsel Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 204.65.210.79 Sent: 12/3/2019 12:24:28 PM Resent: 12/3/2019 12:45:26 PM Resent: 12/3/2019 1:59:49 PM Viewed: 12/4/2019 1:30:51 PM Signed: 12/4/2019 1:47:23 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Natasha Valentine natasha.valentine.glo@recovery.texas.gov Texas General Land Office Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 204.65.210.101 Sent: 12/4/2019 1:47:27 PM Viewed: 12/4/2019 2:41:36 PM Signed: 12/4/2019 2:42:38 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Heather Lagrone heather.lagrone.glo@recovery.texas.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 107.77.219.170 Signed using mobile Sent: 12/4/2019 2:42:42 PM Viewed: 12/4/2019 6:48:54 PM Signed: 12/11/2019 7:30:25 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Greg Pollock greg.pollock@glo.texas.gov Senior Deputy Director Texas General Land Office Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 107.77.219.149 Signed using mobile Sent: 12/11/2019 7:30:30 AM Viewed: 12/11/2019 7:37:54 AM Signed: 12/11/2019 7:38:12 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Marc Barenblat marc.barenblat@glo.texas.gov Deputy General Counsel Texas General Land Office Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 104.15.130.4 Sent: 12/11/2019 7:38:16 AM Viewed: 12/11/2019 8:22:29 AM Signed: 12/11/2019 8:31:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeff Gordon jeff.gordon@glo.texas.gov General Counsel Texas General Land Office Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 204.65.210.61 Sent: 12/11/2019 8:31:06 AM Viewed: 12/11/2019 8:39:51 AM Signed: 12/11/2019 8:39:58 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Keith Selman KeithSe@cctexas.com Assistant City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 165.225.34.228 Sent: 12/11/2019 8:40:04 AM Resent: 12/16/2019 8:58:42 AM Resent: 12/27/2019 10:48:11 AM Resent: 1/6/2020 8:55:33 AM Resent: 1/9/2020 9:32:38 AM Viewed: 1/9/2020 9:50:27 AM Signed: 1/9/2020 9:58:16 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark A. Havens Mark.Havens@GLO.TEXAS.GOV Chief Clerk and Deputy Land Commissioner Texas General Land Office Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 204.65.210.46 Sent: 1/9/2020 9:58:21 AM Viewed: 1/10/2020 1:28:41 PM Signed: 1/10/2020 1:28:44 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp BSO Team bsorequests@recovery.texas.gov Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/3/2019 12:24:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Drafting Requests draftingrequests@GLO.TEXAS.GOV Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/3/2019 12:24:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kelly McBride kelly.mcbride@glo.texas.gov Director of Contract Management Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/3/2019 12:24:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Lawley Mark.Lawley@glo.texas.gov Compliance Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/3/2019 12:24:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign LaTanya Logan LaTanya.Logan@glo.texas.gov Contract Specialist III Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/3/2019 12:24:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mahsa Azadi Mahsa.Azadi@glo.texas.gov Contract Specialist Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/3/2019 12:24:27 PM Viewed: 1/10/2020 1:40:36 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Matthew Anderson matthew.anderson.glo@recovery.texas.gov Security Level: Email, Account Authentication (None) Sent: 12/4/2019 1:47:27 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounting Team DR.SystemAccess@glo.texas.gov Security Level: Email, Account Authentication (None) Sent: 12/4/2019 1:47:28 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Cynthia Hudson cynthia.hudson.glo@recovery.texas.gov Infrastructure Manager Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/4/2019 1:47:28 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Trey Bahm Trey.Bahm.GLO@recovery.TEXAS.GOV Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/4/2019 2:42:42 PM Viewed: 12/4/2019 2:44:43 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Diane Hill-Smith diane.hill-smith.glo@recovery.texas.gov Security Level: Email, Account Authentication (None) Sent: 12/11/2019 7:30:30 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Stephanie Crenshaw stephanie.crenshaw@glo.texas.gov Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/11/2019 8:31:06 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Esmeralda Sanchez Esmeralda.Sanchez@glo.texas.gov Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/11/2019 8:40:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Commissioner George P. Bush GeorgeP@glo.texas.gov Commissioner, General Land Office Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/11/2019 8:40:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Judy Langford judy@lcmsinc.com President Langford Community Management Services, Inc. Security Level: Email, Account Authentication (None) Sent: 12/11/2019 8:40:04 AM Viewed: 12/11/2019 9:35:37 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Gregory Rankin gregory.rankin@glo.texas.gov Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 1/10/2020 1:28:49 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign HUB HUB@glo.texas.gov Security Level: Email, Account Authentication (None) Sent: 1/10/2020 1:28:49 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Angie Williams Angie.Williams@glo.texas.gov Interim Director, Budget and Planning Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 1/10/2020 1:28:51 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Martin Rivera Jr martin.rivera.glo@recovery.texas.gov Deputy Director,M&Q Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 1/10/2020 1:28:52 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Pamela Mathews pamela.mathews.glo@recovery.texas.gov Program Integration Director Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 1/10/2020 1:28:54 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Denise Hall denise.hall.glo@recovery.texas.gov Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 1/10/2020 1:28:54 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Michelle Esper-Martin michelle.espermartin.glo@recovery.texas.gov Security Level: Email, Account Authentication (None) Sent: 1/10/2020 1:28:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/10/2020 1:28:55 PM Certified Delivered Security Checked 1/10/2020 1:28:55 PM Signing Complete Security Checked 1/10/2020 1:28:55 PM Completed Security Checked 1/10/2020 1:28:55 PM Payment Events Status Timestamps Council Presentation February 9, 2021 Acceptance of Community Development Block Grant-Disaster Recovery (CDBG-DR) Grant and Voluntary Buyout Program 1 2 CDBG-DR •Grant is available through the Texas General Land Office (GLO), through its Community Development and Revitalization Program. •Post Hurricane Harvey, the City of Corpus Christi applied for a CDBG-DR Grant on 1/15/2019. •City of Corpus Christi awarded $1,319,559.00 on 1/9/20. •Creation of a 1-year Voluntary Buyout Program (VBP) to identify and buy out the most impacted areas within the city limits. •The City is proposing areas impacted by Harvey that have been designated as target buyout areas. 3 CDBG-DR continued •Draft VBP Guidelines approved by GLO on 5/19/20 •Public Comments period published on 9/6/2020 and again on 9/27/20 – Four (4) received •Final VBP Guidelines approved on 12/27/20 •5-10 residential structures •Voluntary buyout and Demolition of the residential structure •Project sites to be maintained as green space/floodways 4 Repetitive Loss/Severe Repetitive Loss 5 VBP Objectives • Efficiently remove repetitive loss, severe repetitive loss, and otherwise vulnerable housing from regulatory floodways while assisting homeowners with the process of purchasing safe replacement homes outside of the areas of hazard. • Prioritize households in which members are under the age of 18, female heads of household, elderly and disabled households, households which are LMI income eligible, and/or Veteran populations while affirmatively furthering fair housing. • Emphasize replacement housing choices and designs to reduce maintenance and insurance costs, as well as provide the provision of independent living options. 6 VBP Schedule Date Action 9/1/2020 Program Guidelines Posted for Public Comment 10/15/2020 Program Guideline Public Comment Period Closed 1/26/2021 Open Application Intake 3/15/2021 Close of Application Intake 4/30/2021 Proposed Date for Initiation of Offers 5/30/2021 Proposed Date of Offer Acceptance Deadline 7/31/2021 Proposed Date of Closing Deadline 9/30/2021 Proposed Date for Demolition Deadline 11/30/2021 Proposed Date for Housing Incentive Deadlines 12/13/2021 Proposed Date to Close Out All Activities 7 Next Steps •Acceptance of the CDBG-DR grant in the amount of $1,319, 559.00 •Adoption and adherence of the final City of Corpus Christi VBP Guidelines approved by the GLO on 12/27/20 and •Designation of authorized signatories for contractual and financial documents pertaining to Grant contract No. 20-066- 017-C123. •VBP application commencement. 8 Questions ? DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management Charlesm2@cctexas.com (361) 826-1941 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Ordinance recommending a three-month service agreement with DARPRO Commercial Construction, LLC, Corpus Christi, Texas, for an amount not to exceed $62,500.00 for renovation of Fleet Division restroom, effective upon notice to proceed, with FY 2021 funding available through the Fleet Maintenance Service Fund. SUMMARY: This item recommends a three-month service agreement to add a single ADA accessible women’s restroom and renovate the men’s restroom on the first floor of the Administrative and Light Equipment Building located at the Fleet Division, Asset Management Department. BACKGROUND AND FINDINGS: The Asset Management Department desires to add a single ADA accessible women’s restroom and renovate the men’s restroom located on the first floor at the Light Equipment Building of the Fleet Division, Asset Management Department. There are no female restrooms on the first floor. This work will take place within the existing men’s restroom footprint, including access to women’s restroom from the corridor. The ADA compliant renovations of the existing first floor men’s restroom will provide a new women’s restroom and a renovated men’s restroom with related mechanical, electrical and plumbing upgrades. This renovation is necessary to provide accessible restroom accommodation’s for men and women. Restroom Renovations for Fleet Division, Asset Management Department AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting February 9, 2021 Second Reading Ordinance for the City Council Meeting February 16, 2021 The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for a new contract. The City received seven bids; two bids were non-responsive. Staff is recommending award to the lowest, responsible bidder, DARPRO Commercial Construction, LLC. ALTERNATIVES: The alternative to accepting this bid would be to perform all the repairs in -house, which would generate an excessive workload for the Asset Management Department. FISCAL IMPACT: The fiscal impact for the Asset Management Department in FY 2021 is $62,500.00 for this three-month service agreement. FUNDING DETAIL: Fund: 5110 Fleet Maint Svc Organization/Activity: 40170 Fleet Operation Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this Ordinance recommending a three-month agreement with DARPRO Commercial Construction, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Page 1 of 2 Ordinance recommending a three-month service agreement with DARPRO Commercial Construction, LLC, Corpus Christi, Texas, for an amount not to exceed $62,500.00 for renovation of Fleet Division restroom, effective upon notice to proceed, with FY 2021 funding available through the Fleet Maintenance Service 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 restroom renovations for the Fleet Department, in response to Request for Bid (“RFB”) No.3298 of which only the lowest responsive, responsible bidder may be awarded the agreement; WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for RFB No.3298 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the apparent low bidder, M.C.A Roofing Construction, has a history of poor performance as shown through its references, and therefore, is deemed nonresponsible; WHEREAS, another bidder, Rocking H Contractors, failed to provide all documents and information required by the RFB, and therefore, is deemed non - responsive; and WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for renovation of Fleet Department restroom is DARPRO Commercial Construction, LLC, of Corpus Christi, Texas, for an amount not to exceed $62,500.00; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this ordinance. Section 2. The City Council finds that DARPRO Commercial Construction, LLC, is the lowest responsive, responsible bidder for renovation of Fleet Department restroom and is awarded a contract for an amount not to exceed $62,500.00. Page 2 of 2 Section 3. The City Manager, or designee, is authorized to execute a three-month service agreement with DARPRO Commercial Construction, LLC, Corpus Christi, Texas, for an amount not to exceed $62,500.00 for renovation of fleet department restroom . That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 202 1, by the following vote: Paulette M. Guajardo ________________ John Martinez ______________ Roland Barrera ________________ Ben Molina ______________ Gil Hernandez ________________ Mike Pusley ______________ Michael Hunter ________________ Greg Smith ______________ Billy Lerma ________________ 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 _________________, 202 1. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DARPRO Commercial Construction - Corpus Christi, Tx. STBP, Inc. dba South Texas Building Partners - Corpus Christi, Tx. Gourley Contractors, LLC - Corpus Christi, Tx. Progressive Structures, Inc. - Corpus Christi, Tx. SpawGlass Contractors, Inc. - Corpus Christi, Tx. ITEM Description Qty Unit Price Price Total Price Total Price Total Price Total Price Total 1 Fleet Department Light Equipment Restroom Renovations as mentioned in the Scope of Work and Drawings attached. 1 Lump Sum Price $ 62,500.00 $ 78,230.00 $ 88,380.00 $ 98,722.00 $ 110,660.00 *Rocking H Contractors - Alice, Tx. **M.C.A. Roofing Construction - Corpus Christi, Tx. ITEM Description Qty Unit Price Price Total Price Total 1 Fleet Department Light Equipment Restroom Renovations as mentioned in the Scope of Work and Drawings attached. 1 Lump Sum Price non-responsive $ 45,000.00 *Non-Responsive - vendor did not submit a complete bid. ** References had negative information. City of Corpus Christi Contracts and Procurement Department Senior Buyer : Cynthia Perez Bid Tabulation RFB # 3298 Restroom Renovations for Fleet Department Service Agreement Standard Form Page 1 of 8 SERVICE AGREEMENT NO. 3298 Restroom Renovations for Fleet Department THIS Restroom Renovations for Fleet Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and DARPRO Commercial Construction, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Restroom Renovations for Fleet Department in response to Request for Bid/Proposal No. 3298 (“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 Restroom Renovations for Fleet Department (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. This Agreement is for three months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $62,500.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 2 of 8 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: Romy Greaves Department: Asset Management Phone: (361) 826-3645 Email:RomyG@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 3 of 8 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. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 4 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Romy Greaves Title: Architect Address: 5352 Ayers St., Bldg 3A, Corpus Christi, Texas 78415 Phone: (361) 826-3645 Fax:(361) 826-1989 IF TO CONTRACTOR: DARPRO Commercial Construction, LLC Attn: Darryl a. Prosek Title: Managing Partner Address: P.O. Box 18278, Corpus Christi, Texas 78480-8278 Phone: (361) 939-1111 Fax: (361) 937-6003 DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 5 of 8 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 6 of 8 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. 23. Payment of Prevailing Wage Rates. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established in the wage determination attached hereto as Attachment E as required by Texas Government Code Chapter 2258. Contractor and its Subcontractors are required to pay laborers and mechanics an overtime rate of not less than one and one- half times the basic rate for all hours worked in excess of forty hours in a given work week. 24. 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). 25. 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. 26. 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. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 7 of 8 27. 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. 28. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 8 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Interim Assistant Director of Contracts and Procurement Date: _________________________ APPROVED AS TO LEGAL FORM: _______________________________________________________ Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Wage Rate Determination Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3298 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Darryl Prosek 2/2/2021 Managing Partner Revised 09.04.20 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide renovation services for the Fleet Department Light Equipment Restroom. The location is: 5352 Ayers St., Building 3B, Corpus Christi, Texas 78415. 1.2 Scope of Work A. The Contractor shall have enough responsible, trained personnel qualified to provide the required services. B. The Contractor shall furnish labor, supervision, parts, supplies, materials, tools, equipment, and transportation necessary to perform the renovation services. C. All work performed must be accomplished in a manner that meets all applicable specification, trade standards and provisions, and federal, state and local codes and regulations. D. Renovations 1.Architectural - Refer to the drawings in the Attachment A-1 for all details related to the Scope of Work to complete the work describe below: a.Contractor will remove walls to provide space to conform to ADA requirements. This will include the existing chase wall behind the urinals and water closets as well as the dividing wall between the restroom and a narrow closet. b.Contractor will remove the existing floor tile and replace with new ceramic floor tile in both restrooms. c.Contractor shall provide new wall construction which will be metal framed with gypsum board and fiberglass reinforced plastic (FRP) finish. d.Contractor will install 2’x2’ waterproof ceiling tile and grid. e.Contractor will cut a new door into the existing wall for the men’s restroom. f.Contractor shall provide rough-in for future hand dryers. g.Contractor will provide typical toilet accessories, conforming to ADA standards. h.Contractor shall provide new restroom partitions that are 1-inch solid plastic. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Revised 09.04.20 i.Contractor shall paint and patch all wall surfaces. 2.MEP - Refer to the drawings in the Attachment A-1 for all details related to the Scope of Work to complete the work describe below: a.Contractor shall replace plumbing fixtures with new fixtures and modify existing plumbing stacks for the new layout. b.Contractor shall provide a single exhaust fan like the existing and discharge to the crawl space matching current conditions. The exhaust fan shall be interlocked with the corridor lights so that it will run during occupied hours even when the restroom lights are off. c.Existing supply air will remain in the women’s restroom. The Contractor shall supply the men’s restroom with a sound attenuated transfer duct from the adjacent office space. d.Contractor shall replace the light fixtures. 1.3 Bonds and Invoicing A. A Payment bond shall be provided for work over $50,000 and a performance bond for work over $100,000. The bonds shall be for 100% of the contract value. B. The Contractor shall submit invoice for services to the City as allowed by contract. The Invoices shall include: 1.Work description, Purchase Order Number (PO#), Service Agreement Number, Location and date of Service and labor hours. 2.Invoices shall be sent as follows: original copy to Accounts Payable with a copy to facilitymaintenanceinvoicing@cctexas.com and to the Contract Administrator. 3.The Contractor shall include copies of Work order and Contractor Information Checklist (CIC) provided by Project Manager or designee. This is used as back- up for the invoice. Approval for payment shall be authorized by the Contract Administrator or Project Manager. 1.4 Special Instructions A. Contractor shall report to the Project Manager or designee at the location upon arrival. B. Any unauthorized changes or services performed by the Contractor, will be at the responsibility of the Contractor and not Asset Management-Facility Maintenance. C. The Contractor shall clean and haul away all debris. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Revised 09.04.20 D. The Contractor shall commence work no more than 15 days from date of notice to proceed and complete the work within 60 days after commencing. E. After completion of inspection, Contractor shall report back to the Project Manager or designee. 1.5 Warranty A. Covered warranty on new installation shall be one year or better for all labor and material. B. Warranty on all repairs shall be one year or better for all labor and materials. Any additional service call to repair deficiencies previously addressed, will not be considered for payment. 1.6 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Revised 09.04.20 Page 22 of 23 Attachment A-1 Plans/Drawings DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 City of Corpus ChristiPROJECT # Fleet Women'sRestroom DesignWKMC Architects, Inc. JOB SITE20256A909 S. Tancahua St. Corpus Christi, Texas 361-887-6696ATTSXETEFO S A HER B GMORRISONIII18217REGIS T EREDARCHITECTDocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 ATTSXETEFO S A HER B GMORRISONIII18217REGIS T EREDARCHITECTTHE CITY DESIRES TO ADD A SINGLE ADA ACCESSIBLE WOMEN’S RESTROOM ON THE FIRST FLOOR OF THE FLEET BUILDING ANDWITHIN THE EXISTING MEN’S RESTROOM FOOTPRINT INCLUDING ACCESS TO SAID ACCESSIBLE WOMEN’S RESTROOM FROM THECORRIDOR; AND ADA COMPLIANT RENOVATIONS OF THE EXISTING 1ST FLOOR MEN’S ROOM INCLUDING A NEW SEPARATE ENTRYWITH RELATED MECHANICAL, ELECTRICAL AND PLUMBING DESIGN OWNED BY THE CITY OF CORPUS CHRISTI.THE SCOPE OF WORK INCLUDES THE FOLLOWING IN ACCORDANCE WITH CONTRACT DOCUMENTS PROVIDED:ARCHITECTURAL:• IN ORDER TO PROVIDE SPACE TO CONFORM TO ADA REQUIREMENTS, WALLS WILL BE REMOVED. THIS WILL INCLUDE THEEXISTING CHASE WALL BEHIND THE URINALS AND WATER CLOSETS AS WELL AS THE DIVIDING WALL BETWEEN THERESTROOM AND A NARROW CLOSET.• THE EXISTING FLOOR TILE IS TO BE REMOVED AND REPLACED WITH NEW CERAMIC FLOOR TILE IN BOTH RESTROOMS.• NEW WALL CONSTRUCTION WILL BE METAL STUD FRAMED WITH GYPSUM BOARD AND FIBERGLASS REINFORCED PLASTIC (FRP)FINISH.• CEILINGS WILL REMAIN EXPOSED CONCRETE DECK.• A NEW DOOR WILL BE CUT INTO THE EXISTING WALL FOR THE MEN’S RESTROOM.•ROUGH-IN FOR FUTURE HAND DRYERS WILL BE INCLUDED.•TYPICAL TOILET ACCESSORIES WILL BE PROVIDED, CONFORMING TO ADA STANDARDS.•NEW RESTROOM PARTITIONS WILL BE 1-INCH SOLID PLASTIC.•ALL WALL AND CEILING SURFACES WILL BE PATCHED AND PAINTED.MECHANICAL/ELECTRICAL/PLUMBING (MEP):• PLUMBING FIXTURES WILL BE REPLACED NEW. EXISTING PLUMBING STACKS WILL BE MODIFIED FOR NEW LAYOUT.• A SINGLE EXHAUST FAN SIMILAR TO THE EXISTING AND DISCHARGE TO THE CRAWL SPACE MATCHING CURRENTCONDITIONS. THE EXHAUST FAN SHALL BE INTERLOCKED WITH THE CORRIDOR LIGHTS SO THAT IT WILL RUN DURINGOCCUPIED HOURS EVEN WHEN THE RESTROOM LIGHTS ARE OFF.• EXISTING SUPPLY AIR WILL REMAIN IN THE WOMEN’S RESTROOM. THE MEN’S RESTROOM WILL BE SUPPLIED BY ASOUND ATTENUATED TRANSFER DUCT FROM THE ADJACENT OFFICE SPACE.• LIGHT FIXTURES WILL BE REPLACED.WKMC ARCHITECTS, INC.909 S. TANCAHUA ST. CORPUS CHRISTI, TEXAS 78404HERB MORRISON, AIA, PROJECT MANAGERBATH ENGINEERING CORPORATION5656 S. STAPLES, SUITE 110CORPUS CHRISTI, TEXAS 78411JOE MARTINEZ, P.E.THE FACILITY IS OPEN TO THE PUBLIC AND WILL REMAIN OCCUPIED BY CITY EMPLOYEES. CONTRACTORS WILL HAVE FULL ACCESSTO PROJECT BOUNDARIES IDENTIFIED DURING NORMAL WORKING HOURS, BUT WILL HAVE TO MAINTAIN AND COORDINATE PUBLICACCESS WITH THE OPERATING DEPARTMENT.THE PROJECT IS LOCATED AT 5352 AYERS STREET IN CORPUS CHRISTI, TEXAS (BUILDING NO. 3B).2015 INTERNATIONAL BUILDING CODEPROJECT SUMMARY:PROJECT ARCHITECT:MEP ENGINEER:GENERAL NOTES:CODE SUMMARY AND PROJECT DATA:ADDRESS:BUILDING CODE:MECHANICAL CODE:PLUMBING CODE:ELECTRICAL CODE:ENERGY CODE:2015 INTERNATIONAL MECHANICAL CODE2015 INTERNATIONAL PLUMBING CODE2017 NATIONAL ELECTRICAL CODE2015 INTERNATIONAL ENERGY CONSERVATION CODEDocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Related SectionsRelated Details703.3Signs - Braille703.3.1 Braille Dimensions703.2 Raised Characters703.3.1 Braille dots shall have domed orrounded shape complying w/ 703.3.1703.3.2 Braille shall be positioned below thetext if multi-lineLIBRARY3/8" min.corresponding text or below entireROOM703.3.2 Position of Braille3/8" min.703.3.2 Braille Position(Exception)Related SectionsRelated Details703.4.1Tactile Sign Height48" min. 60" max.703.4.1 Tactile Character703.2 Raised CharactersLIBRARYROOMLIBRARYROOM703.4.1 Height of tactile charactersabove floor or groundHeight (Exception)703.4.2 Tactile CharacterLocation (Exception)703.4.2 Sign Location at Doors 30" min.(a) Elevation (b) Plan17"-25"6" max.9"305 Clear Floor Space304 Turning Space308 Reach RangesRelated SectionsRelated Details306.2Toe Clearance302 Floor & Ground Surface305.5 Position of clear floor space305.2 Changes in floor level not permitted305.2 Floor & Ground Surface(Exception)306.2 Toe Clearance306.3 Knee Clearance305.6 One full unobstructed side shall adjoin an accessible route or another305.7.1 Clearance in an alcove,forward approach305.7.2 Clearance in an alcove,parallel approach48" min.30" min.(a) Forward48" min.(b) Parallel30" min.36" min.X>24"60" min.X>15"clear floor spaceRelated SectionsRelated Details305Clear Floor Space405 Ramps1/4"1/4"1/4"1/2"1/2"406 Curb Ramps303.2 Vertical 303.3 Beveled303.1 Changes in Level(Exception)307.4 Changes in level greater than 1/2" highshall be rampedRelated SectionsRelated Details303Changes in Floor Levelmax.min.max.1.TAS Drawing Sheet General InformationThe details and information provided on TexasAccessibility Standards (ADA) drawing sheets areapplicable to this project. However, the informationprovided is generic in nature and, in general, takespriority over other construction documents.Where conflicts may occur, notify the projectdesigner of record.2. The details and information provided are for theconvenience of reference. The full set of TexasAccessibility Standards are applicable to thisproject. Familiarity with these standards by theContractor is required.3. The details and information provided may referenceother standards sections and details.Referenced 'Related Sections' can be found in the2012 Texas Accessibility Standards manualReferenced 'Related Details' applicable to theproject may be included in these drawing sheets.available through the Texas Department ofLicensing and Regulation4.Refer to section '106 Definitions' of the 2012 TASfor definitions of terms used within these sheets5.Refer to section '104 Conventions' of the 2012 TASfor description of dimensioning and tolerances aswell as other numerical and graphical conventions404.2.3 There shall be no projections into the required clear opening lowerthan 34" above floor. Projections into the clear opening width between34" and 80" above floor shall noe project more than 4"32" min.(a) Hinged door (b) Sliding door (c) Folding door32" min.32" min.90°4" max.404.2.2 At least one active leaf of doors with two leaves must comply with 404404.2.4.1 Maneuvering Clearance404.2.4.2 Maneuvering Clearance404.2.4.3 Maneuvering ClearanceSwinging DoorsOther DoorsRecessed Doors404.1 Doors, Doorways, Gates(Exception)404.2.3 Clear Width (Exception)404.2.5 Thresholds (Exception)Related SectionsRelated Details404.2.3Clear Width of Doorways307.4 Vertical Clearance307.3 Post-Mounted Objects4" max.X > 80"X > 27"307.2 Handrails are permitted toprotrude 4-1/2" maximum307.5 Required Clear Width505.10.1 Handrail Extensions at505.10.2 Handrail Extensions atRampsStairs(Parallel to path of travel)Related SectionsRelated Details307.2Limits of Protruding Objects30" min.(a) Elevation (b) Plan25" max.11" min.9" min.305 Clear Floor Space304 Turning Space8" min.27" min.308 Reach RangesRelated SectionsRelated Details306.3Knee Clearance(a) Front approach, pull side(b,c) Front approach, push side*when provided w/both closer and latch18" min.(d) Hinge approach, pull side (e) Hinge approach, pull side(f,g) Hinge approach, push side (h,i) Latch approach, pull side*when provided w/both closer and latch*when provided w/both closer and latch(j,k) Latch approach, push side*when provided w/both closer and latch60" min.48" min.60" min.12" min.*36" min.54" min.42" min.42" min.48" min.*48" min. 54" min.*22" min.24" min.24" min.48" min.*42" min.404.2.4.4 Changes in floor level not permitted404.2.3 Clear Width404.2.6 Doors in Series404.2.4 Maneuvering Clearance(Exception)404.2.4.4 Floor & Ground Surface(Exception)404.3 Automatic & Power-Assisted DoorsRelated SectionsRelated Details404.2.4.1Maneuvering Clearances at Swinging Doors308 Reach Range 48" max. 34" max.606.3 Height606.4 Faucetskitchen sink in a space where a cook top or conventional range is not provided606.2 - 1. A parallel approach complying with 305 shall be permitted to aSpace Space (Exception)and to wet bars30" min.25" max.30" min.48" max.308.1 Children's Reach Range 34" max.Knee and toe clearance606.5 Exposed Pipes andSurfaces606.2 Clear Floor 606.2 -1. Clear FloorRelated SectionsRelated Details606Lavatories606.2 Clear Floor Space(Exception)309 Operable Parts605.2 Height and depth of urinals(a) Wall hung type (b) Stall type 17" max.13 1/2" min.13 1/2" min.Related SectionsRelated Details605Urinals309 Operable Parts305 Clear Floor Space(a) Adult wall hung water closet (b) Adult floor mounted water closet604.8.1.1 Size of wheelchair accessible toilet compartments60" min.60" min.35-37"toilet compartment doors604.8.1.2 Wheelchair accessible604.8.1.4 Wheelchair accessible toilet compartment toe clearance(a) Elevation - adult604.8.2 Ambulatory accessibletoilet compartment(b) Elevation - childrenand children's water closet56" min. 59" min. 42" min. 4" max.4"" max.6" min.****Toe clearance not required when compartment is greater than 62" deepToe clearance not required when compartment is greater than 65" deep6" min.*****Toe clearance not required when compartment is greater than 66" wide6"min.***6"min.***42" min. 60" min.Partition9" min.6" min.12" min.6" min.Section 604.8.1.4 excludes partition support members from toe clearance spacePartition604.8.1.2 Provide door pulls complying with 404.2.7 each side of door404.2.4.1 Maneuvering ClearanceSwinging Doors404.2.3 Clear Width604 Water Closets404.2.7 Door & Frame Hardware604.8.1.2 Doors604.8.3 Coat Hooks & Shelves604.9 WC & Compartmentsfor Children's UseRelated SectionsRelated Details604.8Toilet Compartments609 Grab Bars(a) Wheelchair accessible water closets (b) Ambulatory accessible water closets604.2 Water closet location17-19"16-18"18" min.56" min.60" min.60" min.66" min.water closets604.3.1 Clearance of54" min.grab bar604.5.1 Side wall604.3.2 Overlap of water closet clearancein residential units (Exception)33"-36"12" max.42" min.grab bar604.5.2 Rear walllocation604.7 Dispenser outlet36" min.12" min.24" min.15" min. 48" max.7"-9"604.5.2 - 1. The rear grab bar can be 24 inches long minimum, centered on thewater closet, where wall space does not permit a length of 36" minimumdue to location of a recessed fixture adjacent to the water closet.604.3.2 Overlap - WC Clearance604.4 Seats (Exception)604.5.2 - 2. Where flush controls for flush valves are located in a position thatconflicts with the location of the rear grab bar, then the rear grab bar canbe split or shifted to the open side of the water closet604.6 Hand operated flush controls shall be installed 36" max. above finishedfloor and located on the open side of water309 Operable Parts(Exception)604.7 Dispensers604.9 WC & Compartmentsfor Children's Use604.5 Grab Bars (Exception)609 Grab BarsRelated SectionsRelated Details604Water ClosetsDispenser must be < 4" (non-prodtruding object) to complywith 609.317"-19"ATTSXETEFO S A HER B GMORRISONIII18217REGIS T EREDARCHITECTDocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 SCALE:21/2" = 1'-0"Floor PlanSCALE:11/2" = 1'-0"Demolition PlanATTSXETEFO S A HER B GMORRISONIII18217REGIS T EREDARCHITECT712139761011441434171517344611681717191717183'-4 1/4"1'-9 3/4"1'-8 1/2"2'-7"2'-5 3/8"3'-1 5/8"3'-0"2'-6"6 5/8"11'-5 1/4"1'-0"4'-0"4'-0"1'-9 1/8"3'-0 1/2"5'-0 1/2"2'-6"4'-6 1/2"1'-6 1/2"3'-7"2'-11"3'-4 1/8"9'-10 1/8"4 7/8"2"5 5/8"5'-5 1/4"1'-5 1/4"SCALE:3Keyed notesSCALE:4General NotesDIMENSION ARE TO FINISHED WALL SURFACE OF MASONRY FACE1.OF STRUCTURE, OR CENTERLINE AS INDICATED.REFER TO MEP FOR ADDITIONAL NOTES REGARDING DEMOLITION AND2.NEW CONSTRUCTION.PROVIDE BLOCKING IN FRAMED WALLS AS NEEDED FOR ATTACHMENT3.OF ACCESSORIES.2052'-8"RESTROOMS ARE TO BE ADA COMPLIANT. REFER TO SHEET G2 FOR MOUNTING4.HEIGHT AND OFFSET DIMENSIONS OF ACCESSORIES.SCALE:5Room FinishesINTERIOR PAINT - COLOR: SHERWIN WILLIAMS "REQUISITE GRAY" SW 7023PT-1INTERIOR PAINT - COLOR: SHERWIN WILLIAMS "TRANQUIL AQUA" SW7611PT-22212122TA-1TA-1TA-1TA-9TA-9TA-8TA-10TA-2TA-13bTA-8TA-13bTA-13b1TA-13TOILET ACCESSORY - REFER TO SPECIFICATIONSKEYED NOTESCALE:6Symbol Legend90% ReviewSCALE:83" = 1'-0"Partition Bracket Details2"3"12 GAUGE SATIN S.S. WALLBRACKETS FULL HEIGHT OF2 1/2"1 3/4"PANEL AND WALL AT 12" O.C.WITH S.S. FASTENERSDOUBLE 2X4 STUDS ATTOILET PARTITION8A1130°140°2 1/4"12 GAUGE SATIN S.S.FIX TO PARTITIONS WITH1 3/4"S.S. FASTENERS @ 12" O.C.TOILET PARTITION140°1 3/4"2 1/4"SCALE:7Location PlanAREA OF CONSTRUCTIONFIRST FLOOR100RestroomWomen's ADA101RestroomMen's ADA172'-1"4'-6"1'-4 1/2"23BRACKETS. FULL HEIGHTPARTITION. ATTACH TOWALL ENDPROVIDE ADA COMPLIANT RESTROOM SIGNAGE PER CITY OR BUILDING STANDARD5.FLOOR TILE - 6"X6" FIELD CERAMIC TILE WITH 6"X6" ROUND TOP COVE BASEFT-1FIBER REINFORCED PANEL - AS SPECIFIED, TO BE PAINTEDFRP-1DALTILE - NATURLA HUES "MICA PINPOINT" QH812424101100101DOOR TAG25263'-0"2'-0"2727282829REMOVE CMU PARTITION1SAW CUT AND REMOVE CMU FOR NEW2DOOR OPENINGREMOVE EXISTING TOILET PARTITIONS3REMOVE FIXTURE, RE: MEP4REMOVE FLOOR TILE AND BASE ENTIRELY. SCRAPE/GRIND5SURFACE AS NEEDED FOR NEW TILE FLOOR FINISHEXISTING CONCRETE COLUMN TO REMAIN6EXISTING CMU WALL TO REMAIN7EXISTING EXTERIOR CONCRETE WALL8EXISTING DRYWALL PARTITION TO REMAIN9EXISTING OVERHEAD PIPE, RE: MEP10EXISTING FLOOR DRAIN TO REMAIN11REMOVE EXISTING TOWEL DISPENSER FOR RE-USE12REMOVE EXISTING HAND DRYER13REMOVE EXISTING FAN, RE: MEP14EXISTING DOOR TO REMAIN15REMOVE DOOR & FRAME16NEW PLUMBING FIXTURE, RE: MEP17FUTURE HAND DRYER, RE: MEP18RELOCATED EXISTING PAPER TOWEL DISPENSER193"X3"X8'-0" S.S. CORNER TRIM, FULLY ADHERED, PAINTED.20FULLY ADHERE 5/8" MOISTURE RESISTANT GYP. BD. TO EACH21SIDE OF CMU WALL. FINISH WITH FRP-1TOILET PARTITIONS AS SPECIFIED22GROUT FILL ANY OPEN CAVITIES IN MASONRY FROM REMOVAL OF WALL23PAINT THIS WALL PT-224NEW 3'X7' HOLLOW METAL DOOR AND FRAME, PAINT TO25MATCH EXISTINGEXISTING HOLLOW METAL DOOR AND FRAME, REPLACE HARDWARE AS26SPECIFIED, PAINT TO MATCH EXISTINGPARTITION - FULL HEIGHT 3-5/8" METAL STUDS @ 16" O.C.27W/ 5/8" MOISTURE RESISTANT GYP. BD. EA. SIDE. FINISHWITH FRP-1CHASE WALL - FULLHEIGHT 3-5/8" METAL STUDS @ 16" O.C.28W/ 5/8" MOISTURE RESISTANT GYP. BD.. FINISH WITH FRP-1OVERLAY WALL WITH FULL HEIGHT FRP-12922TA-7TA-7TA-7DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Attachment B - Bid/Pricing ScheduleDocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Attachment C - Insurance Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Attachment C – Bond Requirements Bonds will be required as outlined in the Scope of Work, Section 4: subsection 4.3; Job Order (C) DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Attachment D - Warranty Requirements A. Covered warranty on new installation shall be one year or better for all labor and material. B. Warranty on all repairs shall be one year or better for all labor and materials. Any additional service call to repair deficiencies previously addressed, will not be considered for payment. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 "General Decision Number: TX20200288 09/11/2020 Superseded General Decision Number: TX20190288 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR Attachment E - Wage Rate Determination DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 1 09/11/2020 BOIL0074-003 01/01/2017 Rates Fringes BOILERMAKER......................$ 28.00 22.35 ---------------------------------------------------------------- * ELEC0278-002 03/20/2020 Rates Fringes ELECTRICIAN......................$ 26.25 8.24 ---------------------------------------------------------------- * ENGI0178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane.............$ 32.85 13.10 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above.....$ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under..............$ 32.35 13.10 ---------------------------------------------------------------- * IRON0084-011 06/01/2020 DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Rates Fringes IRONWORKER, ORNAMENTAL...........$ 25.26 7.13 ---------------------------------------------------------------- SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER.......................$ 20.04 0.00 CARPENTER........................$ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER...$ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation)...............$ 19.77 7.13 IRONWORKER, REINFORCING..........$ 12.27 0.00 IRONWORKER, STRUCTURAL...........$ 22.16 5.26 LABORER: Common or General......$ 9.68 0.00 LABORER: Mason Tender - Brick...$ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 10.58 0.00 LABORER: Pipelayer..............$ 12.49 2.13 LABORER: Roof Tearoff...........$ 11.28 0.00 OPERATOR: DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Backhoe/Excavator/Trackhoe.......$ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.93 0.00 OPERATOR: Bulldozer.............$ 18.29 1.31 OPERATOR: Drill.................$ 16.22 0.34 OPERATOR: Forklift..............$ 14.83 0.00 OPERATOR: Grader/Blade..........$ 13.37 0.00 OPERATOR: Loader................$ 13.55 0.94 OPERATOR: Mechanic..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00 OPERATOR: Roller................$ 12.70 0.00 PAINTER (Brush, Roller, and Spray)...........................$ 14.45 0.00 PIPEFITTER.......................$ 25.80 8.55 PLUMBER..........................$ 25.64 8.16 ROOFER...........................$ 13.75 0.00 SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 22.73 7.52 SHEET METAL WORKER, Excludes DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 HVAC Duct Installation...........$ 21.13 6.53 TILE FINISHER....................$ 11.22 0.00 TILE SETTER......................$ 14.74 0.00 TRUCK DRIVER: Dump Truck........$ 12.39 1.18 TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57 TRUCK DRIVER: Semi-Trailer Truck............................$ 12.50 0.00 TRUCK DRIVER: Water Truck.......$ 12.00 4.11 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 END OF GENERAL DECISION" DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 DATE: February 9, 2021 TO: Peter Zanoni, City Manager THRU: Michael Rodriguez, Chief of Staff michaelrod@cctexas.com (361) 826-3732 FROM: Eyvon McHaney, Director of Human Resources eyvonmc@cctexas.com (361) 826-3979 STAFF PRESENTER(S): Name Title/Position Department 1. Jennifer Buxton Homeless Services and Human Resources Workforce Housing Manager BACKGROUND: Staff will provide City Council with background on Low-income Housing Tax Credits. Applications from developers for 9% Low-income Housing Tax Credits (LIHTC) are due to the Texas Department of Housing and Community Affairs (TDHCA) on March 1, 2021. LIHTCs are administered by the Internal Revenue Service and allocated to states. They are a critical funding tool for multi-family low-income housing projects. Region 10/Urban, which includes Nueces, Aransas, San Patricio, and Victoria counties, is generally awarded one LIHTC project annually. The 9% LIHTC application process is highly competitive. There are several ways in which the City of Corpus Christi can impact the outcome of application scoring by TDHCA and the briefing will explain those methods. LIST OF SUPPORTING DOCUMENTS: PowerPoint as an Addendum BRIEFING TO CITY COUNCIL Low-income Housing Tax Credits AGENDA MEMORANDUM Briefing for the City Council Meeting of February 9, 2021 City Council February 9, 2021 Low-income Housing Tax Credits Briefing 1 2 Low-income Housing Tax Credits •Low-income Housing Tax Credits (LIHTC) are the most common financing tool for multi-family affordable rental housing units •LIHTCs are governed by the Internal Revenue Code •Tax credits are allocated to each state’s housing finance agency •In Texas, the Texas Department of Housing and Community Affairs (TDHCA) awards credits 3 Low-income Housing Tax Credits •There are two types of LIHTCs – 9% and 4% •The 9% LIHTC process is highly competitive •The 4% LIHTCs are noncompetitive and are used in deals with tax- exempt bonds •Tax credits are sold through syndicators to private investors who apply the credits against their federal tax liability. Investors benefit from operational losses as well •The credit amount is applied over 10 years and leveraged for permanent financing 4 Low-income Housing Tax Credits •Hard costs are eligible for LIHTC •Non-depreciable costs, such as land, are not eligible •Units must be affordable to households at or below 60% AMI Household Size 60% Area Median Income 1-person $28,020 4-person $39,960 5 TDHCA Timeline Date Milestone 03/01/2021 Applications Due Including Resolutions of Support 06/2021 List of Eligible Applications Published 07/2021 Final Awards 11-12/2021 Carryover Awards 6 TDHCA Application Scoring Measure Available Points Promoting Development of High Quality Size and Quality of the Units 15 Sponsor Characteristics 2 Subtotal 17 Serve and Support Texans Most in Need Income Levels of Residents 16 Rent Levels of Tenants 13 Resident Services 11 Opportunity Index (can't get points in OI and CRP)7 Underserved Area 5 Residents with Special Housing Needs 3 Proximity to Job Areas or Urban Core 6 Readiness to Proceed in Disaster Impacted Counties 0 Subtotal 61 Community Support and Engagement Local Government Support 17 Commitment of Development Funding by Local Political Subdivision 1 Declared Disaster Area 10 Quantifiable Community Participation (if no Neighborhood Assosciation 4 points available)9 Community Support from State Representative 8 Input from Community Organizations (only if no Neighborhood Association)4 Concerted Revitalization Plan (can't get points in CRP and OI)7 Subtotal 52 Efficient Use of Limited Resources and Applicant Accountability Financial Feasibility 26 Cost of Development per Square Foot 12 Pre-application Participation 6 Leveraging of Private, State and Federal Resources 3 Extended Affordability 4 Historic Preservation 5 Right of First Refusal 1 Funding Request Amount 1 Subtotal 58 Total Points Available 181 7 TDHCA Application •There are three types of Resolutions that can be approved to impact the success of applications •A Resolution of Support earns 17 points on the TDHCA application OR •A Resolution of No Objection earns 14 points on the TDHCA application •In specific circumstances, if more than one application is received in the same area, a Resolution stating that one of the applications has the greatest impact can earn 2 points on the TDHCA application •The City will also need to commit at least $500 to the projects. This can be accomplished through fee waivers 8 LIHTC Projects in Corpus Christi •Corpus Christi has 3,701 LIHTC units in 33 properties •Among those properties are 93 market-rate units •Corpus Christi is in Region 10/Urban which includes Nueces, Aransas, San Patricio, and Victoria counties. The region generally receives 1 award each year from the competitive process •The following map reflects projects awarded 9% and 4% LIHTCs from 2015 to 2020 9 10 Pre-applications for Corpus Christi •Two 2021 pre-applications were submitted for projects in Corpus Christi: •Avanti at Heritage Park •Palms at Blucher Park •As in all past years, both projects will be presented to City Council on February 16th for Resolutions of Support 11 Avanti at Heritage Park Madhouse Development •68-72 Units •10-15% Market-rate •$1,383,899 LIHTC Requested 12 Palms at Blucher Park TG 110 •72 Affordable Units •$1,383,899 LIHTC Requested DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Tracey Cantu, Interim Director of Parks and Recreation Department TraceyC@cctexas.com (361) 826-3042 STAFF PRESENTER(S): Name Title/Position Department 1. Tracey Cantu Interim Director Parks & Recreation 2. Kevin Johnson Assistant Director Parks & Recreation 3. Lisa Oliver Interim Assistant Director Parks & Recreation OUTSIDE PRESENTER(S): Name Title/Position Organization 1. N/A ISSUE: Briefing on Public Engagement Plan for the Parks and Recreation 10-Year Master Plan and Bill Witt Park Master Plan. BACKGROUND: On September 8, 2020 the City Council approved an Agreement with HALFF Associates, Inc. to assist the City's Parks and Recreation Department in updating the 2012 Department Master Plan. City Council also approved Amendment No. 1 to incorporate the development of a Master Plan for Bill Witt Park, which includes an illustrative concept design, cost estimates, website materials, and development of a public/stakeholders involvement plan. The Corpus Christi Parks and Recreation Master Plan (“Master Plan”) will guide the growth and enhancement of the City’s parks, public grounds, open spaces, and recreational assets over the next 10 years. The public engagement plan corresponds with the activities outlined in both Master Plans. Public involvement will play a key role in shaping Master Plan outcomes. City residents and other area stakeholders will be involved throughout the planning process to provide input on Master Plan Briefing – Public Engagement Plan for the Parks & Recreation Master Plan s AGENDA MEMORANDUM City Council Meeting of February 9, 2021 vision and goals, proposed strategies, and the recommendations included in the final document. This public engagement plan outlines the tools that will be utilized to solicit representative stakeholder and public participation throughout the master planning process. Public outreach and engagement goals include: • Create public awareness of the planning process • Facilitate active and collaborative participation • Maintain an open and transparent process • Provide timely and informative project updates • Engage and collect input from a wide range of stakeholders • Use appropriate engagement methods to reach the whole community (in -person vs. digital) • Create a clear connection between public feedback and plan recommendations • Provide Spanish, English, and American Sign Language translation services LIST OF SUPPORTING DOCUMENTS: PowerPoint – Public Engagement Plan for the Parks & Recreation Master Plan