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Agenda Packet City Council - 03/30/2021
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, March 30, 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 Reverend Roy J. Kalayil, Holy Cross Church. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Julian Vasquez, W. B. Ray High School. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations Page 1 City of Corpus Christi Printed on 3/29/2021 March 30, 2021City Council Meeting Agenda - Final-revised F.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. G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.AMERICAN RESCUE PLAN CORPUS CHRISTI ALLOCATION b.OCEAN DRIVE / REVIVE THE DRIVE UPDATE c.CCPD CRISIS INTERVENTION PROGRAM H.BOARD & COMMITTEE APPOINTMENTS: 1.21-0285 Board of Adjustment (1 vacancy) Committee for Persons with Disabilities (5 vacancies) Island Strategic Action Committee (11 vacancies) I.EXPLANATION OF COUNCIL ACTION: J.CONSENT AGENDA: (ITEMS 2 - 16) 2.21-0368 Approval of the Minutes of the Regular Meeting of March 23, 2021. Sponsors:City Secretary's Office 3.21-0366 One-reading ordinance by the City Council of the City of Corpus Christi, Page 2 City of Corpus Christi Printed on 3/29/2021 March 30, 2021City Council Meeting Agenda - Final-revised Texas authorizing the issuance of "City of Corpus Christi, Texas Utility System Junior Lien Revenue Notes, Taxable New Series 2021A", in an amount not to exceed $35 million for funding needed for the Gas Utility as a result of the February 2021 Extreme Weather Event; making provisions for the payment and security thereof by a junior and inferior lien on and pledge of the net revenues of the City's utility system on a parity with certain currently outstanding utility system revenue obligations: and providing an effective date. Sponsors:Finance & Business Analysis 4.21-0401 One-reading ordinance amending the FY 2021 Operating Budget to appropriate $40,700,000 in additional revenue and expenses in the Gas Fund due to the February 2021 extreme weather event. Sponsors:Finance & Business Analysis and Gas Department 5.21-0409 One-reading ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans to modify the Streescape and Safety Improvement Program approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on March 30, 2021. Sponsors:Finance & Business Analysis Consent - Second Reading Ordinances 6.21-0349 Ordinance appointing Mike Alaniz, Jacqueline Del Llano Chapa, Mark DeKoch, Gail G. Loeb, Julianna Siracusa Rivera, and David Walsh as full-time Municipal Judges of the Municipal Court of Record in the City of Corpus Christi, Texas; appointing Gail G. Loeb as the presiding judge; appointing Jerry L. Batek, Bill Bonilla, Kali Guttman, Christopher E. Matt, George Picha, and Todd A. Robinson, as part-time judges of the Municipal Court of Record in the City Of Corpus Christi; determining salary; providing a term of office; and declaring an effective date. Sponsors:City Secretary's Office and Municipal Court Committee Consent - Contracts and Procurement 7.21-0010 Resolution authorizing a five-year service agreement in an amount not to exceed $437,358.60 with Intrado Life and Safety, Inc. for the purchase of a service that provides location and phone numbers of callers to 911 as well as a texting option, with FY 2021 funding in the amount not to exceed $43,735.86 available from the MetroCom Fund. Sponsors:Police Department and Contracts and Procurement 8.21-0287 Motion authorizing the purchase of two replacement Slope Mowers from Alamo Industrial, of Seguin, Texas for a total amount of $456,628.80, which will be utilized to mow stormwater ditches by the Department of Public Works, with FY 2021 funding available in the Vehicle & Equipment Page 3 City of Corpus Christi Printed on 3/29/2021 March 30, 2021City Council Meeting Agenda - Final-revised Replacement Fund. Sponsors:Public Works/Street Department and Contracts and Procurement 9.21-0295 Motion authorizing the purchase of two replacement tractor trucks from Lonestar Freightliner Group, LLC, of Waco, Texas for a total amount of $276,430.00 that will be utilized to pull two Live Bottom trailers to haul materials to and from work sites by the Department of Public Works, with FY 2021 funding available in the Vehicle & Equipment Replacement Fund. Sponsors:Public Works/Street Department and Contracts and Procurement 10.21-0298 Motion authorizing the purchase of one replacement tractor from Deere & Company, of Cary, North Carolina, through its distributor King Ranch Ag & Turf from Robstown, Texas for a total amount of $58,473.89, which will be utilized to pull a 15’ Batwing mower deck to mow grass along the City’s stormwater ditches by the Department of Public Works, with FY 2021 funding available in the Vehicle & Equipment Replacement Fund. Sponsors:Public Works/Street Department and Contracts and Procurement 11.21-0299 Motion authorizing the purchase of two additional 2021 freightliner chassis with Bergkamp Patcher bodies from Doggett Freightliner of South Texas, LLC, of Converse, Texas for a total amount of $392,770.00, to be used in the maintenance and repairs of potholes by the Department of Public Works, with FY 2021 funding available in the Vehicle & Equipment Replacement Fund. Sponsors:Public Works/Street Department and Contracts and Procurement 12.21-0271 Motion authorizing a three-year Master Services Agreement for the purchase of a Cisco Phone System with Great South Texas Corp dba Computer Solutions in the amount of $118,440.70 for Cisco Phone Unified Communications (UC) for the Corpus Christi International Airport (CCIA), effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of $118,440.70 available in the Airport Fund. Sponsors:Aviation Department, Information Technology Services and Contracts and Procurement 13.21-0374 Resolution authorizing a one-year service agreement with Mid-Coast Electric Supply, Inc. in an amount not to exceed $167,369.61 for professional services, hardware, and software to replace outdated supervisory control and data acquisition (SCADA) systems for Storm Water, effective upon issuance of a notice to proceed, with FY 2021 funding available through the Storm Water Fund. Sponsors:Information Technology Services, Public Works/Street Department and Contracts and Procurement Consent - Capital Projects 14.21-0242 Resolution rejecting the low bid of Thompson Construction & Consulting as non-responsive for failure to demonstrate the required experience by not Page 4 City of Corpus Christi Printed on 3/29/2021 March 30, 2021City Council Meeting Agenda - Final-revised filling out the Statement of Experience in the bid packet as a result of the company not having relevant experience in gas collection control system expansions and awarding a construction contract to Aptim Environmental & Infrastructure, LLC., Baton Rouge, Louisiana, to provide construction services for the expansion of the Cefe Valenzuela Landfill Gas Collection and Control System, located in Nueces County, in an amount not to exceed $398,395.00, with FY 2021 funding available from Landfill Capital Fund. Sponsors:Engineering Services, Solid Waste Operations and Contracts and Procurement General Consent Items 15.21-0294 Resolution authorizing 12-month extension for Wastewater Collection Line Extension Construction and Reimbursement Agreement with Walker Holdings and Development, LLC to extend a 12-inch wastewater collection line for planned residential subdivision called Calallen South Unit 1 located on IH-69, south of Northwest Boulevard in Calallen. (District 1) Sponsors:Development Services 16.21-0377 Resolution directing the City's Planning Department to prepare a service plan for the annexation of London Pirate Road (formerly County Road 33), north from Farm to Market Road (FM) 43 (Weber Road). Sponsors:Planning & Environmental Services K.LEGISLATIVE UPDATE: L.RECESS FOR LUNCH M.PUBLIC HEARINGS: N.INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 17 - 20) 17.21-0355 Motion awarding a construction contract to Western Specialty Contractors, Selma, Texas, to perform maintenance repairs on the seawall extending from McGee Beach to the Barge Dock, located in Council District 1, in an amount of $1,098,504.60, with FY 2021 funding available from the Seawall System Capital Fund. Sponsors:Engineering Services and Contracts and Procurement 18.21-0222 Motion awarding a professional services contract to Risa Weinberger & Associates, Inc., Dallas, TX, to provide conceptual design, process design and permitting services for a new Solid Waste Compost Facility, located in Council District 3, in an amount not to exceed $126,508.00, with FY 2021 funding available from the Landfill Capital Fund. Sponsors:Engineering Services, Solid Waste Operations and Contracts and Procurement Page 5 City of Corpus Christi Printed on 3/29/2021 March 30, 2021City Council Meeting Agenda - Final-revised 19.20-0940 Motion awarding a construction contract to Associated Construction Partners, Ltd, Boerne, Texas, for the Allison Wastewater Treatment Plant Lift Station and Plant Improvements upgrades to the lift station, aeration basins, clarifiers, effluent filter, disinfection system, aerobic digester, pre- and post-thickeners, belt press building, and a new blower-electrical control room building, located in Council District 1, in an amount of $17,745,523.13, with FY 2021 funding available from the Wastewater Capital Fund. Sponsors:Engineering Services, Utilities Department and Contracts and Procurement 20.21-0209 Motion authorizing a cost-share agreement with the U.S. Army Corps of Engineers to conduct a study that will analyze impaired infrastructure and provide alternatives to address streambank erosion control related to the Mary Rhodes Pipeline Phase 2 System Improvements project, located in the vicinity of the Mary Rhodes Pump Station in Matagorda County, in an amount not to exceed $92,500 .00, with FY 2021 funding available from the Water Capital Fund and funding in the amount of $192,500 available from the U.S. Army Corps of Engineers. Sponsors:Engineering Services and Utilities Department O.FIRST READING ORDINANCES: (ITEMS 21 - 23) 21.20-1399 Ordinance awarding a construction contract to EMR Elevator Inc, Corpus Christi, Texas, for the replacement and upgrade of the four City Hall elevators machinery and equipment, located in Council District 1, in an amount not to exceed $1,047,740.00; amending the Capital Improvement Program (CIP) and Capital Budget, and appropriating $1,250,000.00 to the Facility Maintenance CIP Fund. Sponsors:Engineering Services, Asset Management Department and Contracts and Procurement 22.21-0364 Ordinance accepting and appropriating Federal Aviation Administration Grants No. 63 and No. 64 totaling $2,667,902 pursuant to the federal Coronavirus Response and Relief Supplemental Appropriations Act for economic relief to eligible U.S. airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic; and amending the FY 2021 Operating Budget by increasing revenues and expenditures. Sponsors:Aviation Department 23.21-0419 Ordinance authorizing a special events agreement with the Buccaneer Commission, Inc. for Buc Days Festival 2021 and related activities to be held April 29, 2021 through May 9, 2021 to allow for the use of City property including Shoreline Boulevard between IH 37 and Resaca as well as the barge dock and circle drive adjacent to the American Bank Center with payment of City cost of services not to exceed $39,449. Sponsors:Parks and Recreation Department Page 6 City of Corpus Christi Printed on 3/29/2021 March 30, 2021City Council Meeting Agenda - Final-revised P.BRIEFINGS: Q.EXECUTIVE SESSION: (ITEMS 24 - 25) 24.21-0370 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the Municipal Court Judges and Texas Government Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, or duties of a public officer or employee (including, but not limited to, the Municipal Court Judges). 25.21-0389 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the Texas Public Information Act, Texas Open Meetings Act, City Council Policies, Robert’s Rules of Procedure, Texas Government Code Chapters 441, 551, 552 and other related provisions and pending legislation. R.ADJOURNMENT Page 7 City of Corpus Christi Printed on 3/29/2021 Duties Composition Member size Term Length Term limit 7 2 years 6 years Name District Term Appt. date End date Appointing Authority Position Status Category Vacant 1 4/5/2020 4/4/2022 City Council Vacant Alternate Ricardo D Barrera Jr District 5 1 6/16/2020 4/4/2022 City Council Active Shawn Karaca District 5 3 3/24/2015 4/4/2022 City Council Chair Active Burris McRee District 5 3 3/24/2015 4/4/2022 City Council Active Kenton Mullins District 4 1 6/16/2020 4/4/2022 City Council Active Alternate Gordon Robinson District 4 1 6/16/2020 4/4/2022 City Council Active David Lee Walker District 4 3 8/16/2016 4/4/2022 City Council Vice-Chair Active Seven (7) members appointed by the City Council. The membership must include two (2) alternates; be residents of the City. Only five (5) members may vote, and four (4) must concur to grant an appeal. The Board of Adjustment hears appeals for interpretations of the zoning ordinance; for special exceptions authorized by the zoning ordinance, subject to safeguards to protect the public interest; and for variances where, owing to special conditions, the literal enforcement of the provisions of the zoning ordinance results in unnecessary hardship, so that the spirit of the ordinance shall be observed and substantial justice done. An appeal may be made to District Court if dissatisfied with the decision of the Board. Written notice of public hearing on each appeal is sent to the applicant and owners within 200 feet 10 days before the hearing date. One (1) vacancy with term to 4-4-22, representing the following category: 1 - Alternate. BOARD OF ADJUSTMENT 3-30-2021 Name District 4 Status Brandon Crowson District 4 Applied Danny C. Graves District 4 Applied BOARD OF ADJUSTMENT Applicants Duties Composition Member Size Term Length Term Limit 9 2 years 6 Years Name District Term Appt. date End date Appointing Authority Position Status Attendance Anthony Zoccolillo District 4 2 3/8/2016 2/1/2021 City Council Seeking reappointment 4/5 meetings 80% 1 excused absence Vanessa P Nisbet District 2 1 2/19/2019 2/1/2021 City Council Seeking reappointment 4/5 meetings 80% 1 excused absence Richard Balli District 2 3 11/12/2013 2/1/2021 City Council Chair Met the six-year service limitation Mary C Bustos District 3 3 4/15/2014 2/1/2021 City Council Met the six-year service limitation Sabrina Ramirez District 1 2 10/17/2017 2/1/2021 City Council Exceeded the number of absences allowed by Ordinance Melanie R Gomez District 2 2 7/17/2018 2/1/2022 City Council Active Anthony M Navarrette District 3 2 1/17/2017 2/1/2022 City Council Vice-Chair Active Huxley T Smith District 5 1 2/25/2020 2/1/2022 City Council Active Christina C Buttler District 2 1 2/25/2020 2/1/2022 City Council Active Parks and Recreation Director N/A N/A N/A Ex-Officio, Non-voting Active Building Official N/A N/A N/A Ex-Officio, Non-voting Active Human Relations Administrator N/A N/A N/A Ex-Officio, Non-voting Active COMMITTEE FOR PERSONS WITH DISABILITIES Five (5) vacancies with terms to 2-1-23. (The Committee for Persons with Disabilities recommends the reappointments of Anthony Zoccolillo and Vanessa Nisbet and the new appointments of Jennifer Gracia, Dirk Hillard and Jennifer Scott). The Committee for Persons with Disabilities provides a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the City; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The Human Relations Administrator, Director of Parks and Recreation, and Building Official shall serve as ex-officio non-voting members. The Chairperson of the Committee for Persons with Disabilities shall serve as an ex-officio voting member of the Human Relations Commission. 3-30-2021 Name District Status Jennifer Aleman District 3 Applied Brandon Crowson District 4 Applied Maria G Dominguez District 2 Applied Jessica M. Gamboa District 5 Applied Alma L. Garcia District 3 Applied Jennifer M. Gracia District 5 Applied Dirk Hillard District 5 Applied Velma G Lozano District 4 Applied Ryan A. Martinez District 2 Applied Vanessa P Nisbet District 2 Seeking Reappointment Edward Y Pettijohn Sr.District 3 Applied Donald J Rodgers District 3 Applied Jennifer Scott District 2 Applied Susan M. Taft District 4 Applied William M. Uhlarik District 4 Applied Lynn A Valley District 1 Applied Anthony Zoccolillo District 4 Seeking Reappointment COMMITTEE FOR PERSONS WITH DISABILITIES Applicant Duties Composition Member size Term Length Term Limit 14 3 years 6 years Name District Term Appt. date End date Appointing Authority Position Status Category Attendance Armon D Alex District 3 Partial 3/17/2020 3/23/2021 City Council Seeking reappointment Mustang Island Rep.5/6 meetings 83% Daniel R Brown III District 4 Partial 3/17/2020 3/23/2021 City Council Seeking reappointment At-Large 6/6 meetings 100% Jay N Gardner District 4 1 3/20/2018 3/23/2021 City Council Chair Seeking reappointment Professional Engineer 7/7 meetings 100% Tommy J Kurtz District 5 Partial 3/17/2020 3/23/2021 City Council Seeking reappointment At-Large 6/6 meetings 100% Brud Jones Other / Non- Resident 2 3/24/2015 3/23/2021 City Council Vice Chair Has met the six-year service limitation Residential Property Owner The committee shall consist of fourteen (14) members appointed by the City Council. Membership in one or more of the following categories is preferred but not required: Padre Isles Property Owners Association, residential property owner who owns property and resides on Mustang or Padre Island; commercial property owner who owns property and operates a business on Mustang or Padre Island; developer of property on Mustang or Padre Island; member of the Padre Island Business Association; architect or professional engineer, who does work on projects on Mustang or Padre Island; realtor, who primarily represents buyers or sellers of property on Mustang or Padre Island; construction contractor, who primarily works on projects on Mustang or Padre Island; representative of an environmental group; person who resides on Mustang Island or who is an employee of a Mustang Island property owner; and at-large representatives who are residents of the City. Not less than twelve (12) members must reside or own property on Mustang or Padre Island. One (1) of the at-large representatives may, but is not required to, reside on Mustang or Padre Island. The City Council may appoint not more than five (5) members of the action committee who do not reside within the City if they own or represent the owner of property on Mustang or Padre Island. The following organizations may appoint a representative to serve as an ex-officio advisory member of the action committee without vote: Planning Commission, Watershore and Beach Advisory Committee, Park and Recreation Advisory Committee, Nueces County, Nueces County Water Control and Improvement District No. 4, and Corpus Christi Convention and Visitors Bureau. The Island Strategic Action Committee (ISAC) advises the Mayor and City Council on development and implementation of the Mustang-Padre Island Area Development Plan. The ISAC shall develop specific strategies for implementation of the Mustang-Padre Island Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. Eleven (11) vacancies with terms to 3-23-22 and 3-23-24, representing the following preferred but not required categories: 1 - Mustang Island Representative, 4 - At- Large, 1 - Professional Engineer, 1- Residential Property Owner, 1 - Environmental Group, 1 - Construction Contractor, 1 - Realtor and 1 - Commercial Property Owner. (Staff is recommending the postponement of the Environmental Group and Commercial Property Owner for further recruitment). ISLAND STRATEGIC ACTION COMMITTEE 3-30-2021 Name District Term Appt. date End date Appointing Authority Position Status Category Attendance David Perry District 4 2 3/24/2015 3/23/2021 City Council Has met the six-year service limitation Environmental Group Jodi Steen District 4 2 9/25/2012 3/23/2021 City Council Has met the six-year service limitation Construction Contractor Carter Tate District 4 2 3/24/2015 3/23/2021 City Council Has met the six-year service limitation Realtor Alex Harris Other / Non- Resident 1 3/17/2020 3/23/2022 City Council Resigned Commercial Property Owner Aaron B Huffman District 4 2 3/26/2019 3/23/2022 City Council Resigned At-Large Kaylynn J Paxson District 4 1 3/26/2019 3/23/2022 City Council Forfeit her position upon filing as City Council Candidate At-Large Polly L Balzer District 4 1 3/26/2019 3/23/2022 City Council Active Padre Isles Prop. Owners Assoc. Charles F Duffley Other / Non- Resident 1 3/26/2019 3/23/2022 City Council Active Developer Cheri Sperling District 4 2 3/8/2016 3/23/2022 City Council Active Padre Island Business Assoc. R. Bryan Gulley District 4 N/A N/A N/A Nueces County Ex-Officio, Non-voting Active Nueces County Dan McGinn N/A N/A N/A Ex-Officio, Non-voting Active Planning Commission Keith McMullan N/A N/A N/A Nueces County Ex-Officio, Non-voting Active Nueces County Water Control and Prevention District #4 Brett Oetting 1 N/A N/A CVB Ex-Officio, Non-voting Active CVB Terry A Palmer District 4 1 N/A N/A Ex-Officio, Non-voting Active Watershore and Beach Adv. Comm. Twila Stevens District 4 1 N/A N/A Ex-Officio, Non-voting Active Parks and Rec Adv. Comm. 3-30-2021 Name District Status Category Armon D Alex District 3 Seeking reappointment Mustang Island Rep. At Large Herb Bradley District 4 Applied Residential Property Owner At Large Daniel R Brown III District 4 Seeking reappointment Residential Property Owner At Large Keith R Clark District 4 Applied Residential Property Owner At Large Roy D. Coons District 4 Applied Residential Property Owner At Large Michael Edghill District 4 Applied At Large Meagan E Furey District 4 Applied Realtor Residential Property Owner At Large Jay N Gardner District 4 Seeking reappointment Professional Engineer At Large Danny C. Graves District 4 Applied Residential Property Owner At Large Daniel Grimsbo District 4 Applied Residential Property Owner At Large Daniel S Herrington District 4 Applied Residential Property Owner At Large Tommy J Kurtz District 4 Seeking reappointment At Large Dotson Lewis Jr District 4 Applied Residential Property Owner At Large Linda Lindsey District 4 Applied Residential Property Owner At Large Ray T Morais Jr District 4 Applied Residential Property Owner At Large Kaylynn J Paxson District 4 Applied Mustang Island Rep. At Large Kimberly S Pendergraft District 4 Applied Residential Property Owner At Large Robert B Pruski Jr District 4 Applied Residential Property Owner Construction contractor At large Melanie Salinas District 4 Applied At Large William M. Uhlarik District 4 Applied Realtor Residential Property Owner At-Large Diane Walker District 4 Applied At Large David S Zill District 4 Applied Residential Property Owner At Large ISLAND STRATEGIC ACTION COMMITTEE Applicants 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, March 23, 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. Mayor Paulette M. Guajardo to call the meeting to order.A. Mayor Guajardo called the meeting to order at 11:44 a.m. Invocation to be given by Pastor David Bendett, Rock City Church.B. Pastor David Bendett, Rock City Church gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Loriana Vela, Brownie Troop 9668, Girl Scouts of Greater South Texas. C. Loriana Vela, Brownie Troop 9668, Girl Scouts of Greater South Texas, led the Pledge of Allegiance to the Flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Page 1City of Corpus Christi Printed on 3/25/2021 March 23, 2021City Council Meeting Minutes Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith Present:9 - Proclamations / CommendationsE. Mayor Guajardo proclaimed March 24th "Bill Vessey Day" in Corpus Christi. PUBLIC COMMENTF. Mayor Guajardo referred to comments from the public. The following citizen called in support of Item 12: Dr. Mark Escamilla, President of Del Mar College. The following citizen called in regarding Item 15: Neal Patel, 1820 Regal Row, Dallas, TX. The following citizens submitted written public comments which are attached to the Minutes: Robert MacQueen, 419 Mesquite St.; Katie Gibbs, 13554 Peseta Ct.; Olimpia McAllister, 908 Bentwater Pkwy.; Deziree Deleon, 3022 Daytona Dr.; and Julie Rogers, 710 Furman Ave. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G. Mayor Guajardo referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 1) Camping at Labonte Park will be open during Easter weekend. Other regional parks will be open as well. 2) Update on the Flour Bluff and Padre Island/Mustang Island area development plan. 3) Quick briefing on Halo Flight. HALO FLIGHT BRIEFING, PRESENTED BY TOM KLASSEN, EXECUTIVE DIRECTOR OF HALO FLIGHT a. Executive Director of Halo Flight Tom Klassen presented information on the following topics: Halo Flight is a non-profit air ambulance service; and provides a debt forgiveness program. A Council Member encouraged others to sign up for a Halo Flight membership. EASTER WEEKEND CAMPING AT CITY PARKSb. Reservations for Labonte Park campsite will begin March 23, 2021 through April 1, 2021; and only one campsite is allowed per customer request. BOARD & COMMITTEE APPOINTMENTS: (NONE)H. EXPLANATION OF COUNCIL ACTION:I. Mayor Guajardo referred to Explanation of Council Action. City Secretary Rebecca Huerta stated that Council Member Lerma would like Page 2City of Corpus Christi Printed on 3/25/2021 March 23, 2021City Council Meeting Minutes to make a motion to reconsider an item from the March 16, 2021 meeting. Council Member Lerma made a motion to reconsider a resolution opposing Item 28, 21-0341, from the March 16, 2021 City Council agenda, seconded by Council Member Martinez. The motion failed by the following vote: Council Members Barrera, Smith, Pusley and Mayor Guajardo, voting "No"; Council Members Hernandez, Lerma, Martinez and Molina, voting "Yes"; Council Member Hunter abstained. CONSENT AGENDA: (ITEMS 1 - 14)J. Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 4, 6, 10 and 12 be pulled for individual consideration. A motion was made by Council Member Molina, seconded by Council Member Hernandez to approve the Consent Agenda with the exception of Items 4, 6, 10 and 12. The motion carried by the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 1.Minutes for the Regular Meeting of March 16, 2021. The Minutes were approved on the consent agenda. Consent - Second Reading Ordinances 2.Zoning Case No. 1120-02, Ocean Harbor II, LLC (District 4). Ordinance rezoning property at or near 14805, 14809, 14813, and 14817 Windward from the “RM-AT/IO” Multifamily AT District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032384 3.Zoning Case No. 1220-02, Mario A. Martinez Holdings, LLC.: (District 4) Ordinance rezoning a property at or near 14725 Running Light Drive from the “RS-6/IO” Single-Family 6 District with the Island Overlay to the “RM-AT/IO” Multifamily AT District with the Island Overlay. (Planning Commission and Staff recommend Approval) Page 3City of Corpus Christi Printed on 3/25/2021 March 23, 2021City Council Meeting Minutes This Ordinance was passed on second reading on the consent agenda. Enactment No: 032385 4.Zoning Case No. 1220-03, The Episcopal Church Corporation in West Texas: (District 3) Ordinance rezoning property at or near 4518 Saratoga Boulevard (State Highway 357) from the “RS-6” Single Family 6 District to the “ON” Office Neighborhood District. (Planning Commission recommends Denial and Staff recommends Approval) (3/4 vote required to overturn the Planning Commission’s recommendation) Mayor Guajardo referred to Item 4. A Council Member pulled this item to restate that he was abstaining from this item. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 8 - Abstained:Council Member Barrera1 - Enactment No: 032386 5.Zoning Case No. 0221-01, Adhub, LLC.: (District 3) Ordinance rezoning property at or near 502 South Clarkwood Road (Farm to Market Road 2292) from the “RS-6” Single Family 6 District to the “IC/SP” Industrial Compatible District with a Special Permit (as amended March 16, 2021). (Planning Commission and Staff recommend approval of the “IC” Industrial Compatible District with a Special Permit) (3/4 Vote required to overrule Planning Commission’s recommendation). This Ordinance was passed on second reading on the consent agenda. Enactment No: 032387 6.Ordinance adopting the Northwest Boulevard Corridor Plan as an element of the Plan CC Comprehensive Plan. Mayor Guajardo referred to Item 6. Council Members, City Manager Peter Zanoni and Director of Planning & Environmental Services Dan McGinn discussed the following topics: a Council Member's concern about improper lighting and issues regarding drainage and sewage to the Northwest Boulevard Corridor; two different water districts provide water to the FM 624 area, so the City will work with the other water distributors to get jurisdiction in that area; the planning projects can be updated and improved; staff is involved in the process by which the City develops and implements the area development plans; and there are no firms in town that have a certified city planner. Page 4City of Corpus Christi Printed on 3/25/2021 March 23, 2021City Council Meeting Minutes Council Member Lerma made a motion to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Enactment No: 032388 7.Ordinance approving the Tax Increment Reinvestment Zone #3 (Downtown) Project & Financing Plans approved by the Board of Directors of Reinvestment Zone #3, City of Corpus Christi on January 26, 2021. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032389 Consent - Contracts and Procurement 8.Motion authorizing a three -year supply agreement with Hajoca Corporation, dba Moore Supply Company, of Corpus Christi, Texas, in an amount not to exceed $340,158.00, to purchase gate valves for the City Warehouse as a central distribution point, for the Water and Wastewater Divisions of the Utilities Department, with funding in FY 2021 in an amount of $113,386.00 available through the Stores Fund. This Motion was passed on the consent agenda. Enactment No: M2021-056 9. Resolution authorizing a five-year service agreement with Global ARFF Services, LLC of Houston, Texas, in an amount not to exceed $394,530.36 for aircraft rescue fire truck inspections, maintenance, and repairs, for the Corpus Christi International Airport, with FY 2021 funding in an estimated amount of $78,906.07 available through the Airport Fund. This Resolution was passed on the consent agenda. Enactment No: 032390 10.Motion authorizing a five-year service agreement with Grande Communications Network LLC for in an amount not to exceed $159,000 for Internet access with a 90% E-Rate discount with the Corpus Christi Public Libraries, effective upon issuance of a notice to proceed with FY 2021 funding in an amount of $3,180 available in the General Fund. Page 5City of Corpus Christi Printed on 3/25/2021 March 23, 2021City Council Meeting Minutes Mayor Guajardo referred to Item 10. A Council Member inadvertently pulled this item. Council Member Lerma made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Enactment No: M2021-057 Consent - Capital Projects 11.Motion awarding a professional services contract to HDR Engineering, Inc., Corpus Christi, Texas for the design, bid, and construction phase services for the reconstruction of Alameda Street from Louisiana Avenue to Chamberlain Street, located in Council District 2, in an amount of $522,302.20, with FY 2021 funding available from the Bond 2018, Storm Water, Wastewater, Water, and Gas Funds. This Motion was passed on the consent agenda. Enactment No: M2021-058 12.Motion authorizing the award of a professional services contract to Turner Ramirez & Associates, Inc., Corpus Christi, Texas, to provide design, bid, and construction phase services for the Bond 2020 Police Training Academy project, located at the Del Mar South Campus in Council District 5, in a total amount of $1,056,100.00, with FY 2021 funding approved and available from Bond 2020. Mayor Guajardo referred to Item 12. City Manager Peter Zanoni stated that the purpose of this item is to build a new police training academy located at the Del Mar South Campus that will give cadets the opportunity to pursue continuing education. Director of Engineering Jeff Edmonds presented information on the following topics: bond 2020-public safety; current training facility; police training academy; and cost savings and partnership benefits. Director Edmonds, City Manager Zanoni, Interim Assistant Director of Contracts and Procurement Josh Chronley and Police Chief Mike Markle discussed the following topics: a Council Member's concern that no matrix was included in the agenda memo; the dollar value or the community impact are two justifications for interviews; the City Manager's office is working on redrafting the purchasing policy guidelines; the 12 written proposals were scored and the two finalists were interviewed for the final selection; a diverse group of Page 6City of Corpus Christi Printed on 3/25/2021 March 23, 2021City Council Meeting Minutes individuals were on the interview and scoring panel; Chief Markle stated that he is very excited about the new police academy; and there are about 950 applications for the next academy. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Pusley. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley 8 - Abstained:Council Member Smith1 - Enactment No: M2021-059 General Consent Items 13.Resolution accepting a grant from the Texas Department of Housing and Community Affairs for homeless and housing services program funds in the amount of $190,458.00 to provide housing and case management to homeless people with mental illness and other disabilities and authorizing the City Manager or designee to enter into an agreement with TDHCA. This Resolution was passed on the consent agenda. Enactment No: 032391 14.Resolution by the City Council of the City of Corpus Christi requesting financial assistance from the Texas Water Development Board for a 12-mile OSO Creek Channel Bottom and Green Infrastructure project; authorizing the filing of an application for financial assistance; and making certain findings in connection therewith. This Resolution was passed on the consent agenda. Enactment No: 032392 RECESS FOR LUNCHK. The recess for lunch was held during Executive Session Item 17. PUBLIC HEARINGS: (NONE)L. INDIVIDUAL CONSIDERATION ITEMS: (NONE)M. FIRST READING ORDINANCE: (ITEM 15)N. 15.Ordinance amending the Code of Ordinances, Chapter 55, Utilities, Section 55-61 (a.)(1&2) regarding classification of customers and schedules of rates in order to mitigate the gas bills from February's Page 7City of Corpus Christi Printed on 3/25/2021 March 23, 2021City Council Meeting Minutes extreme weather event for residential customers effective June 1, 2021. Mayor Guajardo referred to Item 15. Assistant City Manager Neiman Young presented information on the following topics: residential gas utility mitigation program (GUMP); purchased gas adjustment (PGA); residential service rate-current vs. GUMP; residential average bill-current vs. GUMP cost of service and expected PGA; and staff recommends approval. Council Members, Director of Gas Operations Bill Mahaffey, and City Manager Peter Zanoni discussed the following topics: rates will go into effect on June 1st because of testing that needs to be done in the utility billing system; there is an operation Heat Help Program available for residents who need financial assistance to pay their bills; aside from this program, payment plans are also available; the meter data showed that during the peak period of available gas, residential customers used about 60% and commercial customers used 40%; and the 15% recovery projection is about seven years. Council Member Molina made a motion to approve this ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 BRIEFINGS: (NONE)O. EXECUTIVE SESSION: (ITEM 17)Q. Mayor Guajardo referred to Executive Session Item 17. The Council went into Executive Session at 1:23 p.m. The Council returned from Executive Session at 1:58 p.m. 17.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the Municipal Court Judges and Texas Government Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, or duties of a public officer or employee (including, but not limited to, the Municipal Court Judges). This E-Session Item was discussed in executive session. FIRST READING ORDINANCE: (ITEM 16) 16.Ordinance appointing Mike Alaniz, Jacqueline Del Llano Chapa, Mark DeKoch, Gail G. Loeb, Julianna Siracusa Rivera, and David Walsh as Page 8City of Corpus Christi Printed on 3/25/2021 March 23, 2021City Council Meeting Minutes full-time Municipal Judges of the Municipal Court of Record in the City of Corpus Christi, Texas; appointing Gail G. Loeb as the presiding judge; appointing Jerry L. Batek, Bill Bonilla, Kali Guttman, Christopher E. Matt, George Picha, and Todd A. Robinson, as part-time judges of the Municipal Court of Record in the City Of Corpus Christi; determining salary; providing a term of office; and declaring an effective date. Mayor Guajardo referred to Item 16. Council Member Martinez thanked all of the applicants that applied for Municipal Court Judges. Council Member Martinez made a motion to approve the ordinance appointing Mike Alaniz, Jacqueline Del Llano Chapa, Mark DeKoch, Gail Loeb, Julianna Siracusa Rivera, and David Walsh as full-time Municipal Judges; appointing Gail Loeb as presiding judge; appointing Jerry Batek, Bill Bonilla, Kali Guttman, Christopher Matt, George Picha, and Todd Robinson as part-time Municipal Judges, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley 8 - Absent:Council Member Smith1 - Abstained:0 LEGISLATIVE UPDATE:P. Mayor Guajardo referred to Legislative Update. Director of Intergovernmental Relations Tammy Embrey presented information on the following topics: 87th Legislature overview; bills to watch for; Corpus Christi priorities; and events to come. Council Members and Director Embrey discussed the following topics: the governor is in support of SB 23; Senator Huffman is carrying SB 23; the City Censorship can take away the ability to hire legislative consultants; and a Council Member's request that the City adopt a resolution in support of the Air Quality Monitoring Funding. ADJOURNMENTR. This meeting was adjourned at 2:27 p.m. Page 9City of Corpus Christi Printed on 3/25/2021 DATE: March 18, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, Finance and Business Analysis Director Heatherh3@cctexas.com 361-826-3227 CAPTION: One-reading ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Utility System Junior Lien Revenue Notes, Taxable New Series 2021A", in an amount not to exceed $35 million for funding needed for the Gas Utility as a result of the February 2021 Extreme Weather Event; making provisions for the payment and security thereof by a junior and inferior lien on and pledge of the net revenues of the City's utility system on a parity with certain currentl y outstanding utility system revenue obligations: and providing an effective date. SUMMARY: The approval of the issuance of Utility System Junior Lien Taxable Revenue Notes, Series 2021A in an amount not to exceed $35M is being requested to minimize the immediate impact of extraordinary natural gas prices for the Gas Utility customers caused by the February 2021 extreme winter weather event and to spread the impact to the Gas Utility customers over a ten (10) year period. BACKGROUND AND FINDINGS: During February 14-19, 2021, the State of Texas experienced exceptionally cold weather across the state. This event caused extreme strain on the electric power grid which resulted in rolling black-outs and a historical spike in prices of natural gas and electricity. The unprecedented price spike caused the average monthly price of natural gas provided to the City’s Gas Utility customers to increase from $4.09 per one thousand cubic feet (mcf) the week prior to the extreme weather event to over $100 per mcf for several days during the event. This unprecedented pricing along with increased demand resulted in the City receiving a $40.7M billing from the City’s natural gas supplier, NextEra, for February gas usage. The average monthly natural gas bill during winter months is typically $1.5 million, and so receiving a bill that is $40.7M for one month put a undue Ordinance approving the issuance of $35M Utility System Junior Lien Taxable Revenue Notes, Series 2021A AGENDA MEMORANDUM One-Reading Ordinance for the City Council Meeting of March 30, 2021 strain on the Gas Department’s budget. The cost for the purchased gas is passed on to the Gas Utility customer every month. To minimize the immediate impact on the Gas Utility customers, City staff worked with the City’s financial advisor, Estrada Hinojosa, and the City’s bond counsel, Norton Rose Fulbright, to explore various financing alternatives to spread the payback to the customer over a period of time. After analyzing various alternatives, City staff decided the best alternative would be to issue private placement taxable utility revenue notes in the amount of $35M. It is anticipated that the Gas Department will receive approxima tely $6M in additional revenue during the month of February due to high gas usage. This revenue will be applied to the February natural gas bill, leaving $35M that needs to be financed. A private placement bond offering is a funding mechanism for securities that are not sold through a public offering but rather through a private offering mostly to a small number of chosen investors including institutional investors. The issuer sends out bids to various investors, and the security is sold to the investor that provides the most advantageous bid terms. The City (who is the issuer) sent out bids on March 15, 2021 to 13 financial institutions. Responses from 7 institutions were received March 25, 2021. Staff recommends awarding the bid to Huntington Bank for a term of ten (10) years at a rate of 1.85%. The security will be structured so that the notes can be called in July 2026 and refunded or paid in full if sufficient revenue is collected prior to the maturity date. This item is a one-reading ordinance to allow the City to receive the funds in the most expeditious manner. Issuance of municipal obligations are e xempted from the City of Corpus Christi’s charter provision regarding dual reading and/or emergency adop tion provisions pursuant to the provisions of Section 1201.028, as amended, of the Texas Government Code. ALTERNATIVES: The alternative is to not finance the cost of the natural gas and pass the full cost to the customers of the City’s Gas Utility in their next bill. FISCAL IMPACT: The City will receive $35M from the issuance of the bonds to be repaid over a ten (10) year period from the revenues received from Gas utility customers. RECOMMENDATION: Staff recommends awarding the bid to Huntington Bank for a term of ten (10) yea rs at a rate of 1.85% for taxable revenue notes to be repaid by the City’s Gas Utility customers through a minimal monthly charge over the 10 year term. LIST OF SUPPORTING DOCUMENTS: Ordinance Bid Sheet 101999469.5 DRAFT ORDINANCE NO. __________ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF “CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE NOTES, TAXABLE NEW SERIES 2021A”, IN AN AMOUNT NOT TO EXCEED $35 MILLION FOR FUNDING NEEDED FOR THE GAS SYSTEM AS A RESULT OF THE FEBRUARY 2021 EXTREME WEATHER EVENT; MAKING PROVISIONS FOR THE PAYMENT AND SECURITY THEREOF BY A JUNIOR AND INFERIOR LIEN ON AND PLEDGE OF THE NET REVENUES OF THE CITY’S UTILITY SYSTEM ON A PARITY WITH CERTAIN CURRENTLY OUTSTANDING UTILITY SYSTEM REVENUE OBLIGATIONS; STIPULATING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF ADDITIONAL REVENUE BONDS ON A PARITY THEREWITH; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE NOTES; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City or Issuer) has heretofore issued, and there are currently outstanding revenue bonds (the Previously Issued Junior Lien Obligations) secured by a first and prior lien on and pledge of the Net Revenues (hereinafter defined) of the City’s combined utility systems (as further described and defined herein, the System); and WHEREAS, in the City ordinances authorizing the issuance of the Previously Issued Junior Lien Obligations, the City reserved the right to issue revenue bonds, notes, warrants, or any similar obligations on a parity with the Previously Issued Junior Lien Obligations from time to time outstanding; and WHEREAS, the City Council has heretofore issued, and there are currently outstanding, obligations supported by a lien on and pledge of the Net Revenues of the System that are inferior to the lien thereon and pledge thereof securing the Junior Lien Obligations (the Previously Issued Subordinate Lien Obligations); and WHEREAS, the City Council has determined for the purpose of improving the credit quality of its Junior Lien Obligations, which has become its primary lien for issuing System debt, that it will no longer issue “Priority Bonds” which were previously secured by a first and prior lien on and pledge of the Net Revenues of the System; and 101999469.5 -2- WHEREAS, on the date hereof, no Priority Bonds remain outstanding, and all System revenue obligations previously subordinate and inferior to the Priority Bonds in priority of lien on and pledge of Net Revenues have been elevated in kind and priority as hereinbefore stated, and all revenue obligations herein and hereafter issued as Junior Lien Obligations shall be secured by a first and prior lien on and pledge of the Net Revenues on parity with the Previously Issued Junior Lien Obligations; and WHEREAS, the City Council has determined that a new series of Junior Lien Obligations payable from and equally and ratably secured solely by a first and prior lien and pledge of the Net Revenues of the System on parity with the lien on and pledge of the Net Revenues securing the Previously Issued Junior Lien Obligations should be issued for the purposes hereinafter described; and WHEREAS, the City is empowered by the provisions of Chapter 1502, as amended, Texas Government Code (the Act), and the City’s Home Rule Charter to issue revenue obligations in the manner herein contemplated; and WHEREAS, the revenue notes hereinafter authorized are to be issued and delivered pursuant to the laws of the State of Texas, including the Act (defined herein), and the terms of this Ordinance (hereinafter defined), for the purposes set forth in this Ordinance; and now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Authorization - Designation - Principal Amount - Purpose. Revenue improvement notes of the City shall be and are hereby authorized to be issued in the aggregate principal amount of ________________________________________ AND NO/100 DOLLARS ($__________), to be designated and bear the title of “CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE NOTES, TAXABLE NEW SERIES 2021A (the Notes), pursuant to this ordinance adopted by the City Council (the Ordinance) for the purpose of (i) financing payments related to acquisition of personal property related to the System to wit: gas purchases by the System during February 2021, and (ii) paying the costs of issuance relating thereto. The Notes shall be payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a first and prior lien on and pledge of Net Revenues that is on parity with the lien thereon and pledge thereof securing the repayment of the Previously Issued Junior Lien Obligations and is senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. The Notes are authorized to be issued pursuant to the authority conferred by and in conformity with the laws of the State of Texas, including (particularly) the Act. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Dated Date. The Notes are issuable in fully registered form only; shall be dated April 1, 2021 (the Dated Date); shall be generally in denominations of $100,000 or any integral multiple of $5,000 in excess thereof, shall be lettered “R-” and numbered consecutively from One (1) upward; and principal shall become due and payable on July 15 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Closing Date (anticipated to occur on April 13, 2021), or the most recent Interest Payment 101999469.5 -3- Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the rates per annum in accordance with the following schedule: Stated Maturities (July 15) Principal Amounts ($) Interest Rates (%) The Notes shall bear interest on the unpaid principal amount thereof at the per annum rates shown above, computed on the basis of a 360-day year of twelve 30-day months, and interest thereon shall be payable semiannually on January 15 and July 15 of each year (each, an Interest Payment Date), commencing July 15, 2021, while the Notes are Outstanding. SECTION 3. Payment of Notes - Interest Payments - Paying Agent/Registrar. The principal of, premium, if any, and interest on the Notes, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of and interest on the Notes shall be without exchange or collection charges to the Holder (hereinafter defined) of the Notes. The selection and appointment of ____________________, ____________, _____________, to serve as the initial Paying Agent/Registrar (the Paying Agent/Registrar) for the Notes is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Notes, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Notes are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution 101999469.5 -4- to be sent to each Holder of the Notes by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Both principal of, premium, if any, and interest on the Notes, due and payable by reason of Stated Maturity, redemption or otherwise, shall be payable only to the registered owner of the Notes appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (defined herein) for purposes of payment of interest thereon and (ii) on the date of surrender of the Notes for purposes of receiving payment of principal thereof at the Notes’ Stated Maturity or upon prior redemption of the Notes. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Note for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of, and premium, if any, on the Notes shall be payable only upon presentation and surrender of the Notes to the Paying Agent/Registrar at its corporate trust office (provided, however, with respect to principal payments prior to the final Stated Maturity, the Notes need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar). Interest on the Notes shall be paid to the Holder whose name appears in the Security Register at the close of business on the last business day of the month next preceding an Interest Payment Date for the Notes (the Record Date) and shall be paid (i) by check sent by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder’s risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Notes shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Notes was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. Mandatory Redemption. The Notes stated to mature on July 15, 20__ and July 15, 20__ are referred to herein as the “Term Notes”. The Term Notes are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Note Fund 101999469.5 -5- for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on July 15 in each of the years as set forth below: Term Notes Stated to Mature on July 15, 20 Term Notes Stated to Mature on July 15, 20 Year Principal Amount ($) Year Principal Amount ($) *Payable at Stated Maturity. The principal amount of a Term Note required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Notes of such Stated Maturity which, at least fifty (50) days prior to the mandatory redemption date (i) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (ii) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Note Fund, or (iii) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. Optional Redemption. The Notes having Stated Maturities on and after July 15, 20__ shall be subject to redemption prior to Stated Maturity, at the option of the City, on July 15, 20__, or any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Notes (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Notes, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Notes shall be entered in the minutes of the City Council. Selection of Notes for Redemption. If less than all Outstanding Notes of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Notes to be redeemed, provided that if less than the entire principal amount of a Note is to be redeemed, the Paying Agent/Registrar shall treat such Note then subject to 101999469.5 -6- redemption as representing the number of Notes Outstanding which is obtained by dividing the principal amount of such Note by $5,000. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Notes, a notice of redemption shall be sent by United States Mail, first-class postage prepaid, in the name of the City and at the City’s expense, by the Paying Agent/Registrar to each Holder of a Note to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). All notices of redemption shall (i) specify the date of redemption for the Notes, (ii) identify the Notes to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Notes, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Notes, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Note is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Note (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Notes (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on said Notes (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue, and such Notes shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. Transfer/Exchange. Neither the City nor the Paying Agent/Registrar shall be required (i) to transfer or exchange any Note during a period beginning forty-five (45) days prior to the date fixed for redemption of the Notes or (ii) to transfer or exchange any Note selected for redemption, provided; however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Note which is subject to redemption in part. SECTION 5. Execution - Registration. The Notes shall be executed on behalf of the City by its Mayor or Mayor Pro Tem, its seal reproduced or impressed thereon, and attested by the City Secretary. The signature of either officer on the Notes may be manual or facsimile. Notes bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Notes to the Purchasers (defined herein), all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Note shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Note either a certificate of registration 101999469.5 -7- substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Note shall be conclusive evidence, and the only evidence, that such Note has been duly certified or registered and delivered. SECTION 6. Registration - Transfer - Exchange of Notes - Predecessor Notes. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Notes, or, if appropriate, the nominee thereof. Any Note may, in accordance with its terms and the terms hereof, be transferred or exchanged for Notes of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Note to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Note at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Notes of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Note or Notes surrendered for transfer. At the option of the Holder, Notes may be exchanged for other Notes of the same series and of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Notes surrendered for exchange upon surrender of the Notes to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Notes are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Notes, to the Holder requesting the exchange. All Notes issued upon any transfer or exchange of Notes shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Notes surrendered upon such transfer or exchange. All transfers or exchanges of Notes pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any fee, tax or other governmental charges required to be paid with respect to such transfer or exchange. Notes canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Notes, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Note or Notes registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Notes shall include any Note registered and delivered pursuant to Section 27 in lieu of a mutilated, lost, destroyed, or stolen Note which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Note. 101999469.5 -8- SECTION 7. Initial Note. The Notes herein authorized shall be issued initially either (i) as a single fully-registered Note in the total principal amount of $__________ with principal installments to become due and payable as provided in Section 2 and numbered T-1, or (ii) as one (1) fully-registered Note for each year of Stated Maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (the Initial Note) and, in either case, the Initial Note shall be registered in the name of the initial purchasers or the designee thereof. The Initial Note shall be the Note submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchasers. Any time after the delivery of the Initial Note, the Paying Agent/Registrar shall cancel the Initial Note delivered hereunder and exchange therefor definitive Notes of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8. Forms. Forms Generally. The Notes, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Notes shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Notes, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of Bond Counsel (hereinafter referenced)) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Notes as evidenced by their execution thereof. Any portion of the text of any Note may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Note. The definitive Notes shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Notes as evidenced by their execution thereof, but the Initial Note submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 101999469.5 -9- Form of Definitive Note. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. ______ $______________ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE NOTES, TAXABLE NEW SERIES 2021A Dated Date: Interest Rate: Stated Maturity: CUSIP NO: April 1, 2021 REGISTERED OWNER: _________________________________________________________ PRINCIPAL AMOUNT: _______________________________________________ DOLLARS The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption), and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to occur on April 13, 2021 or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360-day year of 30-day months; such interest being payable on January 15 and July 15 of each year (each, an Interest Payment Date), commencing July 15, 2021. Principal and premium, if any, of the Note shall be payable to the Registered Owner hereof (the Holder) upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof (provided, however, with respect to principal payments prior to the final Stated Maturity, the Notes need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar). Interest shall be payable to the Holder of this Note (or one or more Predecessor Notes, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the last business day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Note shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on the appropriate date of payment by United States Mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder’s risk and expense. 101999469.5 -10- This Note is one of the series specified in its title issued in the aggregate principal amount of $___________ (the Notes) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purpose of (i) financing payments related to acquisition of personal property related to the System to wit: gas purchases by the System during February 2021, and (ii) paying the costs of issuance related thereto, all in conformity with the laws of the State of Texas, particularly the City’s Home Rule Charter and the Act, and the Ordinance. The Notes shall be payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a first and prior lien on and pledge of Net Revenues that is on parity with the lien thereon and pledge thereof securing the repayment of the Previously Issued Junior Lien Obligations and that is senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. The Notes stated to mature on July 15, 20__ and July 15, 20__ are referred to herein as the “Term Notes”. The Term Notes are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Note Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on July 15 in each of the years as set forth below: Term Notes Stated to Mature on July 15, 20 Term Notes Stated to Mature on July 15, 20 Year Principal Amount ($) Year Principal Amount ($) *Payable at Stated Maturity. The principal amount of a Term Note required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Notes of such Stated Maturity which, at least fifty (50) days prior to the mandatory redemption date (i) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (ii) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Note Fund, or (iii) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Notes stated to mature on and after July 15, 20__ may be redeemed prior to their Stated Maturities, at the option of the City, on July 15, 20__ or on any date, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being 101999469.5 -11- given by United States mail, first-class postage prepaid, to Holders of the Notes to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Note is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Note to the Paying Agent/Registrar at its corporate trust office, a new Note or Notes of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Note (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Note (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. In the event of a partial redemption of the principal amount of this Note, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Note to the corporate trust office of the Paying Agent/Registrar and, there shall be issued to the registered owner hereof, without charge, a new Note or Notes of like maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Note is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Note within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Notes of this series are special obligations of the City, issued as Junior Lien Obligations, payable from and equally and ratably secured by a first and prior lien on and pledge of the Junior Lien Pledged Revenues, being (primarily) a lien on and pledge of the Net Revenues derived from the operation of the City’s combined utility systems (as further described in the Ordinance, the System), that is on parity with the lien thereon and pledge thereof securing the repayment of the Previously Issued Junior Lien Obligations and that is senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. In the Ordinance, the City reserves and retains the right to issue Additional Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations without limitation as to principal amount but subject to any terms, conditions, or restrictions set forth in the Ordinance or as may be applicable thereto under law or otherwise. The Notes do not constitute a legal or equitable pledge, charge, lien, or encumbrance upon any property of the City or System, except with respect to the Junior Lien Pledged Revenues. The Holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description and nature of the Junior 101999469.5 -12- Lien Pledged Revenues pledged for the payment of the Notes; the terms and conditions under which the City may issue Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, and Inferior Lien Obligations; the terms and conditions relating to the transfer or exchange of the Notes; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Note may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Note, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Notes of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Note as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Note in order to render the same a legal, valid, and binding special obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by law, and that issuance of the Notes does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Notes by a pledge of and lien on the Junior Lien Pledged Revenues. In case any provision in this Note or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Note and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank] 101999469.5 -13- IN WITNESS WHEREOF, this Note has been signed with the imprinted or lithographed facsimile signature of the Mayor of the City, attested by the imprinted or lithographed facsimile signature of the City Secretary, and the official seal of the City has been duly affixed to, printed, lithographed or impressed on this Note. CITY OF CORPUS CHRISTI, TEXAS __________________________________________ Mayor ATTEST: ____________________________________ City Secretary (SEAL) [The remainder of this page intentionally left blank.] 101999469.5 -14- Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Note Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS THE STATE OF TEXAS § § § § REGISTER NO. I HEREBY CERTIFY that this Note has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this . ____________________________________ Comptroller of Public Accounts of the State of Texas (SEAL) * Note to Printer: Not to appear on printed Notes Form of Certificate of Paying Agent/Registrar to Appear on Definitive Notes Only. CERTIFICATE OF PAYING AGENT/REGISTRAR This Note has been duly issued under the provisions of the within-mentioned Ordinance; the Note or Notes of the above-entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: ___________________________________ ________________, ________, ___________, as Paying Agent/Registrar By: _______________________________ Authorized Signature * Note to Printer: to appear on printed Notes 101999469.5 -15- Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): _________________________________ ______________________________________________________________________________ (Social Security or other identifying number): ________________________________________ the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________attorney to transfer the within Note on the books kept for registration thereof, with full power of substitution in the premises. DATED: ____________________________ ________________________________________________ NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Note in every particular. Signature guaranteed: ____________________________________ [The remainder of this page intentionally left blank.] 101999469.5 -16- Form of Initial Note. The Initial Note shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Note shall be modified as follows: (1) immediately under the name of the Note(s) the headings “Interest Rate” and “Stated Maturity” shall both be completed “as shown below”; (2) the first two paragraphs shall read as follows: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the fifteenth day of July in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Stated Maturity Principal Amounts ($) Interest Rates (%) (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to occur on April 13, 2021), or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360-day year of 30-day months; such interest being payable on January 15 and July 15 of each year (each, an Interest Payment Date), commencing July 15, 2021. Principal of this Note shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, at the corporate trust office of ______________, _________, ___________ (the Paying Agent/Registrar); provided, however, with respect to principal payments prior to the final Stated Maturity, the Notes need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar. Interest shall be payable to the Holder of this Note whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the last business day of the month next preceding each interest payment date. All payments of principal of and interest on this Note shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. [END OF FORMS] 101999469.5 -17- Insurance Legend. If bond insurance is obtained by the Purchasers or the City for the Notes, the definitive Notes and the Initial Note shall bear an appropriate legend as provided by the bond insurer, to appear under the following header: [BOND INSURANCE] SECTION 9. Definitions. For all purposes of this Ordinance, except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 32 and 46 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated “Sections” and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words “herein”, “hereof”, and “hereunder” and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. The term Accountant shall mean a nationally recognized independent certified public accountant, or an independent firm of certified public accountants. The term Additional Junior Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a lien and pledge of the Junior Lien Pledged Revenues, such pledge to include a pledge of Net Revenues that is senior and superior to the lien thereon and pledge thereof that is or will be pledged to the payment of any Subordinate Lien Obligations and any Inferior Lien Obligations now Outstanding or hereafter issued by the City, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, as determined by the City Council in accordance with applicable law. The term Additional Subordinate Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a lien and pledge of the Net Revenues, such pledge being subordinate and inferior to the lien on and pledge of the Net Revenues that is included in Junior Lien Pledged Revenues, but senior and superior to the lien thereon and pledge thereof that is or will be pledged to the payment of the Inferior Lien Obligations now Outstanding or hereafter issued by the City, and on parity with the lien on and pledge of the Net Revenues securing the payment of the then-Outstanding Subordinate Lien Obligations and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by such subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with applicable law. The term Authorized Official shall mean the City Manager, each Assistant City Manager, Chief Financial Officer, Director of Finance and Business Analysis, City Secretary, and City Attorney of the City. The term Average Annual Debt Service Requirements shall mean that average amount which, at the time of computation, will be required to pay the Debt Service Requirements of obligations when due and derived by dividing the total of such Debt Service Requirements by the 101999469.5 -18- number of years then remaining before final Stated Maturity. The calculation of Average Annual Debt Service Requirements shall be net of (1) capitalized interest from bond proceeds and (2) the receipt or anticipated receipt of a refundable tax credit or similar payment relating to a series of Junior Lien Obligations irrevocably designated as refundable tax credit bonds, which payment shall be treated as one offset to regularly scheduled debt service of the series of Junior Lien Obligations to which it relates. The term Capital Additions shall mean a reservoir or other water storage facilities, a water or wastewater treatment plant or an interest therein, an electric generation facility and/or distribution system or an interest therein, a gas distribution system or an interest therein and associated transmission facilities with respect to each and any combination thereof, which shall become a part of the System. The term Capital Improvements shall mean any capital extensions, improvements and betterments to the System other than Capital Additions. The term City shall mean the City of Corpus Christi, Texas and, where appropriate, the City Council of the City. The term Closing Date shall mean the date of physical delivery of the Initial Note in exchange for the payment in full by the Purchasers. The term Credit Agreement shall mean a loan agreement, revolving credit agreement, agreement establishing a line of credit, letter of credit, reimbursement agreement, insurance contract, commitments to purchase Debt, purchase or sale agreements, interest rate swap agreements, or commitments or other contracts or agreements authorized, recognized, and approved by the City as a Credit Agreement in connection with the authorization, issuance, security, or payment of any obligation authorized by Chapter 1371, as amended, Texas Government Code, and which includes any Credit Facility. The term Credit Facility shall mean (i) a policy of insurance or a surety bond, issued by an issuer of policies of insurance insuring the timely payment of debt service on governmental obligations, or (ii) a letter or line of credit issued by any financial institution. The term Credit Provider shall mean any bank, financial institution, insurance company, surety bond provider, or other institution which provides, executes, issues, or otherwise is a party to or provider of a Credit Agreement or Credit Facility. The term Debt shall mean (1) all indebtedness payable from Net Revenues and/or Junior Lien Pledged Revenues incurred or assumed by the City for borrowed money (including indebtedness payable from Net Revenues and/or Junior Lien Pledged Revenues arising under Credit Agreements) and all other financing obligations of the System payable from Net Revenues and/or Junior Lien Pledged Revenues that, in accordance with generally accepted accounting principles, are shown on the liability side of a balance sheet; and 101999469.5 -19- (2) all other indebtedness payable from Junior Lien Pledged Revenues and/or Net Revenues (except indebtedness not treated as Debt hereunder) for borrowed money or for the acquisition, construction, or improvement of property or capitalized lease obligations pertaining to the System that is guaranteed, directly or indirectly, in any manner by the City, or that is in effect guaranteed, directly or indirectly, by the City through an agreement, contingent or otherwise, to purchase any such indebtedness or to advance or supply funds for the payment or purchase of any such indebtedness or to purchase property or services primarily for the purpose of enabling the debtor or seller to make payment of such indebtedness, or to assure the owner of the indebtedness against loss, or to supply funds to or in any other manner invest in the debtor (including any agreement to pay for property or services irrespective of whether or not such property is delivered or such services are rendered), or otherwise. For the purpose of determining Debt, there shall be excluded any particular Debt if, upon or prior to the maturity thereof, there shall have been deposited with the proper depository (i) in trust the necessary funds (or investments that will provide sufficient funds, if permitted by the instrument creating such Debt) for the payment, redemption, or satisfaction of such Debt or (ii) evidence of such Debt deposited for cancellation; and thereafter it shall not be considered Debt. No item shall be considered Debt unless such item constitutes indebtedness under generally accepted accounting principles applied on a basis consistent with the financial statements of the System in prior Fiscal Years. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest calculated by assuming (i) that the interest rate for every 12-month period on such bonds is equal to the rate of interest reported in the most recently published edition of The Bond Buyer (or its successor) at the time of calculation as the “Revenue Bond Index” or, if such Revenue Bond Index is no longer being maintained by The Bond Buyer (or its successor) at the time of calculation, such interest rate shall be assumed to be 80% of the rate of interest then being paid on United States Treasury obligations of like maturity and (ii) that, in the case of bonds not subject to fixed scheduled mandatory sinking fund redemptions, that the principal of such bonds is amortized such that annual debt service is substantially level over the remaining stated life of such bonds or in the manner permitted under Section 1371.057(c), as amended, Texas Government Code as the same relates to interim or non–permanent indebtedness, and in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity according to a fixed schedule, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto (in each case notwithstanding any contingent obligation to redeem bonds more rapidly). For the term of any Credit Agreement in the form of an interest rate hedge agreement entered into in connection with any such obligations, Debt Service Requirements shall 101999469.5 -20- be computed by netting the amounts payable to the City under such hedge agreement from the amounts payable by the City under such hedge agreement and such obligations. The term Depository shall mean an official depository bank of the City. The term Engineer shall mean an individual, firm, or corporation engaged in the engineering profession, being a registered professional engineer under the laws of the State of Texas, having specific experience with respect to a combined municipal utility system similar to the System and such individual, firm, or corporation may be employed by, or may be an employee of, the City. The term Fiscal Year shall mean the twelve month accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City, presently being that period commencing on October 1 of each year and ending on the following September 30. The term Government Securities shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America, and (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. When the Previously Issued Junior Lien Obligations issued on or before August 25, 2016, are no longer Outstanding, the term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Notes. The term Gross Revenues shall mean all revenues, income, and receipts derived or received by the City from the operation and ownership of the System, including the interest income from the investment or deposit of money in any Fund created or confirmed by this Ordinance or 101999469.5 -21- maintained by the City in connection with the System, other than those amounts subject to payment to the United States of America as rebate pursuant to section 148 of the Code. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Note. The term Inferior Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a lien and pledge of the Net Revenues, which pledge is subordinate and inferior to the lien on and pledge of the Net Revenues that is included in Junior Lien Pledged Revenues, that is or will be pledged to the payment of the Subordinate Lien Obligations, and that is on parity with the lien on and pledge of the Net Revenues securing the payment of the then-Outstanding Inferior Lien Obligations and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by such subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with applicable law. The term Interest Payment Date shall mean the date semiannual interest is payable on the Notes, being January 15 and July 15 of each year, commencing July 15, 2021, while any of the Notes remain Outstanding. The term Junior Lien Obligations shall mean (i) the Previously Issued Junior Lien Obligations, (ii) any Additional Junior Lien Obligations, and (iii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a first and prior lien on and pledge of Net Revenues that is senior and superior to the lien thereon and pledge thereof securing the repayment of any Subordinate Lien Obligations and any Inferior Lien Obligations, as determined by the City Council in accordance with applicable law. The term Junior Lien Pledged Revenues shall mean (i) the Net Revenues, plus (ii) any additional revenues, income, receipts, or other resources including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which hereafter are pledged by the City to the payment of the Notes, and at the City’s discretion, any Additional Junior Lien Obligations, and excluding those revenues excluded from Gross Revenues. The term Net Revenues shall mean all Gross Revenues less Operating Expenses. The term Notes shall mean the $_________ “CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE NOTES, TAXABLE NEW SERIES 2021A”, dated April 1, 2021, authorized by this Ordinance. The term Note Fund shall mean the special Fund or account created and established by the provisions of Section 13 of this Ordinance. The term Operating Expenses shall mean the expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City, reasonably and fairly exercised by the passage of appropriate ordinances, are necessary to render 101999469.5 -22- adequate service, or such as might be necessary to meet some physical accident or condition which would otherwise impair any Junior Lien Obligations, Subordinate Lien Obligations, Inferior Lien Obligations, or other Debt of the System. Operating Expenses shall include the purchase of water, sewer and gas services as received from other entities and the expenses related thereto and, to the extent permitted by a change in law (and receipt of an opinion as to legality from a firm of nationally recognized bond counsel), Operating Expenses may include payments made on or in respect of obtaining and maintaining any Credit Facility. Operating Expenses shall never include any allowance for depreciation, property retirement, depletion, obsolescence, and other items not requiring an outlay of cash and any interest on the Notes or any Debt. The term Ordinance shall mean this Ordinance adopted by the City Council on March 30, 2021 authorizing the issuance of the Notes. The term Outstanding shall mean when used in this Ordinance with respect to all Debt means, as of the date of determination, all Debt except: (1) those Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations for which payment has been duly provided by the City in accordance with the provisions of Section 34 of this Ordinance; and (3) those Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations that have been mutilated, destroyed, lost, or stolen and replacement Notes have been registered and delivered in lieu thereof as provided in Section 27 of this Ordinance. The term Paying Agent/Registrar shall mean the financial institution specified in Section 3 of this Ordinance, or its herein-permitted successors and assigns. The term Previously Issued Junior Lien Obligations shall mean, as of the Closing Date the Outstanding and unpaid obligations of the City that are payable solely from and equally and ratably secured by a lien on and pledge of the Junior Lien Pledged Revenues which includes a first and prior lien on and pledge of Net Revenues of the System that is superior to the lien thereon and pledge thereof securing any Subordinate Lien Obligations and any Inferior Lien Obligations, identified as follows: (1) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2012”, dated November 15, 2012, in the original principal amount of $69,085,000; (2) “City of Corpus Christi, Texas Utility System Junior Lien Revenue and Refunding Bonds, Series 2012”, dated November 15, 2012, in the original principal amount of $155,660,000; 101999469.5 -23- (3) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2013”, dated November 1, 2013, in the original principal amount of $97,930,000; (4) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2015”, dated July 1, 2015, in the original principal amount of $46,990,000; (5) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2015A”, dated March 1, 2015, in the original principal amount of $93,600,000; (6) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2015C”, dated July 1, 2015, in the original principal amount of $101,385,000; (7) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2016”, dated August 1, 2016, in the original principal amount of $80,415,000; (8) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2017”, dated March 15, 2017, in the original principal amount of $51,215,000; (9) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2017”, dated October 1, 2017, in the original principal amount of $2,750,000; (10) “City of Corpus Christi, Texas Utility System Junior Lien Revenue and Improvement Refunding Bonds, Series 2019”, dated September 15, 2019, in the original principal amount of $93,425,000; (11) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement and Refunding Bonds, Series 2020A”, dated July 15, 2020, in the original principal amount of $133,765,000; (12) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Taxable Series 2020B”, dated July 15, 2020, in the original principal amount of $183,635,000; (13) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, New Series 2020C”, dated November 1, 2020, in the original principal amount of $11,425,000; and (14) Upon issuance, the Notes. 101999469.5 -24- The term Previously Issued Subordinate Lien Obligations shall mean the “City of Corpus Christi, Texas Utility System Subordinate Lien Revenue Refunding Bonds, Series 2018”, dated February 15, 2018, in the original principal amount of $34,835,000. The term Prudent Utility Practice shall mean any of the practices, methods and acts, in the exercise of reasonable judgment, in the light of the facts, including but not limited to the practices, methods and acts engaged in or approved by a significant portion of the public utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. It is recognized that Prudent Utility Practice is not intended to be limited to the optimum practice, method or act at the exclusion of all others, but rather is a spectrum of possible practices, methods or acts which could have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. In the case of any facility included in the System which is owned in common with one or more other entities, the term “Prudent Utility Practice”, as applied to such facility, shall have the meaning set forth in the agreement governing the operation of such facility. The term Purchasers shall mean the initial purchaser or purchasers of the Notes named in Section 28 of this Ordinance. The term Required Reserve Amount shall have the meaning given such term in Section 14 of this Ordinance. The term Reserve Fund shall have the meaning given such term in Section 14 of this Ordinance. The term Reserve Fund Deposits shall have the meaning given such term in Section 14 of this Ordinance. The term Special Project shall mean, to the extent permitted by law, any water, sewer, wastewater reuse, or municipal drainage system property, improvement, or facility declared by the City, upon the recommendation of the City Council, not to be part of the System, for which the costs of acquisition, construction, and installation are paid from proceeds of Special Project Bonds (hereinafter defined) being a financing transaction other than the issuance of bonds payable from ad valorem taxes, Net Revenues, or Junior Lien Pledged Revenues, and for which all maintenance and operation expenses are payable from sources other than ad valorem taxes, Net Revenues, or Junior Lien Pledged Revenues, but only to the extent that and for so long as all or any part of the revenues or proceeds of which are or will be pledged to secure the payment or repayment of such costs of acquisition, construction, and installation under such Special Project Bonds. The term Stated Maturity shall mean the annual principal payments of the Notes payable on July 15 of each year, as set forth in Section 2 of this Ordinance. The term Subordinate Lien Obligations shall mean (i) the Previously Issued Subordinate Lien Obligations, (ii) any Additional Subordinate Lien Obligations, and (iii) any obligations issued to refund the foregoing payable and equally and ratably secured from a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien thereon and pledge thereof that is included in the Junior Lien Pledged Revenues but superior to the lien thereon and pledge thereof securing 101999469.5 -25- the payment of the Inferior Lien Obligations, as determined by the City Council in accordance with any applicable law. The term System shall mean and include, whether now existing or hereinafter added, the City’s existing combined waterworks system, wastewater disposal system and gas system, together with all future extensions, improvements, enlargements, and additions thereto including, to the extent permitted by law (and to be added at the sole discretion of the City), storm sewer and drainage within the waterworks system, solid waste disposal system, additional utility (including electricity), telecommunications, technology, and any other similar enterprise services, and all replacements, additions, and improvements to any of the foregoing, within or without the City limits; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not include any waterworks, wastewater or gas facilities which are declared by the City to be a Special Project and not a part of the System and which are hereafter acquired or constructed by the City with the proceeds from the issuance of Special Project Bonds, which are hereby defined as being special revenue obligations of the City which are not secured by or payable from all or part of the Net Revenues and/or Junior Lien Pledged Revenues, but which are secured by and payable solely from special contract revenues, or payments received from the City or any other legal entity, or any combination thereof, in connection with such facilities; and such revenues or payments shall not be considered as or constitute Gross Revenues of the System, unless and to the extent otherwise provided in the ordinance or ordinances authorizing the issuance of such Special Project Bonds. The term System Fund shall have the meaning given such term in Section 12 of this Ordinance. SECTION 10. Pledge of Junior Lien Pledged Revenues. The City hereby covenants and agrees that the Junior Lien Pledged Revenues of the System are hereby irrevocably pledged to the payment and security of the Junior Lien Obligations, including the establishment and maintenance of the special funds or accounts created for the payment and security thereof, all as hereinafter provided; and it is hereby ordained that the Junior Lien Obligations, and the interest thereon, shall constitute a lien on and pledge of the Junior Lien Pledged Revenues and be valid and binding without any physical delivery thereof or further act by the City, and the lien created hereby on the Junior Lien Pledged Revenues for the payment and security of the Junior Lien Obligations, shall be prior in right and claim as to any other indebtedness, liability, or obligation of the City or the System. The Junior Lien Obligations are and will be secured by and payable only from the Junior Lien Pledged Revenues, and are not secured by or payable from a mortgage or deed of trust on any properties whether real, personal, or mixed, constituting the System. Chapter 1208, as amended, Texas Government Code, applies to the issuance of the Notes and the pledge of Junior Lien Pledged Revenues granted by the City under subsection A of this Section, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Junior Lien Obligations are Outstanding and unpaid such that the pledge of the Junior Lien Pledged Revenues granted by the City is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Junior Lien Obligations the perfection of the security i nterest in this pledge, the City Council agrees to take such measures as it determines are reasonable and necessary under Texas law to 101999469.5 -26- comply with the applicable provisions of Chapter 9, as amended, Texas Business & Commerce Code and enable a filing to perfect the security interest in this pledge to occur. SECTION 11. Rates and Charges. For the benefit of the Holders of the Notes and in addition to all provisions and covenants in the laws of the State of Texas and in this Ordinance, the City hereby expressly stipulates and agrees, while any of the Junior Lien Obligations are Outstanding, to establish and maintain rates and charges for facilities and services afforded by the System that are reasonably expected, on the basis of available information and experience and with due allowance for contingencies, to produce Gross Revenues in each Fiscal Year sufficient: To pay all Operating Expenses, or any expenses required by statute to be a first claim on and charge against the Gross Revenues of the System. To produce Net Revenues, together with any other lawfully available funds, equal to at least 1.15 times Average Annual Debt Service Requirements on the then-Outstanding Junior Lien Obligations and to deposit the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Junior Lien Obligations, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured solely by a first and prior lien on and pledge of the Net Revenues, including the Junior Lien Pledged Revenues, that is senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations; To produce Net Revenues, together with any other lawfully available funds, sufficient to pay the amounts that may be deposited in the special funds established for the payment of the Subordinate Lien Obligations; To produce Net Revenues, together with any other lawfully available funds, sufficient to pay the principal of and interest on the Inferior Lien Obligations as the same become due and payable and to deposit the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Inferior Lien Obligations, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured solely by a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien thereon and pledge thereof securing the repayment of the Junior Lien Obligations, and the Subordinate Lien Obligations; and To pay, together with any other lawfully available funds, any other legally incurred Debt payable from the Net Revenues of the System and/or secured by a lien on any part of the System. The determination of the amount of principal of and interest on any obligations identified in this Section for the purpose of confirming the sufficiency of System rates and charges shall be made after giving consideration as an offset to debt service the receipt or anticipated receipt of a refundable tax credit or similar payment relating to any series of obligations irrevocably designated as refundable tax credit bonds pursuant to the City ordinance authorizing their issuance or otherwise relating thereto. SECTION 12. System Fund. The City hereby covenants, agrees, and ratifies its prior covenants and agreements that the Gross Revenues of the System shall be deposited, as collected and received, into a separate Fund or account (previously created and established and to be 101999469.5 -27- maintained with the Depository) known as the “City of Corpus Christi, Texas Utility System Revenue Fund” (the System Fund) and that the Gross Revenues of the System shall be kept separate and apart from all other funds of the City. All Gross Revenues deposited into the System Fund shall be pledged and appropriated to the extent required for the following uses and in the order of priority shown: First: To the payment of all necessary and reasonable Operating Expenses or other expenses required by statute to be a first charge on and claim against the revenues of the System. Second: To the payment of the amounts required to be deposited into the special funds and accounts created and established for the payment, security and benefit of the Previously Issued Junior Lien Obligations, the Notes, and any Additional Junior Lien Obligations hereafter issued by the City. Third: To the payment of the amounts required to be deposited into the special funds and accounts created and established for the payment, security and benefit of the Previously Issued Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the City. Fourth: To the payment of the amounts that must be deposited in any special funds and accounts created and established for the payment, security, and benefit of any Inferior Lien Obligations hereafter issued by the City. Any Net Revenues remaining in the System Fund following such transfers may be used by the City for payment of other obligations of the System, and for any other lawful purpose. SECTION 13. Note Fund - Excess Funds. For purposes of providing funds to pay the principal of and interest on the currently Outstanding Junior Lien Obligations as the same become due and payable, the City agrees to maintain, at the Depository, a separate and special Fund or account to be created and known as the “City of Corpus Christi, Texas Utility System Junior Lien Revenue Notes Interest and Sinking Fund” (the Note Fund). The City covenants that there shall be deposited by an Authorized Official into the Note Fund prior to each principal and interest payment date from the available Net Revenues an amount equal to one hundred per cent (100%) of the amount required to fully pay the interest on and the principal of the currently Outstanding Junior Lien Obligations then falling due and payable, such deposits to pay maturing principal and accrued interest on the currently Outstanding Junior Lien Obligations to be made in substantially equal monthly installments on or before the 10th day of each month, beginning on or before the 10th day of the month next following the delivery of the Notes to the Purchasers. As described further in Section 15 hereof, if the Junior Lien Pledged Revenues in any month are insufficient to make the required payments into the Note Fund, then the amount of any deficiency in such payment shall be added to the amount otherwise required to be paid into the Note Fund in the next month. The required monthly deposits to the Note Fund for the payment of principal of and interest on the currently Outstanding Junior Lien Obligations shall continue to be made as hereinabove provided until such time as (i) the total amount on deposit in the Note Fund and Reserve Fund is equal to the amount required to fully pay and discharge all Outstanding Junior Lien Obligations (principal and interest) or (ii) the Junior Lien Obligations are no longer Outstanding. 101999469.5 -28- Any proceeds of the Notes, and investment income thereon, not expended for authorized purposes shall be deposited into the Note Fund and shall be taken into consideration and reduce the amount of monthly deposits required to be deposited into the Note Fund from the Net Revenues of the System. Any surplus proceeds from the sale of the Notes, including investment income thereon, not expended for authorized purposes shall be deposited in the Note Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in such Fund from the Junior Lien Pledged Revenues. SECTION 14. Reserve Fund. To accumulate and maintain a reserve for the payment of the Notes equal to 100% of the Average Annual Debt Service Requirements or such lesser amount as restricted by the Code (calculated by the City Council at the beginning of each Fiscal Year and as of the date of issuance of the Notes and each series of Additional Junior Lien Obligations) for the Notes (the Required Reserve Amount), the City hereby creates and establishes, and shall maintain at a Depository a separate and special fund known as the “Corpus Christi, Texas Utility System Junior Lien Revenue Notes Reserve Fund” (the Reserve Fund). Earnings and income derived from the investment of amounts held for the credit of the Reserve Fund shall be retained in the Reserve Fund until the Reserve Fund contains the Required Reserve Amount; thereafter, such earnings and income shall be deposited to the credit of the System Fund. All funds deposited into the Reserve Fund shall be used solely for the payment of the principal of and interest on the Notes, when and to the extent other funds available for such purposes are insufficient and, in addition, may be used to retire the last Stated Maturity or Stated Maturities of or interest on the Notes. The City may acquire a Credit Facility or Facilities issued by a Credit Provider in amounts equal to all or part of the Required Reserve Amount for the Notes in lieu of depositing cash into the Reserve Fund; provided, however, that no such Credit Facility may be so substituted unless the substitution of the Credit Facility will not, in and of itself, cause any ratings then assigned to the Notes by any nationally recognized rating agency to be lowered and the resolution authorizing the substitution of the Credit Facility for all or part of the Required Reserve Amount for the Notes contains (i) a finding that such substitution is cost effective and (ii) a provision that the interest due on any repayment obligation of the City by reason of payments made under such Credit Facility does not exceed the highest lawful rate of interest which may be paid by the City at the time of the delivery of the Credit Facility. The City reserves the right to use Junior Lien Pledged Revenues to fund the payment of (1) periodic premiums on the Credit Facility as a part of the payment of the City’s Operating Expenses, and (2) any repayment obligation incurred by the City (including interest) to the Credit Provider, the payment of which will result in the reinstatement of such Credit Facility, prior to making payments required to be made to the Reserve Fund pursuant to the provisions of this Section to restore the balance in such fund the Required Reserve Amount for the Notes. Until the issuance of any Additional Junior Lien Obligations (or as from time to time recalculated by the City as provided in the first paragraph of this Section), the Required Reserve Amount is $________ (inclusive of the Notes). Of this amount, $__________, representing the portion of the Required Reserve Amount attributable to the Notes, shall be deposited to the Reserve Fund at such time as may be required pursuant to the provisions of this Section from Revenues, paid from the System Fund at such level of priority as specified in Section 12, by the deposit of 101999469.5 -29- monthly installments, made on or before the 10th day of each month following the month in which such obligation to fund the Reserve Fund arises, of not less than 1/60th of the amount to be maintained in the Reserve Fund. As and when Additional Junior Lien Obligations are delivered or incurred, the Required Reserve Amount shall be increased, if required, to an amount calculated in the manner provided in the first paragraph of this Section. Any additional amount required to be maintained in the Reserve Fund shall be so accumulated by the deposit of all or a portion of the necessary amount from the proceeds of the issue or other lawfully available funds in the Reserve Fund immediately after the delivery of the then proposed Additional Junior Lien Obligations or, at the option of the City, by the deposit of monthly installments, made on or before the business day before the 10th day of each month following the month of delivery of the then proposed Additional Junior Lien Obligations, of not less than 1/60th of the additional amount to be maintained in the Reserve Fund by reason of the issuance of the Additional Junior Lien Obligations then being issued (or 1/60th of the balance of the additional amount not deposited immediately in cash) (such deposits, the Required Reserve Fund Deposits), thereby ensuring the accumulation in the Reserve Fund of the appropriate Required Reserve Amount. When and for so long as the cash and investments in the Reserve Fund equal the Required Reserve Amount, no deposits need be made to the credit of the Reserve Fund; but, if and when the Reserve Fund at any time contains less than the Required Reserve Amount (other than as the result of the issuance of Additional Junior Lien Obligations as provided in the preceding paragraph), the City covenants and agrees to cure the deficiency in the Required Reserve Amount by resuming the Required Reserve Fund Deposits to the Reserve Fund from the Junior Lien Pledged Revenues in monthly deposit amounts equal to not less than 1/60th of the Required Reserve Amount covenanted by the City to be maintained in the Reserve Fund. Any such deficiency payments shall be made on or before the 10th day of each month until the Required Reserve Amount has been fully restored. The City further covenants and agrees that, subject only to the prior payments to be made to the Note Fund, the Junior Lien Pledged Revenues shall be applied and appropriated and used to establish and maintain the Required Reserve Amount and to cure any deficiency in such amounts as required by the terms of this Ordinance, and any other ordinance pertaining to the issuance of Additional Junior Lien Obligations. During such time as the Reserve Fund contains the Required Reserve Amount, the City Council may, at its option, withdraw all surplus funds in the Reserve Fund in excess of the Required Reserve Amount. Any such withdrawn surplus shall be deposited to the Note Fund or used by the City for any other lawful purpose; provided, however, to the extent that such excess amount represents Note proceeds, then such amount must be transferred to the Note Fund or be otherwise used in accordance with then-applicable State law. In the event a Credit Facility issued to satisfy all or a part of the City’s obligation with respect to the Reserve Fund causes the amount then on deposit in the Reserve Fund to exceed the Required Reserve Amount for the Notes, the City may transfer such excess amount to any fund or funds established for the payment of or security for the Notes (including any escrow established for the final payment of any such obligations pursuant to the provisions of Chapter 1207), or be used for any lawful purposes; provided, however, to the extent that such excess amount represents Note proceeds, then such amount must be transferred to the Note Fund or be otherwise used in accordance with then-applicable State law. 101999469.5 -30- Notwithstanding anything to the contrary contained in this Section, the requirements set forth above to fund the Reserve Fund in the amount of the Required Reserve Amount shall be suspended for such time as the Junior Lien Pledged Revenues for each Fiscal Year are equal to at least 110% of the Average Annual Debt Service Requirements. In the event that the Junior Lien Pledged Revenues for any two consecutive Fiscal Years are less than 110% (unless such percentage is below 100% in any Fiscal Year, in which case the hereinafter–specified requirements will commence after such Fiscal Year) of the Average Annual Debt Service Requirements, the City will be required to commence making the deposits to the Reserve Fund, as provided above, and to continue making such deposits until the earlier of (i) such time as the Reserve Fund contains the Required Reserve Amount or (ii) the Junior Lien Pledged Revenues for a Fiscal Year have been equal to not less than 110% of the Average Annual Debt Service Requirements. SECTION 15. Deficiencies - Excess Junior Lien Pledged Revenues. If on any occasion there shall not be sufficient Junior Lien Pledged Revenues to make the required deposits into the Note Fund, then such deficiency shall be cured as soon as possible from the next available unallocated Junior Lien Pledged Revenues, or from any other sources available for such purpose, and such payments shall be in addition to the amounts required to be paid into these Funds or accounts during such month or months. Subject to making the required deposits to the Note Fund when and as required by any ordinance or resolution authorizing the issuance of the Junior Lien Obligations, the Subordinate Lien Obligations and any Inferior Lien Obligations, the excess Net Revenues of the System may be used by the City for any lawful purpose (as further provided in Section 12 hereof). SECTION 16. Payment of Notes. While any of the Notes are Outstanding, an Authorized Official shall cause to be transferred to the Paying Agent/Registrar therefor, from funds on deposit in the Note Fund, amounts sufficient to fully pay and discharge promptly each installment of interest on and principal of the Notes as such installment accrues or matures; such transfer of funds must be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar for the Notes at the close of the business day next preceding the date a debt service payment is due on the Notes. SECTION 17. Investments. Funds held in any Fund or account created, established, or maintained pursuant to this Ordinance shall, at the option of the City, be placed in time deposits, certificates of deposit, guaranteed investment contracts or similar contractual agreements as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, or any other law, and secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, including investments held in book-entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America including, but not limited to, evidences of indebtedness issued, insured, or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Small Business Administration, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or Federal Housing Administration; provided that all such deposits and investments 101999469.5 -31- shall be made in such a manner that the money required to be expended from any Fund or account will be available at the proper time or times. Such investments (except State and Local Government Series investments held in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market value within 45 days of the close of each Fiscal Year. All interest and income derived from deposits and investments in the Note Fund immediately shall be credited to, and any losses debited to, the Note Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Notes. SECTION 18. Covenants. It is expressly recognized that prior to the issuance of any Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, or Inferior Lien Obligations, that the City must comply with each of the conditions precedent contained in this Ordinance. A. Performance. It will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of Junior Lien Obligations; it will promptly pay or cause to be paid the principal amount of and interest on all Debt, on the dates and in the places and manner prescribed in such ordinances and such Debt; and it will, at the time and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the System Fund and the Funds herein created; and any registered owner of any Debt may require the City, its officials and employees to carry out, respect or enforce the covenants and obligations of this Ordinance, or any ordinance authorizing the issuance of Debt, by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials and employees. B. City’s Legal Authority. It is a duly created and existing home rule city of the State of Texas, and is duly authorized under the laws of the State of Texas to issue the Notes; that all action on its part for the issuance of the Notes has been duly and effectively taken, and that the Notes in the hands of the owners thereof are and will be valid and enforceable special obligations of the City in accordance with their terms. C. Acquisition and Construction; Operation and Maintenance. (1) It shall use its best efforts in accordance with Prudent Utility Practice to acquire and construct, or cause to be acquired and constructed, any Capital Additions or Capital Improvements, in accordance with the plans and specifications therefor, as modified from time to time, with due diligence and in a sound and economical manner; and (2) it shall at all times use its best efforts to operate or cause to be operated the System properly and in an efficient manner, consistent with Prudent Utility Practice, and shall use its best efforts to maintain, preserve, reconstruct and keep the same or cause the same to be so maintained, preserved, reconstructed and kept, with the appurtenances and every part and parcel thereof, in good repair, working order and condition, and shall from time to time make, or use its best efforts to cause to be made, all necessary and proper repairs, replacement and renewals so that at all times the operation of the System may be properly and advantageously conducted. D. Title. It has or will obtain lawful title, whether such title is in fee or lesser interest, to the lands, buildings, structures and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures and facilities, and every part thereof, for the benefit of the owners of the Junior Lien Obligations, against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Junior Lien Pledged Revenues to 101999469.5 -32- the payment of the Junior Lien Obligations in the manner prescribed herein, and has lawfully exercised such rights. E. Liens. It will from time to time and before the same become delinquent pay and discharge all taxes, assessments and governmental charges, if any, which shall be lawfully imposed upon it, or the System; it will pay all lawful claims for rents, royalties, labor, materials and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and it will not create or suffer to be created any mechanic’s, laborer’s, materialman’s or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided however, that no such tax, assessment or charge, and that no such claims which might be used as the basis of a mechanic’s, laborer’s, materialman’s or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. F. No Free Service. No free service or service otherwise than in accordance with the established rate schedule shall be furnished, directly or indirectly, by the System to any person, firm, corporation or other entity, other than the City. No part of the salary of any official or employee of the City or his replacement shall be paid from Junior Lien Pledged Revenues unless and only to the extent the duties and performances of such official or employee or his replacement appertain directly to the System. To the extent the City receives the services of the System, such services shall be accounted for according to the established rate schedule. G. Further Encumbrance. It will not additionally encumber the Net Revenues of the System in any manner, except as permitted in this Ordinance (which provisions are also included in other City ordinances authorizing other series of Junior Lien Obligations). H. Sale, Lease or Disposal of Property. No part of the System shall be sold, leased, mortgaged, demolished, removed or otherwise disposed of, except as follows: (1) To the extent permitted by law, the City may sell or exchange at any time and from time to time any property or facilities constituting part of the System only if (A) it shall determine such property or facilities are not useful in the operation of the System, or (B) the proceeds of such sale are $250,000 or less, or it shall have received a certificate executed by an Engineer and the City Manager stating, in their opinion, that the fair market value of the property or facilities exchanged is $250,000 or less, or (C) if such proceeds or fair market value exceeds $250,000 it shall have received a certificate executed by an Engineer and the City Manager stating (i) that system within the System of which the property or facilities comprises a part thereof and (ii) in their opinion, that the sale or exchange of such property or facilities will not impair the ability of the City to comply during the current or any future Fiscal Year with the provisions of Subsection K of this Section. The proceeds of any such sale or exchange not used to acquire other property necessary or desirable for the safe or efficient operation of the System shall forthwith, at the option of the City (i) be used to redeem or purchase Debt, or (ii) otherwise be used to provide for the payment of Debt. The foregoing notwithstanding, if such property or facilities sold or exchanged constituted property or facilities comprising all or a part of a system within the System, the acquisition, improvement or extension of such system 101999469.5 -33- having not been financed by the City in any manner with the proceeds of Debt, or with the proceeds of obligations which were refunded in whole or in part with the proceeds of Debt, then the City may utilize the proceeds of such sale or exchange for any lawful purpose; and (2) To the extent permitted by law, the City may lease or make contracts or grant licenses for the operation of, or make arrangements for the use of, or grant easements or other rights with respect to, any part of the System, provided that any such lease, contract, license, arrangement, easement or right (A) does not impede the operation by the City of the System and (B) does not in any manner impair or adversely affect the rights or security of the owners of the Debt under this Ordinance; and provided, further, that if the depreciated cost of the property to be covered by any such lease, contract, license, arrangement, easement or other right is in excess of $500,000, the City shall have received a certificate executed by an Engineer and the City Manager that the action of the City with respect thereto does not result in a breach of the conditions under this clause (2). Any payments received by the City under or in connection with any such lease, contract, license, arrangement, easement or right in respect of the System or any part thereof shall constitute Gross Revenues. I. Books, Records and Accounts. It shall keep proper books, records and accounts separate and apart from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to the System and the City shall cause said books and accounts to be audited annually as of the close of each Fiscal Year by the Accountant. J. Insurance. (1) Except as otherwise permitted in clause (2) below, it shall cause to be insured such parts of the System as would usually be insured by corporations operating like properties, with a responsible insurance company or companies, against risks, accidents or casualties against which and to the extent insurance is usually carried by corporations operating like properties including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance shall also be carried unless the City Attorney gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. At any time while any contractor engaged in construction work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being constructed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the bondholders and their representatives at all reasonable times. (2) In lieu of obtaining policies for insurance as provided above, the City may self-insure against risks, accidents, claims or casualties described in clause (1) above. (3) The annual audit hereinafter required shall contain a section commenting on whether or not the City has complied with the requirements of this Section with respect to the maintenance of insurance, and listing the areas of insurance for which the City is self-insuring, all policies carried, and whether or not all insurance premiums upon the insurance policies to which reference is hereinbefore made have been paid. 101999469.5 -34- K. Audits. After the close of each Fiscal Year while any Debt is Outstanding, an audit will be made of the books and accounts relating to the System and the Net Revenues by the Accountant. Such annual audit reports shall be open to the inspection of the registered owners of Debt and their agents and representatives at all reasonable times. L. Governmental Agencies. It will comply with all of the terms and conditions of any and all franchises, permits and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation and maintenance of the System. M. No Competition. To the extent it legally may, it will not grant any franchise or permit for the acquisition, construction or operation of any competing facilities which might be used as a substitute for the System’s facilities, and, to the extent that it legally may, the City will prohibit any such competing facilities. N. Rights of Inspection. The Engineer or any registered owner of $100,000 in aggregate principal amount of the Debt then Outstanding shall have the right at all reasonable times to inspect the System and all records, accounts and data of the City relating thereto, and upon request the City shall furnish to an Engineer or such registered owner, as the case may be, such financial statements, reports and other information relating to the City and the System as an Engineer or such registered owner may from time to time reasonably request. SECTION 19. Issuance of Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, and Inferior Lien Obligations. The City hereby expressly reserves the right to hereafter issue bonds, notes, warrants, certificates of obligation, or similar obligations, payable, wholly or in part, as appropriate, from and secured by a pledge of and lien on the Net Revenues of the System with the following priorities, without limitation as to principal amount, but subject to any terms, conditions, or restrictions applicable thereto under existing ordinances, laws, or otherwise: Additional Junior Lien Obligations, secured by and payable from the Junior Lien Pledged Revenues, which includes (primarily) a first and prior lien on and pledge of Net Revenues that is senior and superior to the lien there on and pledge thereof securing the repayment of the Subordinate Lien Obligations and any Inferior Lien Obligations, upon satisfying each of the following conditions precedent: (1) The City Manager (or other officer of the City then having the responsibility for the financial affairs of the City) shall have executed a certificate stating (i) that the City is not then in default as to any covenant, obligation or agreement contained in any ordinance or other proceeding relating to any obligations of the City payable from and secured by a lien on and pledge of the Net Revenues and (ii) that the amounts on deposit in all Funds or Accounts created and established for the payment and security of all Outstanding obligations payable from and secured by a lien on and pledge of the Net Revenues are the amounts then required to be deposited therein. Such certificate shall be dated on or before the date of delivery of such Additional Junior Lien Obligations, but such 101999469.5 -35- certificate shall not be dated prior to the date an ordinance is passed authorizing the issuance of such Additional Junior Lien Obligations. (2) Conditions Precedent for Issuance of Additional Junior Lien Obligations - Capital Improvements and for any other Lawful Purpose except for Capital Additions or for Refunding. The City covenants and agrees that Additional Junior Lien Obligations will not be issued for the purpose of financing Capital Improvements, or for any other lawful purpose (except for Capital Additions or for refunding, which are to be issued in accordance with the provisions of Subsection (3) of this Section and Section 20 hereof, respectively) unless and until the conditions precedent in Subsection (1) above have been satisfied and, in addition thereto, the City has secured a certification of the City Manager to the effect that, according to the books and records of the City, the Net Earnings (hereinafter defined) for the preceding Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Junior Lien Obligations is adopted are at least equal to 1.15 times the Average Annual Debt Service Requirements for all then-Outstanding Junior Lien Obligations after giving effect to the Additional Junior Lien Obligations then proposed. The foregoing notwithstanding, the City covenants and agrees that Additional Junior Lien Obligations may not be issued for the purpose of financing Capital Improvements when other Outstanding Junior Lien Obligations which have been issued for the purpose of financing Capital Additions and for which capitalized interest for such other Junior Lien Obligations has been provided for at least the twelve months subsequent to the date of issuance of the Additional Junior Lien Obligations then proposed to be issued, unless the conditions precedent in Subsection (1) above have been satisfied and, in addition thereto, the City has either (1) complied with the relevant conditions in this Subsection as set forth above, or (2) if the relevant conditions of this Subsection (2) as set forth above cannot be satisfied, the City has satisfied the conditions precedent in Subsection (3)(i) and (ii) of this Section (but, for purposes of such clauses, the term Capital Improvements shall be substituted for the term Capital Additions where the term Capital Additions appears therein to the extent necessary to give recognition to the fact that Capital Improvements, rather than Capital Additions, are then to be financed) and has secured a certification of the City Manager to the effect that, according to the books and records of the City, the Net Earnings for the preceding Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Junior Lien Obligations is adopted are at least equal to 1.15 times the Average Annual Debt Service Requirements for all then-Outstanding Junior Lien Obligations (other than Junior Lien Obligations issued for Capital Additions for which capitalized interest has been provided for at least the twelve months subsequent to the date of issuance of the Additional Junior Lien Obligations proposed to be issued) after giving effect to the Additional Junior Lien Obligations then proposed to be issued. (3) Conditions Precedent for Issuance of Additional Junior Lien Obligations - Capital Additions: Initial Issue. The City covenants and agrees that Additional Junior Lien Obligations will not be issued for the purpose of financing Capital Additions, unless the same conditions precedent specified in Subsection (1) above have been satisfied and, in addition thereto, either the relevant conditions precedent specified in Subsection (1) above are satisfied or, in the alternative, the City shall have obtained: (i) from an Engineer a comprehensive engineering report for each Capital Addition to be financed, which report 101999469.5 -36- shall (A) contain (1) detailed estimates of the cost of acquiring and constructing the Capital Addition, (2) the estimated date the acquisition and construction of the Capital Addition will be completed and commercially operative, and (3) a detailed analysis of the impact of the Capital Addition on the financial operations of the system for which the Capital Addition is to be integrated and to the System as a whole during the construction thereof and for at least five Fiscal Years after the date the Capital Addition becomes commercially operative, and (B) conclude that (1) the Capital Addition is necessary and will substantially increase the capacity, or is needed to replace existing facilities, to meet current and projected demands for the service or product to be provided thereby, and (2) the estimated cost of providing the service or product from the Capital Addition will be reasonable in comparison with projected costs for furnishing such service or product from other reasonably available sources; and (ii) a certificate of an Engineer to the effect that, based on an engineering report prepared thereby for each Capital Addition, the projected Net Earnings for each of the five Fiscal Years subsequent to the date the Capital Addition becomes commercially operative (as estimated in the engineering report) will be equal to at least 1.15 times the Average Annual Debt Service Requirements for the currently Outstanding Junior Lien Obligations or incurred and all Additional Junior Lien Obligations estimated to be issued, if any, for all Capital Improvements and for all Capital Additions then in progress or then being initiated, during the period from the date the first series of obligations for the Capital Additions is to be delivered through the fifth Fiscal Year subsequent to the date the Capital Addition is estimated to become commercially operative. (4) Completion Issues. Once a Capital Addition has been initiated by meeting the conditions precedent specified in Subsection (3)(i) and (ii) above and the initial Junior Lien Obligations issued therefor are delivered, the City reserves the right to issue Additional Junior Lien Obligations to finance the remaining costs of such Capital Addition in such amounts as may be necessary to complete the acquisition and construction thereof and make the same commercially operative without satisfaction of any condition precedent under Subsection (3)(i) and (ii) or Subsection (1) of this Section but subject to satisfaction of the following conditions precedent: (i) the City makes a forecast (the Forecast) of the operations of the System demonstrating the System’s ability to pay all obligations, payable from the Net Revenues of the System to be Outstanding after the issuance of the Additional Junior Lien Obligations then being issued for the period (the Forecast Period) of each ensuing Fiscal Year through the fifth Fiscal Year subsequent to the latest estimated date such Capital Addition is expected to be commercially operative; and (ii) an Engineer reviews such Forecast and executes a certificate to the effect that (A) such Forecast is reasonable, and based thereon (and such other factors deemed to be relevant), the Net Revenues of the System will be adequate to pay all the obligations, payable from the Junior Lien Pledged Revenues of the System to be Outstanding after the issuance of the Additional Junior Lien Obligations then being issued for the Forecast Period and (B) the proceeds from the sale of such Additional Junior Lien Obligations are estimated to be sufficient to complete such acquisition and construction. (5) Computations; Reports. With reference to Junior Lien Obligations anticipated and estimated to be issued or incurred, the Average Annual Debt Service Requirements therefor shall be those reasonably estimated and computed by the City’s Director of Financial Services (or other officer of the City then having the primary 101999469.5 -37- responsibility for the financial affairs of the City) after giving effect to the receipt or anticipated receipt of a refundable tax credit or similar payment relating to any series of Junior Lien Obligations irrevocably designated as refundable tax credit bonds, which payment shall be treated as an offset to regularly scheduled debt service of the series of Junior Lien Obligations to which it relates. In the preparation of the engineering report required in Subsection (3)(i) above, an Engineer may rely on other experts or professionals, including those in the employment of the City, provided such engineering report discloses the extent of such reliance and concludes it is reasonable so to rely. In connection with the issuance of Junior Lien Obligations for Capital Additions, the certification of the City Manager and an Engineer, together with the engineering report for the initial issue and the Forecast for a subsequent issue, shall be conclusive evidence and the only evidence required to show compliance with the provisions and requirements and this clause of this Section. (6) Combination Issues. Junior Lien Obligations for Capital Additions may be combined in a single issue with Junior Lien Obligations for Capital Improvements or for any lawful purpose provided the conditions precedent set forth in Subsection (2) through (4) are complied with as the same relate to the appropriate purpose. (7) Definition of Net Earnings. As used in this Section, the term Net Earnings shall mean the Gross Revenues of the System after deducting the Operating Expenses of the System and those items identified in the SECOND level of priority in Section 12 hereof, but not expenditures which, under standard accounting practice, should be charged to capital expenditures. (8) Determination of Net Earnings. In making a determination of Net Earnings for any of the purposes described in this Section, the City Manager may take into consideration a change in the rates and charges for services and facilities afforded by the System that became effective at least 60 days prior to the last day of the period for which Net Earnings are determined and, for purposes of satisfying any of the Net Earnings test described above, make a pro forma determination of the Net Earnings of the System for the period of time covered by the City Manager’s certification or opinion based on such change in rates and charges being in effect for the entire period covered by the City Manager’s certificate or opinion. The City may issue Additional Subordinate Lien Obligations secured by a lien on and pledge of the Net Revenues of the System subordinate and inferior to the lien thereon and pledge thereof securing the Junior Lien Obligations and that is included in the Junior Lien Pledged Revenues, respectively, and senior and superior to the lien there on and pledge thereof securing the repayment of the Inferior Lien Obligations, on the terms and conditions desired by the City, subject only to the limitations imposed by applicable law and upon satisfying each of the conditions precedent contained in this Ordinance, and the Previously Issued Subordinate Lien Obligations. The City may issue Inferior Lien Obligations secured by a lien on and pledge of the Net Revenues of the System subordinate and inferior to the lien thereon and pledge thereof securing the Junior Lien Obligations and Subordinate Lien Obligations and that is included in the Junior Lien Pledged Revenues, respectively, on the terms and conditions desired by the City, subject only 101999469.5 -38- to the limitations imposed by applicable law and upon satisfying each of the conditions precedent contained in the ordinances authorizing the issuance of this Ordinance. SECTION 20. Refunding Bonds. The City reserves the right to issue refunding bonds to refund all or any part of the currently Outstanding Debt, pursuant to any applicable law then available, upon such terms and conditions as the City Council may deem to be in the best interest of the City, and if less than all such currently Outstanding Debt are refunded, the conditions precedent prescribed for the issuance of Additional Junior Lien Obligations set forth in Section 19 of this Ordinance shall be satisfied and the City Manager’s certification required in Section 19 shall give effect to the Debt Service Requirements of the proposed refunding bonds (but shall not give effect to the Debt Service Requirements of the obligations being refunded following their cancellation or provision being made for their payment). SECTION 21. Issuance of Special Project Bonds. Nothing in this Ordinance shall be construed to deny the City the right and it shall retain the right to issue Special Project Bonds, provided, however, the City will not issue Special Project Bonds unless the City concludes, upon recommendation of the City Council, that (i) the plan for developing the Special Project is consistent with sound planning, (ii) the Special Project would not materially and adversely interfere with the operation of the System, (iii) the Special Project can be economically and efficiently operated and maintained, and (iv) the Special Project can be economically and efficiently utilized by the City to meet combined utility system requirements and the cost of such will be reasonable. SECTION 22. Security of Funds. All money on deposit in the funds or accounts for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and money on deposit in such Funds or accounts shall be used only for the purposes permitted by this Ordinance. SECTION 23. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Note Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Notes shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedy herein provided shall be cumulative of all other existing remedies and the specification of such remedy shall not be deemed to be exclusive. SECTION 24. Notices to Holders Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first-class postage prepaid, to the address of each Holder as it appears in the Security Register. 101999469.5 -39- In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 25. Notes Are Negotiable Instruments. Each of the Notes authorized herein shall be deemed and construed to be a “security” and as such a negotiable instrument with the meaning of the Chapter 8 of the Texas Uniform Commercial Code. SECTION 26. Cancellation. All Notes surrendered for payment, transfer, redemption, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Notes previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Notes so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Notes held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 27. Mutilated, Destroyed, Lost, and Stolen Notes. If (i) any mutilated Note is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Note, and (ii) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Note has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Note, a new Note of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Note has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Note, pay such Note. Upon the issuance of any new Note or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses (including attorney’s fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Note issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Note shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Notes. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Notes. 101999469.5 -40- SECTION 28. Sale of Notes – Approval of Purchase Contract. The Notes authorized by this Ordinance are hereby sold by the City to _______________, _____________, ____________ (the Purchasers, and having all the rights, benefits, and obligations of a Holder) pursuant to a bank private placement and in accordance with the provisions of a Purchase and Investment Letter dated March 30, 2021 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The pricing terms of the sale of the Notes are hereby found and determined to be the most advantageous reasonably obtainable by the City. The Initial Note shall be registered in the name of ______________. Any Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored by the City. Delivery of the Notes to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. SECTION 29. [Reserved]. SECTION 30. Proceeds of Sale; Contribution from the City. Immediately following the delivery of the Notes, certain proceeds of sale along with a cash contribution, if any, from the City (less certain costs of issuance and accrued interest, if any, received from the Purchasers of the Notes) shall be deposited into the construction account for the new money portion of the Notes, shall be disbursed for payment of costs of issuance, or deposited in the Note Fund for the Notes, all in accordance with written instructions from an Authorized Official. This construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 17 of this Ordinance. Interest earned on the proceeds of the Notes pending completion of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 13. SECTION 31. [Reserved]. SECTION 32. Taxable Obligations. The Notes are not “state or local bonds” within the meaning of section 103(a) and (c) of the Internal Revenue Code of 1986, as amended; therefore, the interest on the Notes is not excludable from the gross income of the holders thereof for federal income tax purposes. SECTION 33. Control and Custody of Notes. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Notes pending their approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery of the Notes to the Purchasers. Furthermore, each Authorized Official is hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Notes, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City’s Bond Counsel and the Paying 101999469.5 -41- Agent/Registrar, make the necessary arrangements for the delivery of the Initial Note to the Purchasers. SECTION 34. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Notes, at the times and in the manner stipulated in this Ordinance, then the lien on and pledge of Junior Lien Pledged Revenues made under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. The Notes, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when: (i) money sufficient to pay in full such Notes or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent; and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Notes, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. In the event of a defeasance of the Notes, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, an independent accounting firm, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Notes. Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Notes, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Notes and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Notes such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Notes that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Notes for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Notes immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Notes, after taking the redemption 101999469.5 -42- into account in determining the sufficiency of the provisions made for the payment of the defeased Notes. SECTION 35. Ordinance a Contract; Amendments - Outstanding Notes. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Notes. This Ordinance shall constitute a contract with the Holders from time to time, binding on the City and its successors and assigns, and it shall not be amended or repealed by the City so long as any Note remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Notes then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Notes, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Notes, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on the Notes, (2) give any preference to any Note over any other Note, or (3) reduce the aggregate principal amount of Notes required for consent to any such amendment, addition, or rescission. SECTION 36. Printed Opinion. The Purchasers’ obligation to accept delivery of the Notes is subject to their being furnished a final opinion of Norton Rose Fulbright US LLP, as Bond Counsel, approving certain legal matters as to the Notes, said opinion to be dated and delivered as of the date of initial delivery and payment for such Notes. Printing of a true and correct copy of said opinion on the reverse side of each of said Notes, with appropriate certificate pertaining thereto executed by facsimile signature of the City’s Secretary is hereby approved and authorized. SECTION 37. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Notes. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Notes shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Notes as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Notes. SECTION 38. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 39. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, Financial Advisors, the Paying Agent/Registrar, and the Holders. SECTION 40. Inconsistent Provisions. All resolutions and ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. 101999469.5 -43- SECTION 41. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 42. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 43. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 44. Authorization of Paying Agent/Registrar Agreement. The City Council hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Notes. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 45. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 46. Continuing Disclosure of Information. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: As used in this Section, the following terms have the meanings ascribed to such terms below: Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. The Notes are being sold pursuant to a private placement with the Purchasers, generally in denominations of $100,000 or any integral multiple of $5,000 in excess thereof, to less than thirty- five sophisticated investors, and therefore the Rule is not applicable to the offering of the Notes. Accordingly, no contract to provide continuing disclosure information after the issuance of the Notes has been made by the City with investors. SECTION 47. Book-Entry Only System. The Notes may be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Notes shall be issued (following cancellation of the Initial Note described in Section 7) in the form of a separate single definitive Note. Upon issuance, the ownership of each such Note shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding 101999469.5 -44- Notes shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit C (the Representation Letter). With respect to the Notes registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Notes from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Notes (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Notes, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Notes, as shown on the Security Register, of any notice with respect to the Notes, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Note, of any amount with respect to principal of, premium, if any, or interest on the Notes. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word “Cede & Co.” in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Notes that they be able to obtain certificated Notes, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Notes shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Notes shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository’s agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Notes may be registered in whatever name or names the Holders of Notes transferring or exchanging the Notes shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Note is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Note and all notices with respect to such Note shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 48. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be 101999469.5 -45- necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Notes, the Agreement, the Paying Agent/Registrar Agreement, and the Purchase Contract. In addition, prior to the initial delivery of the Notes, each Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, if applicable, or (iii) obtain the approval of the Notes by the Texas Attorney General’s office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 49. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 50. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Note or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Note. SECTION 51. Automatic Budget Amendments to Reflect Final Debt Service Payments. To the extent that the City Council has adopted an annual budget that includes payment of debt service on any Notes issued (or to be issued) pursuant to this Ordinance based on the City’s reasonable expectations and projections relative to those Notes, such budget entries shall, upon the issuance of Notes, be automatically adjusted to reflect actual debt service payments on those Notes coming due during the period of time covered by such budget. The Authorized Official, or the designee thereof, is authorized to make such necessary budget entries and/or adjustments to reflect these final debt service amounts. SECTION 52. Covenants of Compliance. The City shall faithfully and punctually perform all duties with reference to the System required by the Act, all other applicable laws of the State of Texas, and the provisions of this Ordinance and that the City shall render no free service to any customers or other persons. SECTION 53. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine, or neuter gender shall be considered to include the other genders. SECTION 54. Accounting Reports. The City shall provide annually to the Purchasers for so long as the Purchasers remain a holder of the Obligations, within 270 days after the end of each fiscal year ending in or after 2020, financial information and operating data with respect to the 101999469.5 -46- City; provided that such financial statements so to be provided shall be (1) prepared in accordance with the generally accepted accounting principles, or such other accounting principles as the City may be required to employ from time to time pursuant to Texas law or regulations, and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall provide (1) unaudited financial statements for the applicable fiscal year within 270 days after the end of such fiscal year, and (2) audited financial statements for the applicable fiscal year to the Purchasers when and if the audit report on such statements become available. SECTION 55. Ancillary Note Contracts. Though such parties may be identified, and the entry into a particular form of contract may be authorized herein, the City Council hereby delegates to each Authorized Official the authority to independently select the counterparty to any agreement with any paying agent/registrar, rating agency, securities depository, or any other contract that is determined by an Authorized Official, the City’s Financial Advisor, or the City’s Bond Counsel to be necessary or incidental to the issuance of the Notes as long as each of such contracts has a value of less than the amount referenced in Section 2252.908 of the Texas Government Code (collectively, the Ancillary Note Contracts); and, as necessary, to execute the Ancillary Note Contracts on behalf and as the act and deed of the City. The City Council has not participated in the selection of any of the business entities which are counterparties to the Ancillary Note Contracts. SECTION 56. City’s Consent to Provide Information and Documentation to the Texas MAC. The Municipal Advisory Council of Texas (the Texas MAC), a non-profit membership corporation organized exclusively for non-profit purposes described in section 501(c)(6) of the Internal Revenue Code and which serves as a comprehensive financial information repository regarding municipal debt issuers in Texas, requires provision of written documentation regarding the issuance of municipal debt by the issuers thereof. In support of the purpose of the Texas MAC and in compliance with applicable law, the City hereby consents to and authorizes the Authorized Official, the City’s Bond Counsel, and/or the City’s Financial Advisor to provide to the Texas MAC information and documentation requested by the Texas MAC relating to the Certificates; provided, however, that no such information and documentation shall be provided prior to the Closing Date. This consent and authorization relates only to information and documentation that is a part of the public record concerning the issuance of the Notes. SECTION 57. Effective Date. This Ordinance shall be in force and effect from and after its final passage, and it is so resolved. SECTION 58. One-reading Ordinance. Upon the written request of the Mayor or majority of the members of the City Council, 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 City 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. S-1 SIGNED AND SEALED THIS 30th DAY OF MARCH, 2021. CITY OF CORPUS CHRISTI, TEXAS __________________________________________ Mayor ATTEST: ____________________________________ City Secretary (SEAL) APPROVED THIS ____ DAY OF ___________, 2021: ____________________________________ Miles Risley, City Attorney S-2 THE STATE OF TEXAS § § COUNTIES OF NUECES, § ARANSAS, KLEBERG, AND § SAN PATRICIO § § CITY OF CORPUS CHRISTI § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 30th day of March, 2021, authorizing the issuance of the City’s Utility System Junior Lien Revenue Notes, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the ____ DAY OF ___________, 2021. City Secretary (CITY SEAL) S-3 PASSED AND APPROVED on the ______ 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 ______________ ______________ ______________ The above ordinance was passed by the following vote: Paulette M. Guajardo ___________ Roland Barrera __________ Gil Hernandez ___________ Michael Hunter __________ Billy Lerma ___________ John Martinez __________ Ben Molina ___________ Mike Pusley __________ Greg Smith ___________ S-4 INDEX TO SCHEDULES AND EXHIBITS Exhibit A ....................Paying Agent/Registrar Agreement Exhibit B ....................Purchase Contract Exhibit C ....................DTC Letter of Representations 101999469.5 A-1 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. __ 101999469.5 B-1 EXHIBIT B Purchase Contract See Tab No. __ 101999469.5 C-1 EXHIBIT C DTC Letter of Representations See Tab No. __ DATE: March 23, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, Director of Finance and Business Analysis Heatherh3@cctexas.com 361-826-3227 CAPTION: One-reading ordinance amending the FY 2021 Operating Budget to appropriate $40,700,000 in additional revenues and expenses in the Gas Fund due to the February 2021 extreme weather event. SUMMARY: This ordinance amends the Gas Fund’s FY 2021 Budget to increase both revenues and expenses by $40.7 million to account for additional revenue and expenses resulting from the historical spike in price and usage caused by the extreme weather event that occurred February 14 to 19, 2021. BACKGROUND AND FINDINGS: During February 14 to 19, 2021, the State of Texas experienced exceptionally cold weather across the state. This event caused extreme strain on the electric power grid which resulted in rolling black-outs and a historical spike in prices of natural gas and electricity. The unprecedented price spike caused the average monthly price of natural gas provided to the City’s Gas Utility customers to increase from $4.09 per one thous and cubic feet (mcf) the week prior to the extreme weather event to over $100 per mcf for several days during the event. This unprecedented pricing along with increased demand resulted in the City receiving a $40.7 million invoice from the City’s natural gas supplier, NextEra, for February gas usage. The average monthly natural gas bill during winter months is typically $1.5 million, and so receiving a bill that is $40.7 million for one month put undue strain on the Gas Department’s budget. One-Reading FY 2021 Operational Budget Amendment to appropriate additional revenue and expense amounts in the Gas Fund as a result of the February 2021 extreme weather event AGENDA MEMORANDUM One-Reading Ordinance for the City Council Meeting of March 30, 2021 The City of Corpus Christi will issue private placement taxable utility revenue notes in the amount of $35 million to fund the additional gas cost and then pass this cost on to customers over a seven (7) to ten (10) year period. It is anticipated that the Gas Department will receive approximately $5.7 million in additional revenue during the month of February due to high gas usage. This revenue along with the proceeds from the utility revenue notes will be used to pay the February gas bill of $40.7 million by its due date. The expense exceeds the amount budgeted in the FY 2020 Gas Fund budget, and as a result, the City Council is being asked to amend the FY 2021 operating budget in the Gas Fund to appropriate $40.7 million of additional revenue and expenses to account for the extraordinary expense resulting from the extreme weather event in February 2021. This item is a one-reading ordinance to allow the Gas Department to pay the $40.7 million owed to the natural gas supplier, NextEra, per the payment terms. ALTERNATIVES: City Council could choose not to approve the amendment and not appropriate the additional $40.7 million in the Gas Fund, but then then the Gas Department would not be able to pay the amount owed to the gas provider due to an insufficient budget. FISCAL IMPACT: This item will amend the FY2021 budget and appropriate an additional $40.7 million in revenue and expense in the Gas Fund. Funding Detail: Revenue: Fund: 4130 Gas Fund Organization/Activity: 34000 Gas Administration Mission Element: 888 Project # (CIP Only): n/a Account: 345380 Proceeds of Sale of Notes Amount: $35 million Fund: 4130 Gas Fund Organization/Activity: 34000 Gas Administration Mission Element: 888 Project # (CIP Only): n/a Account: 324160 Purchased Gas Adjustment Amount: $5.7 million Expense: Fund: 4130 Gas Fund Organization/Activity: 34100 Natural Gas Purchased Mission Element: 21 Project # (CIP Only): n/a Account: 520200 Natural Gas Purchases Amount: $40.7 million RECOMMENDATION: Staff recommends amending the FY 2021 Operating Budget by appropriating an additional $40.7 million of revenue and expenses in the Gas Fund due to the February 2021 extreme weather event. LIST OF SUPPORTING DOCUMENTS: Ordinance One-reading ordinance amending the FY 2021 Operating Budget to appropriate $40,700,000 in additional revenue and expenses in the Gas Fund due to the February 2021 extreme weather event. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2021 Operating Budget, adopted by Ordinance No. 032203, is amended to appropriate $40,700,000 in additional revenues and expenses in the Gas Fund due to the February 2021 extreme weather event. SECTION 2. Upon the written request of the Mayor or majority of the members of the Council, 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 af fairs; and (2) suspends the City 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. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor PASSED AND APPROVED on this the 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 The above ordinance was passed by the following vote: Paulette M. Guajardo _______________ John Martinez _______________ Roland Barrera _______________ Ben Molina _______________ Gil Hernandez _______________ Mike Pusley _______________ Michael Hunter _______________ Greg Smith _______________ Billy Lerma _______________ DATE: March 24, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance & Business Analysis heatherh3@cctexas.com 361-826-3227 CAPTION: One-reading ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on March 30, 2021. SUMMARY: This Ordinance approves the Seventh Amendment to the Tax Increment Reinvestment Zone #3 Amended Project and Financing Plan, which would modify the Streetscape and Safety Improvement Program. BACKGROUND AND FINDINGS: City staff and the Downtown Management District (DMD) continuously evaluate and seek opportunities to improve the TIRZ #3 Project and Financing Plan to stimulate growth within the TIRZ #3. Since 2016 when five incentive programs were developed, the TIRZ #3 have utilized all five programs to leverage approximately $10 million in incentives with over $168 million in project development. In that time, property values for these developments have increased nearly $35 million and are expected to significantly increase over the next few years as valuations catch up to the larger and more recent developments in addition to projects currently under construction. At the March 30, 2021 TIRZ #3 board meeting, City staff and DMD recommended a modification to the Streetscape and Safety Improvement Program to extend eligibility to sidewalks and patio cafes as an exterior improvement. Ordinance approving Tax Increment Reinvestment Zone #3 Amended Project and Financing Plan AGENDA MEMORANDUM One-Reading Ordinance for the City Council Meeting of March 30, 2021 ALTERNATIVES: City Council could choose not to incorporate the Seventh Amendment to the Project and Financing Plan or could make recommended changes. FISCAL IMPACT: There is no fiscal impact for this item. RECOMMENDATION: City staff recommends approving the amended Project and Financing Plan to modify the Streetscape and Safety Improvement Program to extend eligibility to sidewalks and patio cafes as an exterior improvement. LIST OF SUPPORTING DOCUMENTS: Ordinance Amended Project & Financing Plan One-reading ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans to modify the Streescape and Safety Improvement Program approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on March 30, 2021. WHEREAS, in 2008, through Ordinance 027996, the City of Corpus Christi created a tax increment financing district, to be known as “Reinvestment Zone Number Three, Corpus Christi, Texas,” over a portion of the city that includes the City’s downtown area; WHEREAS, Ordinance 027996 included a preliminary reinvestment zone financing plan; WHEREAS, on August 25, 2015, the City Council passed Ordinance 030592, which approved the “Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan”; WHEREAS, the “Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan” was last amended by City Council on March 23, 2021; WHEREAS, on March 30, 2021, the Board of Directors of Reinvestment Zone Number Three passed a motion recommending an amendment to the “Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan” that expands the Streetscape and Safety Improvement Program to cover patio cafés as an exterior improvement ; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Project Plan and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone #3, Corpus Christi, Texas for the Reinvestment Zone Number Three, City of Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Three on March 30, 2021. A copy of the Plan is attached hereto and incorporated by reference. SECTION 2. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficie nt 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 30th day of March, 2021. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor _________ day of ___________________, 202 1. 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 The above ordinance was passed by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith City of Corpus Christi / Corpus Christi Downtown Management District 1 | P a g e Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan Introduction Tax Increment Financing is an economic development tool authorized by Chapter 311 of the Texas Tax Code, through which governments can designate a portion of tax increment to finance improvements to promote development of a defined area, called a “Reinvestment Zone.” The defined area must meet one of the five criteria outlined in Chapter 311. In 2008, through Ordinance 027996, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 (“TIRZ #3” or “the Zone”), over a portion of the city that includes the city’s Downtown area. There have been three amendments to the ordinance; expansion of boundaries (April 2009), correction of termination date (March 2012) and correction of board composition (August 2014). A change in the economic climate immediately after the creation of TIRZ #3 hindered the performance of the fund and prevented any investment from occurring. Throughout this time, there has not been an update to the Preliminary Project & Financing Plan in the 2008 Ordinance. This document, the 2015 Amended Project & Financing Plan, is intended to replace the previous Project & Financing Plan and any future amendments will modify this version. This 2015 Amended Project & Financing Plan is based on research conducted for the Downtown Area Development Plan (DADP), completed. Upon completion of the DADP, there will be an amendment to refine aspects of the 2015 Amended Project & Financing Plan. TIRZ #3 consists of a Board of Directors and is supported by the City Manager’s designee, currently the City’s Business Liaison, and the Executive Director of the Corpus Christi Downtown Management District (DMD). Second Amendment (FY 2017) – To continue and enhance the Zone’s efforts, this Amendment provides for programming and services from the DMD; refines some of the Incentive Programs; and provides the ability for TIRZ funds to be expended for public, cultural and/or historic properties within the Zone. Updates also include the commitment from Del Mar College’s extended participation to the end of the Zone. Note: Schedule of Project Expenditures (Page 7) updated as Exhibit C – FY 2017 Project Plan Budget. Third Amendment (FY 2018) – this Amendment renames the (5) Site Assembly & Development category to (5) Site Management & Development and discusses a pilot vacant building program in the Reinvestment Zone. Additionally, both (6) Parking Management and (7) Traffic Pattern and Streetscapes expand to authorize funding for implementation. (8) Other Programs and Initiatives expands to include Cultural District Plan, upon Board’s approval of the DMD’s FY 2018 Scope of Services. Note: Schedule of Project Expenditures updated as Exhibit C – FY 2018 Project Plan Budget. Fourth Amendment (FY 2019) – this Amendment extends the four Incentive Programs for an additional 3-year period and includes the new FY 2019 Budget as Exhibit C. It also provides an updated Sources of Revenue table showing the projected revenue of the TIRZ over time. City of Corpus Christi / Corpus Christi Downtown Management District 2 | P a g e Fifth Amendment (FY 2021) – this Amendment incorporates implementation that occurred in FY 2020 and refines parameters for more aggressive incentives for FY 21 based upon the remaining rehabilitation hurdles and economics. Sixth Amendment (FY 2021) – this Amendment modifies two incentive programs to expand their impact – New Commercial Tenant Finish Out and Chaparral Street Property Improvement Grant. Seventh Amendment (FY 2021) – this Amendment modifies the Streetscape and Safety Improvement Program to extend eligibility to patio cafes as an exterior improvement. Criteria for Zone Creation The 2008 Project Plan stated that the defined area of TIRZ #3 qualified for designation as a “Reinvestment Zone” because it suffered from “economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment.” Conditions listed that met the Criteria of Chapter 311, Section 005 included: A substantial number of substandard, slum, deteriorated, or deteriorating structures; The predominance of defective or inadequate sidewalk or street layout; Unsanitary or unsafe conditions; The deterioration of site or other improvements; and Conditions that endanger life or property by fire or other cause. According to Chapter 311, these conditions must “substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use.” Conditions in 2008 met these requirements, as indicated by the Market and Economic Study undertaken at that time. While our community has benefitted from a boost in economic activity since 2008, the Downtown did not see the same level of development. This solidifies the 2008 position that conditions would not be overcome or corrected without significant intervention and assistance from the public sector. A Consistent Vision for Downtown For decades, efforts had been made to improve and revitalize Downtown Corpus Christi, with various levels of success. The 2006 Downtown Redevelopment Vision resulted in the creation of TIRZ #3, but a change in environment prevented immediate implementation. Other efforts have included: 2004 – Bayfront Master Plan 2006 – Downtown Redevelopment Report 2013 – Central Business Development Plan 2014 – RUDAT 2015 – Downtown Area Development Plan The 2006 Redevelopment Report vision statement is consistent with the vision illustrated in the 2015 Downtown Area Development Plan, which is currently in draft form. City of Corpus Christi / Corpus Christi Downtown Management District 3 | P a g e “Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families’ opportunities to enjoy fine restaurants, shops and residential facilities.” Anticipated Zone Role in Downtown Improvements The 2008 Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. It stated that the “current structure of Corpus Christi’s economy, the aging of existing development, and inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in Downtown.” The 2014 Analysis of Residential Market Potential repeated those themes, with extra emphasis on residential development and introduction of the concept of gap financing. Additionally, the 2015 environment has the new dynamic of regional investment valued at tens of billions of dollars. The primary functions of TIRZ #3 will be • To Support Private Sector Development & Investment • To Plan & Construct Public Improvements • To Provide Revitalization Focused Programs & Services The Zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a changed public environment in Downtown. By improving and enhancing streets, sidewalks, and public spaces, plus upgrading utilities, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that Downtown will become a vibrant and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, a strong office base, and popular public facilities. Project Plan Existing Uses and Conditions/Boundaries §311.01 (b) (1) The Zone includes approximately 856 acres wholly within the City of Corpus Christi. Its boundaries encompass nearly all of the Downtown area. A very wide variety of land uses are present within the TIRZ. The boundaries and land uses within the Zone are shown in Exhibit A. The existing conditions within the Zone are described generally below. A legal description of the Zone with a specific accounting for the proposed boundaries is given in Exhibit B. In the 2015 DADP, the identities of neighborhoods in the Downtown were emphasized as way to build unifying identities and create distinct experiences. Each of those regions is described generally below. SEA District - A large area of publicly owned cultural and entertainment facilities comprises the north end of the zone. These facilities include: Port of Corpus Christi’s Ortiz Center Corpus Christi Museum of Science & History Art Museum of South Texas Whataburger Field American Bank Convention Center & Arena Harbor Playhouse City of Corpus Christi / Corpus Christi Downtown Management District 4 | P a g e Brewster Street Icehouse Heritage Park – Restored Historic Homes, now used as Non-Profit Offices or Cultural Museums. Moving south, the next few blocks vary between vacant, undeveloped land and low density residential, bordered to the west by Port facilities and storage space, southeast by the Port of Corpus Christi Offices and the Federal Courthouse. The southern portion of the SEA District also includes two restaurants, a vacant hotel, U-Haul, Fire Station #1 and the historic Nueces County Courthouse. IH 37 is the physical southern border of this area, with the transition from a highway to on and off ramps coming to surface grade. Uptown – South of IH 37, a natural bluff distinguishes the high-rise, office building core of the Uptown. Broadway marks a topo-graphical change as the edge of a bluff, and the higher elevation area to the west of the street north of Lipan Street is characterized mainly by professional office uses, some in high-rise towers. TIRZ #3 picks up two blocks of Uptown, with Tancahua as the west border. Of Downtown’s office properties, only the Frost Bank building is one of two Class “A” properties. Overall occupancy for the Downtown office market is around 80 percent. Outside of the Zone, Uptown continues to include major government anchors, including Corpus Christi Independent School District Offices, Nueces County Courthouse, a Regional Transportation Authority Service Center and Corpus Christi City Hall. Marina Arts District (Downtown Management District) – The area east of Broadway is lower in elevation and features a walkable pedestrian grid with a mix of land uses, including hotels, office, residential and retail. The boundary of this neighborhood is based on the petition of property owners that created the Downtown Management District in 1993. This area is the historic center of Corpus Christi, but many of the original buildings have been demolished, due to neglect or natural disasters. The last large wave of construction occurred in the 1980’s. The most recent large scale private investment is currently under construction, a $27 million residential property with ground floor retail, the Cosmopolitan. The area is interspersed with surface parking lots and vacant, blighted property. In several places, public spaces and sidewalks are in deteriorated condition. Another unique feature of this neighborhood is the Corpus Christi Municipal Marina, spanning three man- made T-heads along the Bayfront. The Marina is comprised of over 600 slips, several restaurants and the Corpus Christi Yacht Club, the third oldest yacht club in the Gulf Coast. Bayshore Park Neighborhood – At Kinney Street, the Zone gets divided by a redundancy of roadways and a few vacant parcels. This portion of the Zone includes the YMCA, a Greek Orthodox Church, Episcopal Church, Methodist Church and several parks. Additionally, there is a mix of early 20th century single family homes and multi-family residential developments. The multi-family developments are truly a diverse mix, including high rise and mid-rise, market rate and affordable, ownership and rental, constructed at all different times with various architectural styles. Many of the original homes, especially at the south end of the neighborhood, have been converted to professional office use. This neighborhood would lend itself to the revitalization seen in older neighborhoods across the country, however an absence of neighborhood support services prevents the unification necessary to create this self identity. A potentially defining feature of this neighborhood is the 34 acres of park land for which the City is currently undergoing a Design-Build process to complete a Bond 2008 project that relocated traffic lanes to unite a patchwork of public space. The southeastern corner of the zone includes the Emerald Beach hotel and Marina del Sol condominiums. This neighborhood abuts the Christus Spohn Shoreline hospital City of Corpus Christi / Corpus Christi Downtown Management District 5 | P a g e complex. Christus Spohn Shoreline is just outside TIRZ #3 Boundaries, but the system is planning a $325 million investment in the community in the coming years. Municipal Ordinances §311.011 (b) (2) The City may modify existing ordinances in order to make the area in and around TIRZ #3 more friendly to the types of residential and recreational activity desired. Some other policies that will be updated include building design, setbacks and streetscape requirements, in order to establish a built environment that supports the downtown character. City Planned Improvements (Non Project Costs) §311.011 (b) (3) The City of Corpus Christi has over $ million in improvement projects currently funded and in some stage of planning or construction, independent from this TIRZ #3 Project Plan. The City will continue to use Bonds packages a major source of public improvement funding. Relocation §311.011 (b) (4) No relocation of existing residents is anticipated to be required as part of the Project Plan. Financing Plan Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2) TIRZ #3 is anticipated to participate in projects that support the development and economic activity projected in the DADP, especially when cost of development creates a gap due to utility or infrastructure conditions. The initial focus is on residential and mixed-use development. Exceptions may be made to the guidelines below for catalytic projects with Board approval. Such changes will be incorporated at the next Project Plan Amendment. 1. Targeted Vacant Property Improvement Grant Program – This three-year matching grant program will support and encourage private investment in the built environment along Chaparral Street and Mesquite Street for active businesses. Due to its “Main Street” characteristics and its function of connecting the Marina Arts District (Downtown Management District Boundary) and SEA District, Chaparral Street is a first phase priority for successful revitalization of the Zone. During FY 2016-2021, TIRZ #3 will make $200,000 available per year to match approved property improvements funded by Project Source Timeframe Cost Status as of 09/2020 Shoreline Realignment Bond 2008 Ongoing $13,000,000 Done SEA District Improvements Bond 2012 2015-2016 $500,000 Under Construction Chaparral St. Phase II Bond 2014 2015-2016 $9,000,000 Done Water Street Improvements Bond 2014 2015-2016 $5,000,000 Done Streetscape Improvements Bond 2014 2015-2015 $1,500,000 Done Wayfinding Program HOT Funds 2015 $200,000 On Hold Shoreline Crosswalks Bond 2018 2021 Pending Design Downtown Lighting Bond 2018 2021 Pending Design Total $29,200,000 City of Corpus Christi / Corpus Christi Downtown Management District 6 | P a g e the property owners. The Zone will consider from a 50/50, on renovation costs, depending on how the scope of the project meets the priorities of the Zone. A 20% incentive cap had been adopted for FY 16 – FY 20 but this will be waived for FY 21. A max of $100,000 is available for a single project in a single fiscal year. Applications will be accepted until the allocation is exhausted for each fiscal year. In FY 2021, the program will be extended to Mesquite Street in the Marina Arts District to facilitate development of targeted vacant buildings. 2. New Tenant Commercial Finish-Out Grant Program– In order to activate vacant spaces, support mixed-use developments and the demand for more dining and entertainment venues in the Downtown, the Zone will reimburse approved leasable new tenant finish-outs at a maximum rate of $10 per square foot. Additionally, since it has become clear that existing inventory is not white box ready, 50% of Mechanical, Electrical or Plumbing Costs (Up to $20,000) will be available to the landlord with a new tenant if that landlord provides a 6-month rent waived lease. First-floor, active street use projects will be a priority consideration. During FY 2016- 2021, $100,000 will be allocated annually. Qualified finish out expenses include: floor and wall upgrades, HVAC, kitchen equipment, awnings and other permanent, semi-permanent fixtures. Grant is reimbursable to the Tenant, but written approval must come from Landlord in application. Applications will be accepted until the allocation is exhausted for each fiscal year. This program will also be available for expedited $10,000 micro-grants to be approved by the City Manager, or his designee, and administered by DMD and City Staff. Approved agreements will be reported to TIRZ #3 Board at the next Regular Meeting following award. 3. Downtown Living Initiative – The Residential Demand Study conducted for the DADP stated that over the next 5 years, 1,850 new units could be absorbed in the greater downtown if the threshold made investment attractive. Apartment occupancy was 94.2% in the first Quarter of 2015 (industry considers 96% to be full occupancy). In order to stimulate development, for FY 2016-2021, the Zone will provide a $10,000 per unit reimbursement grant for multi-family developments of over 3 units that meet the required design criteria. Applications will be accepted until the allocation is exhausted for each fiscal year, and allocations may be split between years and committed in advance. 4. Project Specific Development Agreement – In situations where higher development costs create a financing gap, TIRZ #3 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net new tax increment. A pro-forma is required to qualify for up to 75% reimbursement of the new taxes for 10 years if a development is 5,000 sq. ft or creating 25 or more new residential units. If further gap exists, staff will undertake additional third party review to justify any additional reimbursement, based on the “but, for” principle. The qualifying cost elements for this Program include: Environmental Remediation/Code Compliance Historic Preservation Structured Parking Urban Design/Landscaping Public Improvements/Utilities City of Corpus Christi / Corpus Christi Downtown Management District 7 | P a g e Further, Residential Developments over 10 Units may be considered as an individual cost element. For catalytic projects with per unit development cost above $100,000, a 10% threshold will be considered based on available funding, up to $20,000 per unit. 5. Site Management & Development – Beginning in FY 2017, TIRZ #3 will develop a program to facilitate activation of vacant properties within the Zone and propose to City Council adoption of a downtown vacant building ordinance. The program will establish minimum requirements for vacant properties and designate registered properties as eligible for incentives or emergency funding. Funding will be allocated to establish and administer the program. In order to activate strategically located properties, TIRZ #3 may place properties under option and work towards developing proposals for development, then assist in acquisition and development of the properties. Additionally, the Zone may purchase properties outright for redevelopment and dispose of properties, if approved by the Board. Under this initiative, funding may also be expended for stabilization or redevelopment of public, cultural and/or historic properties. 6. Parking Study & Development– In key locations where parking is undersupplied or inadequately distributed, the Zone can assist in providing public parking facilities such as on-street spaces or off- street lots and structures. TIRZ #3 will conduct a study in FY 2016 in order to develop a strategic approach for parking in the Downtown and fund implementation steps. Additionally, the Zone may support any efforts City may undertake for appropriate parking management infrastructure such as meters, lot improvements, structured garages and occupancy monitoring systems. 7. Traffic Pattern Study & Streetscapes – TIRZ #3 may contribute to studies for traffic movement and improvements in roadway infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting, etc.) The Zone will contribute up to $150,000 for a traffic pattern study as the first phase of this initiative. Additionally, pedestrian accommodations and streetscapes will be a priority. Funds may also be expended on implementation of infrastructure improvements, as budgeted and listed below: Streetscape and Safety Improvement Program – Funding $200,000 for Right of Way, and Façade, exterior and patio improvements, including sidewalk and patio cafés, to increase lighting and security beginning FY 18, funded annually after. Micro-grants are able to be administered by DMD and City Staff. Artesian Park - $150,000 Initial Funding in FY 20, then $50,000 Annual for La Retama & Artesian. Two Way Conversion Shoreline to Water Street – Up to $400,000 (Funded FY 20, Rolled to FY 21) General Right of Way Maintenance - $50,000 Annually. Broadway Bluff Maintenance and Repair Assessment - $150,000 (Funded FY 20, Rolled to FY 21) 8. Other Programs & Initiatives – TIRZ #3 will develop other programs and initiatives that will be presented to the Board for approval, during the life of the Zone. Each year, the following initiatives are being added: City of Corpus Christi / Corpus Christi Downtown Management District 8 | P a g e FY 2017 - Downtown Management District Bike Share Initiative FY 2017 - Downtown Management District Expanded Scope of Services FY 2018 – Downtown Management District – Cultural District Plan, TIRZ #3 Incentive Programs, registration process for downtown vacant building program, Streetscape Safety & Right of Way Improvement Program and Off-Street Parking Improvement Program. FY 2019- Unified brand implementation and expanding organizational and operational capacity. FY 2020- Implementation of approved projects from TIRZ #3 Traffic & Planning Analysis, specifically Artesian Park Upgrades. FY 2021- Capital Maintenance for public spaces and right of ways throughout the zone and continued capital maintenance. 9. Management & Professional Services- Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. These costs were originally estimated at $50,000 per year for the 20-year life of the Zone, but to date the only dollars expended have been for state reporting requirements. Staff plans to strategically engage outside resources to evaluate revenue projections and continue to develop innovative, effective programs. Economic Feasibility Study §311.011 (c) (3) The 2008 Market and Economic Feasibility Study for TIRZ #3 was completed by CDS Market Research l Spillette. In 2014 and 2015, Goody Clancy completed additional studies that reflect the more recent environment, and emphasize the importance of residential development in any revitalization. Those studies include: Residential Market Potential (Zimmerman/Volk) – final Retail Market Analysis & Strategy (Mike Berne) – draft Hotel, Office, Retail (W-ZHA, Sarah Woodworth) – draft Incentives & Development Economics (W-ZHA, Sarah Woodworth) – draft Estimate of Bonded Indebtedness §311.011 (c) (4) It was not anticipated that TIRZ would issue bonded debt, but would be funded on a pay-as-you-go basis. If the annual revenue and available non-bonded debt financing are insufficient to address the needs of TIRZ #3, we may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c) (5) Costs will be incurred over the life of the Zone based on its Board of Directors’ identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach. The following table summarizes proposed planned expenditures for TIRZ #3 until FY 2019. Another set of programs will be proposed in FY 2018, based on an assessment of needs at that time. Schedule of Project Expenditures FY FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 City of Corpus Christi / Corpus Christi Downtown Management District 9 | P a g e Year 2015 2016 2017 2018 2019 Beg. Bal $1,563,751 $2,333,342 $1,730,387 $1,540,935 $1,631,307 + New Increment1 794,591 997,045 1,160,548 1,440,372 1,615,149 1 Chaparral Street Grant Program2 200,000 200,000 200,000 2 New Tenant Commercial Finish Out Grant Program2 100,000 100,000 100,000 3 Downtown Living Initiative2 1,000,000 1,000,000 1,000,000 4 Project Specific Development Agreement3 TBD TBD TBD TBD TBD 5 Site Assembly & Development 6 Parking Study & Development 100,000 7 Traffic Pattern Analysis & Streetscapes 150,000 8 Other Programs & Initiative 9 Management & Professional Services 25,000 50,000 50,000 50,000 50,000 Expenditure Totals 25,000 1,600,000 1,350,000 1,350,000 50,000 TIRZ Ending Balance 2,333,342 1,730,387 1,540,935 1,631,307 3,196,456 Notes: 1 Increment Projection developed by CCREDC, will be monitored closely to ensure program allocations 2 Program allocations will be authorized each Fiscal Year. 3 Incentive available will be based on the amount of investment and increment generated by private sector. Method of Financing and Sources of Revenue §311.011(c) (6) Methods of Financing. TIRZ #3 will initially take a primarily pay-as-you-go approach to financing projects that could utilize the following methods: Cash funds generated from existing property value increment, Developer cash reimbursement agreements where the revenues from the Zone’s property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project. If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of Revenue. The primary source of revenue for TIRZ #3 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, and Del Mar College on the taxable property value increment within TIRZ #3. The City, County, and Del Mar College have agreed to participate in funding TIRZ #3 with 100% of the incremental property taxes collected over the life of the Zone.. The assessed value base year for the City of Corpus Christi is 2009; the base year or Nueces County and Del Mar College is 2010. The 2018 adjusted projection of incremental property tax revenue contributed to the Zone is as follows: Sources of Revenue Year Increment Value Tax Revenue City County Del Mar City County Del Mar TOTAL FY 10 $ 8,655,793 $ 50,400 $ - $ - $ 50,400 FY 11 21,931,954 4,698,427 4,674,139 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,665 15,290,811 129,988 54,227 39,451 223,666 See Exhibit C for FY 2017 Update of Project Budget City of Corpus Christi / Corpus Christi Downtown Management District 10 | P a g e FY 13 43,910,295 38,988,148 38,041,488 250,533 136,845 98,148 485,526 FY 14 57,920,528 52,767,539 51,604,697 338,988 179,932 129,355 648,275 FY 15 71,728,002 65,346,609 63,906,562 419,798 216,258 158,535 794,591 FY 16 90,003,549 81,996,244 80,189,287 526,758 271,358 198,928 997,045 FY 17 104,763,037 95,442,631 93,339,356 613,140 315,858 231,550 1,160,548 FY 18 130,022,872 118,455,186 115,844,781 760,977 392,016 287,380 1,440,372 FY 19 145,800,015 132,828,691 129,901,537 853,315 439,583 322,251 1,615,149 FY 20 173,112,004 157,710,826 154,235,343 1,013,162 521,928 382,616 1,917,707 FY 21 189,976,968 173,075,373 169,261,300 1,111,867 572,776 419,892 2,104,534 FY 22 207,413,655 188,960,778 184,796,638 1,213,917 625,347 458,431 2,297,695 FY 23 225,441,446 205,384,699 200,858,623 1,319,428 679,700 498,276 2,497,404 FY 24 244,080,379 222,365,390 217,465,110 1,428,515 735,896 539,472 2,703,883 FY 25 263,351,172 239,921,727 234,634,557 1,541,300 793,997 582,065 2,917,362 FY 26 283,275,244 258,073,223 252,386,047 1,657,908 854,068 626,102 3,138,077 FY 27 303,874,743 276,840,056 270,739,314 1,778,469 916,174 671,631 3,366,275 FY 28 325,172,564 296,243,083 289,714,756 1,903,118 980,387 718,704 3,602,209 FY 29 347,192,382 316,303,874 309,333,466 2,031,992 1,046,776 767,373 3,846,141 $ 35,963,109 These estimates will continue to be monitored and adjusted annually. Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8) According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $310,019,372. The table above projects taxable value increment captured by the Zone over the remainder of its duration, if all taxing entities continue participation. Due to differences in policies regarding exemptions and tax See Below for FY 2019 Update of Sources of Revenue Fiscal Year City County Del Mar Total City County Del Mar TOTAL FY 10 8,938,611 - - 8,938,611 50,400 - - 50,400 FY 11 21,931,959 4,698,427 4,674,139 31,304,526 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,269 15,290,811 53,522,776 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,987,148 38,041,488 120,938,931 250,533 136,845 98,148 485,526 FY 14 56,814,718 51,751,996 50,602,120 159,168,834 332,516 176,474 126,842 635,832 FY 15 61,641,842 57,170,457 55,257,674 174,069,974 359,150 189,203 137,079 685,432 FY 16 73,819,407 81,480,890 80,084,765 235,385,063 447,540 254,977 198,669 901,186 FY 17 82,672,144 96,768,777 95,440,711 274,881,633 501,211 294,266 234,936 1,030,413 FY 18 90,723,843 94,622,680 98,178,819 283,525,342 550,026 287,740 241,676 1,079,442 FY 19 96,280,721 110,962,179 117,040,051 324,282,951 583,715 337,427 288,105 1,209,247 FY 20 105,165,951 111,267,007 123,927,631 340,360,589 637,583 338,354 305,059 1,280,996 FY 21 112,055,614 127,652,230 144,304,130 384,011,974 679,353 388,180 355,218 1,422,751 FY 22 121,974,293 130,414,841 155,674,539 408,063,674 739,486 396,581 383,207 1,519,274 FY 23 130,351,758 147,214,456 178,552,529 456,118,743 790,276 447,667 439,523 1,677,466 FY 24 141,527,057 152,497,010 194,956,096 488,980,162 858,028 463,731 479,902 1,801,661 FY 25 151,580,816 170,089,008 221,442,870 543,112,694 918,980 517,227 545,102 1,981,309 FY 26 164,264,179 178,010,361 243,673,527 585,948,067 995,875 541,315 599,824 2,137,014 FY 27 176,220,443 196,790,562 275,051,046 648,062,051 1,068,361 598,424 677,063 2,343,848 FY 28 190,697,246 207,528,945 304,184,757 702,410,948 1,156,129 631,079 748,778 2,535,986 FY 29 204,825,030 227,919,904 341,971,692 774,716,626 1,241,780 693,086 841,794 2,776,661 Bold=Actuals 12,418,634$ 6,763,292$ 6,752,435$ 25,934,361$ Sources of Revenue Year Tax RevenueIncrement Value City of Corpus Christi / Corpus Christi Downtown Management District 11 | P a g e abatements, the captured increment differs among the three jurisdictions. Captured value projections assume a 2.5% annual value appreciation rate for existing development, based on actual property value growth and do not take into account future investments. Duration of the Zone §311.011(c)(9) TIRZ #3 will exist until 2028, however, the Board, City and other taxing entities may agree to extend the Zone. City of Corpus Christi / Corpus Christi Downtown Management District 12 | P a g e List of Exhibits Exhibit A TIRZ #3 Boundaries and Land Uses Exhibit B Legal Description Exhibit C FY 2017 Project Plan Budget FY 2018 Project Plan Budget FY 2019 Project Plan Budget FY 2021 Project Plan Budget City of Corpus Christi / Corpus Christi Downtown Management District 13 | P a g e Exhibit A – Boundaries & Land Use City of Corpus Christi / Corpus Christi Downtown Management District 14 | P a g e Exhibit B - Legal Description of the Zone BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi – Port Aransas Waterway at its intersection with the northerly extension of the West right-of-way line of Sam Rankin Street; Thence Easterly along the centerline of the Corpus Christi – Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50’ feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line, being 50 feet on the East side and parallel with the breakwater, following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an “A-2” zoning line approximately 1,000 feet from the shoreline and parallel with the East right-of-way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said “A-2” zoning line extending parallel and approximately 1,040 feet from the East right-of-way line of South Shoreline Boulevard to its intersection with a second “A-2” zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement, inside the Marina Del Sol Boat Harbor, for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south most boundary of Lot 3, Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3, Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South most boundary of Lot 3, Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3, Block 1 of Marina Del Sol Subdivision, 540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwest along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue, to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street:; Thence Northerly along the centerline of South Tancahua Street, passing Furman, Coleman, Park, Agnes, and Laredo Street, to a point in the centerline where South Tancahua becomes North Tancahua, and continuing along North Tancahua, passing Kinney, Blucher, Comanche, Lipan, Leopard, Antelope and Buffalo Street and continuing past IH 37 to its intersection with the centerline of the existing northwest frontage road of I.H. 37, for a point; Thence Northeast along the centerline of said existing northwest frontage road of I.H. 37 to its intersection with the South right-of-way line of West Broadway Street for a point; Thence along the South right-of-way line of West Broadway Street to its intersection with the westerly extension of the South right-of-way line of Concrete Street for a point; Thence Northeasterly along the South right-of-way line of Concrete Street extended, to its intersection with the north right-of- way line of West Broadway Street, for a point; Thence Northwesterly along the North right-of-way line of West Broadway Street to the Southeast property line of the City of Corpus Christi’s Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi’s Broadway Wastewater Treatment Plant Southeast property line to its intersection with the common South boundary line of Lots 1, Block 58 of the Beach Addition; Thence West along the South boundary line of Lot 1, Block 58 out of the Beach Addition, to its Southwest corner for a point; City of Corpus Christi / Corpus Christi Downtown Management District 15 | P a g e Thence Northwest along the common, West boundary line of Lots 1 thru 6, Block 58, of the Beach Addition, to its intersection with the South right-of-way line of Resaca Street; Thence Northeast along the South right-of-way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its intersection with the centerline of Port Avenue, for a point; Thence Southwest along the centerline of Port Avenue, to its intersection with the West right-of-way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right-of-way line of Sam Rankin Street and its extension to its intersection with the centerline of the Corpus Christi – Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10% or more of the area used for residential purposes: Beach Addition Block 55 Lots 10 thru 12 City of Corpus Christi / Corpus Christi Downtown Management District 16 | P a g e Exhibit C Proposed Budget FY 2018: Year FY 2016 FY 2016 FY 2018 FY 2019 Budget Actual Budget Estimated Proposed Future Beg. Bal 2,297,833$ 2,253,569$ 2,953,576$ 2,992,483$ 3,388,432$ 2,459,705$ + Increment Revenue 994,117$ 914,191$ 1,127,852$ 1,070,317$ 1,291,273$ 1,614,091$ 1 Chaparral St. Grant Program 200,000$ 71,942$ 200,000$ 100,000$ 200,000$ -$ 2 New Tenant Commercial Finish Out Grant Program 100,000$ -$ 100,000$ 15,000$ 100,000$ -$ 3 Downtown Living Initiative 1,000,000$ -$ 905,000$ -$ 725,000$ 1,300,000$ 4 Project Specific Development Agreement -$ -$ -$ -$ -$ -$ 5 Site Management & Development -$ -$ -$ -$ 100,000$ -$ 6 Parking Study & Development 100,000$ 98,534$ 50,000$ 50,000$ 150,000$ -$ 7 Traffic Pattern Analysis & Streetscapes 150,000$ -$ 150,000$ 150,000$ 500,000$ 1,000,000$ 8 Other Programs & Initiatives -$ 350,000$ 350,000$ 395,000$ 420,000$ 9 Management & Professional Services 50,000$ 4,801$ 50,000$ 9,368$ 50,000$ 50,000$ TOTAL EXPENDITURES 1,600,000$ 175,277$ 1,805,000$ 674,368$ 2,220,000$ 2,770,000$ End Bal 1,691,950$ 2,992,483$ 2,276,428$ 3,388,432$ 2,459,705$ 1,303,796$ FY 2017 See Below for FY 2018 Update of Project Budget See Below for FY 2019 Update of Project Budget City of Corpus Christi / Corpus Christi Downtown Management District 17 | P a g e Proposed Budget FY 2019: See Below for FY 2021 Update of Project Budget 1 Ordinance appointing Mike Alaniz, Jacqueline Del Llano Chapa, Mark DeKoch, Gail G. Loeb, Julianna Siracusa Rivera, and David Walsh as full-time Municipal Judges of the Municipal Court of Record in the City of Corpus Christi, Texas; appointing Gail G. Loeb as the presiding judge; appointing Jerry L. Batek, Bill Bonilla, Kali Guttman, Christopher E. Matt, George Picha, and Todd A. Robinson, as part-time judges of the Municipal Court of Record in the City Of Corpus Christi; determining salary; providing a term of office; and declaring an effective date WHEREAS, pursuant to Corpus Christi Code Sec. 29-4, the City Council shall appoint municipal judges, as deemed necessary for the benefit and conduct of the court. Each judge shall be appointed by the City Council and shall hold office for a two-year term coterminous with the term of the appointing City Council unless sooner removed or until the successor, if any, is appointed; WHEREAS, the City Council shall by ordinance appoint its municipal judges pursuant to Texas Government Code §30.00006; and WHEREAS, the City Council finds the following appointees meet the qualifications for Municipal Court judge pursuant to Corpus Christi Code and State law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Mike Alaniz, Jacqueline Del Llano Chapa, Mark DeKoch, Gail G. Loeb, Julianna Siracusa Rivera, and David Walsh are appointed as Municipal Judges of the Municipal Court of Record in the City of Corpus Christi, Texas. SECTION 2. That Gail G. Loeb is appointed as Presiding Judge of the Municipal Court of Record in the City of Corpus Christi, Texas. SECTION 3. Gail G. Loeb shall receive the fixed salary of $122,225.89. Jacqueline Del Llano Chapa shall receive the fixed salary of $104,938.18. Mike James Alaniz shall receive the fixed salary of $103,409.98. Julianna Siracusa Rivera shall receive the fixed salary of $101,881.78. Mark DeKoch and David Walsh shall receive a fixed salary of $100,000. SECTION 4. That each person appointed as Municipal Judge of the Municipal Court of Record will not be entitled to a car allowance. SECTION 5. That Jerry L. Batek, Bill Bonilla, Kali Guttman, Christopher E. Matt, George Picha, and Todd A. Robinson are appointed as Part-Time Judges of the Municipal Court of Record in the City of Corpus Christi, Texas. SECTION 6. That Jerry L. Batek, Christopher E. Matt, and Todd A. Robinson shall receive an hourly rate of $47.65 per hour. That Bill Bonilla shall receive an hourly rate of $45.58 per hour. George Picha and Kali Guttman shall receive $44.25 per hour. 2 SECTION 7. That each judge shall hold office for a term coterminous with the term of the appointing City Council unless sooner removed or until the successor, if any, is appointed. SECTION 8. This ordinance constitutes an action by the City Council not to reappoint any and all judges not appointed herein. SECTION 9. This ordinance takes effect upon passage on second reading. 3 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: March 30, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police MikeMa@cctexas.com 361-886-2601 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a five-year service agreement in an amount not to exceed $437,358.60 with Intrado Life and Safety, Inc. for the purchase of A9-1-1 Location Data Management to provide location data and phone numbers for 911 callers, with FY 2021 funding in the amount not to exceed $43,735.86 available from the MetroCom Fund. SUMMARY: The contract will provide detailed location information (automatic number and location identification) from a 9-1-1 caller in MetroCom and then store it in the Power911 call-handling system. There is no on-site software associated with this agreement. BACKGROUND AND FINDINGS: The City’s previous contract with Intrado Life and Safety, Inc. was a five-year service agreement for $465,312.85, which updated the City’s 911 system from analog to digital. The proposed contract will provide next steps, such as Text to 9-1-1 and other digital capabilities, in the continuous progression toward a fully digitally-integrated 911 service. This service is referenced as Next Generation 911 (NG911) and it will enhance the City’s 911 system by creating a faster, more flexible, resilient, and scalable system that allows 911 to keep up with digital communication technology used by the public. NG911 is an Internet Protocol (IP) based system that allows digital information, such as voice, photos, videos, text messages and caller location data, from the public to be sent from Intrado to MetroCom and then onto police, fire, and EMS units responding to incidents. This generation of 911 technology will be mandated by the National Emergency Number Association (NENA) within the next three to five years for all public safety dispatch centers. As part of this agreement, Intrado also will upgrade existing circuits to handle the increase in speed required to process the new digital information. There is no local software to upgrade. Intrado performs periodic updates to the Automatic Location A9-1-1 Location Data Management AGENDA MEMORANDUM Action Item for the City Council Meeting March 30, 2021 Information (ALI) platform and will notify customers when a maintenance event is scheduled. Training for the ALI 911Net Portal is provided by Intrado ALI analysts. PROCUREMENT DETAIL: This is a sole source procurement. Intrado Life and Safety, Inc., is the authorized and sole distributor for the A9-1-1 Data Location Data Management service. ALTERNATIVES: An alternative is to not purchase these services which will prevent the Corpus Christi Police Department from more effectively addressing emergencies throughout the City. FISCAL IMPACT: The fiscal impact for the Police Department in FY 2021 is an estimated amount of $43,735.86 for this five- year service agreement. The remaining estimated $393,622.74 will be budgeted in future years through the annual budget process. The amounts are estimated because monthly costs will vary depending on how many telephone numbers are in MetroCom’s ALI database. FUNDING DETAIL: Fund: 1048 MetroCom Organization/Activity: 11802 9-1-1 Call Delivery Wireline Mission Element: 151 Respond to Law Enforcement Calls Project # (CIP Only): N/A Account: 530200 Telephone/telegraph Amount: $43,735.86 RECOMMENDATION: Staff recommends approval of the resolution authorizing a five-year service agreement with Intrado Life & Safety, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Resolution Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET CONTRACTS AND PROCUREMENT DEPARTMENT INTRADO LIFE & SAFETY SOLUTION SENIOR BUYER: TRACY GARZA SOLE SOURCE ITEM DESCRIPTION QTY UNIT ANNUAL UNIT PRICE EXTENDED TOTAL GRAND TOTAL INTRADO LIFE & SAFETY SOLUTION 1 $437,358.60$87,471.725YEARS A9-1-1 Location Data Management Page 1 of 2 Resolution authorizing a five-year service agreement in an amount not to exceed $437,358.60 with Intrado Life and Safety, Inc. for the purchase of a service that provides location and phone numbers of callers to 911 as well as a texting option, with FY 2021 funding in the amount not to exceed $43,735.86 available from the MetroCom Fund. WHEREAS, renewal of an A9-1-1 Location Data Management service agreement will be renewed for use by the Police Department; WHEREAS, this system will provide detailed location information (automatic number and location identification) from a 9-1-1 caller in MetroCom; 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) (2), as this purchase is necessary to preserve or protect the public health and safety of the City’s residents; and 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 for the five-year service agreement in an amount not to exceed $437,358.60 with Intrado Life and Safety, Inc. for the purchase of A9-1-1 Location Data Management. 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 Page 1 © 2021 Intrado Corporation. All rights reserved. EOE/AA Employer Agreement for Services (Government Customers) This Agreement for Services is between Intrado Life & Safety Services, Inc. (“Intrado”) and the customer signing below (“Customer”), dated as of the latest signature date (“Effective Date”).The parties may enter into orders or statements of work referencing this agreement (each, an “Order”) describing the Intrado services (“Services”). “Agreement” means this Agreement for Services and all Orders. “Affiliate” has the meaning in Rule 405 of the U.S. Securities Act of 1933, as amended. Notwithstanding the foregoing, in no event shall any company or entity owned or controlled by Apollo Global Management, LLC, other than Intrado Corporation and its subsidiaries, be deemed a Intrado “Affiliate” for purposes of this Agreement. 1. Term This Agreement begins on the Effective Date and does not have a defined end date; rather, this Agreement will apply to any Order for the duration of such Order. Termination of any Order will not affect this Agreement or any other Order. 2. Payment Invoices Customer will pay the fees described in Orders. Intrado bills recurring fees monthly and non-recurring fees within 30 days of the Order effective date (except as specified in an Order). Invoices may be transmitted electronically and are payable via electronic funds (ACH, EFT or wire transfer) within 30 days of invoice date, without setoff or deduction. Requested Services performed by Intrado before an Order effective date or outside the scope of the Order will be billed as specified in an Order. Intrado will apply payments to the oldest outstanding invoice. Taxes Customer will bear all applicable taxes, duties, and other government charges relating to Services (including applicable interest and penalties), except taxes based on Intrado’s income. Any tax exemption must be supported by appropriate documentation. Termination Intrado’s pricing is based on fees for the entire Order term. On early termination of an Order (except due to Intrado’s default or non-appropriation as laid out below), Customer will pay for Services delivered and outstanding invoices, plus a termination fee equal to Recurring Fees times the remaining months of the Order term. “Recurring Fees” will equal the greater of (a) monthly minimum fees, if any, stated in the Order, or (b) the average monthly fee for the six months before the notice of termination. Intrado has made pricing concessions based on the amount of recurring fees for the term of the Order, and the termination fees are a fair approximation of Intrado’s damages, not a penalty. Termination for non-appropriation. The continuation of the Agreement or the term of any Order after the close of any fiscal year of the Customer, which fiscal year ends on September 30th annually, is subject to appropriation and budget approval specifically covering the Agreement or Order as an expenditure in said budget, and it is within the sole discretion of the Customer’s City Council to determine whether or not to fund the Agreement. The Customer 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. Late Payments Invoices not paid when due will bear interest from the due date at the lower of two percent per month or the highest allowable rate. Customer will pay all reasonable costs of collection (including attorney fees). Intrado may change payment terms or require a deposit upon an adverse change in Customer’s financial condition or payment record. Disputed Invoices Customer may withhold only good faith disputed amounts, not to exceed one month’s Recurring Fees for Services and will pay all other amounts when due. Customer must notify Intrado within 15 days of any disputed invoice, specifying the nature of the dispute. The parties will try in good faith to resolve any disputed invoices within 30 days of such notice. 3. Confidentiality Exhibit A: Confidentiality and FOIA applies to disclosure and use of Confidential Information (as defined in Exhibit A) exchanged under this Agreement and disclosures required by applicable freedom of information or public records laws. 4. Limited Warranty Intrado warrants that Services will be provided in a workmanlike manner, in accordance with industry standards and by individuals with suitable skills and abilities. Except as provided in an Order, Services will be deemed accepted when performed. Intrado does not warrant products, equipment, hardware, or software used to provide Services but not manufactured by Intrado. EXCEPT AS STATED IN THIS SECTION, INTRADO DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, DATA ACCURACY, CONDITION OF DATA, OR LOSS OF DATA, NETWORK CONNECTIVITY, INTEROPERABILITY, OR THAT SERVICES OR RELATED SYSTEMS WILL BE UNINTERRUPTED OR ERROR-FREE. 5. Customer Materials Customer will provide information reasonably requested by Intrado to perform Services, including as applicable: telecommunication or cell site specifications; Customer or third party databases; network architectures and diagrams; performance statistics; interfaces and access to Customer systems, including third party systems; routing and network addresses and configurations (“Customer Materials”). Customer warrants that (a) Customer is solely responsible for the content and rights to Customer Materials; (b) Customer Materials will be accurate; and (c) Intrado’s use of Customer Materials will not violate the rights of any third party. 6. Limitation of Liability Limitation NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSS OF GOODWILL, DATA, OR PROFITS, OR COST OF COVER. THE TOTAL LIABILITY OF INTRADO FOR ANY REASON WILL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER UNDER THE RELEVANT DocuSign Envelope ID: D76C66E1-94E9-4F5A-8837-405BC9A53AD3 Page 2 © 2021 Intrado Corporation. All rights reserved. EOE/AA Employer ORDER IN THE SIX MONTHS PRIOR TO THE CLAIM. THESE LIMITS ON LIABILITY APPLY WHETHER THE CLAIM ARISES OUT OF BREACH OF WARRANTY, CONTRACT, TORT, OR STRICT LIABILITY, AND EVEN IF THE DAMAGES ARE POSSIBLE OR FORESEEABLE. Time Limit ANY SUIT MUST BE FILED WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES. 7. Indemnification Infringement Intrado will (a) defend or settle any third party claim against Customer that Services infringe any patent issued as of the Order effective date (“IP Claim”); and (b) pay any final judgment or settlement agreed to by Intrado. These obligations will not apply if a claim arises in whole or in part from (1) Customer’s alteration of Services; (2) Customer Materials or Services based on Customer Materials, or information, design, specifications, directions, instruction, software, data, or material not furnished by Intrado; (3) combination of Services with Customer Materials or any materials, products, or services not provided by Intrado; or (4) any third party products or services. If an IP Claim occurs or Intrado believes may occur, Intrado may (1) obtain the right to continue to provide Services; (2) modify Services so they are non-infringing and in compliance with this Agreement; (3) terminate Services without liability other than this indemnity obligation. This Section describes Customer’s exclusive remedy for any infringement claims. Intrado Indemnity Intrado will indemnify, defend, and hold harmless Customer, its Affiliates and their officers, directors, employees, and agents from third-party claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorney fees and expenses (collectively, “Claims”) for physical injury or death or tangible property damage to the extent caused by Intrado’s gross negligence or willful misconduct. Customer Indemnity Except to the extent prohibited by applicable law, Customer will indemnify, defend, and hold harmless Intrado, its Affiliates, and their officers, directors, employees, and agents from Claims (a) relating to Customer Materials or a breach of the Section titled Customer Materials; (b) relating to any Customer product or service; or (c) for physical injury or death or tangible property damage to the extent caused by Customer’s gross negligence or willful misconduct. Procedures The indemnified party will (a) notify the other party of any IP Claim or Claim; (b) relinquish control of the defense and settlement; and (c) assist the indemnifying party as reasonably requested. Notice of an IP Claim must include a claim chart showing how Services infringe the patent claims. This claim chart will not impact either party’s rights or remedies under this Agreement. The indemnifying party may settle any IP Claim or Claim without the indemnified party’s consent if the settlement does not affect the rights of the indemnified party. The indemnified party may participate in the defense at its expense. 8. Termination for Default If either party fails to cure a material default within ten days for late payments, or 30 days for other default, after notice specifying the default, the non-defaulting party may terminate the Agreement or applicable Order, and pursue any other available remedies at law or equity. The cure period will extend for 30 more days if Intrado uses good faith efforts to cure. 9. Intellectual Property Intrado retains full and exclusive ownership of and all rights in, to and under its trademarks, service marks, tradenames and logos, and any design, data, specification, know-how, software, device, technique, algorithm, method, discovery or invention, whether or not reduced to practice, relating to Services and any development, enhancement, improvement or derivative works of Services except for Customer Materials (collectively, including all intellectual property rights, “Intrado IP”). Intrado grants Customer a non-exclusive, non- transferable license during the term to use Intrado IP only to the extent required to utilize Services, subject to this Agreement. Customer receives no other right, title, or interest in, to, or under Intrado IP. Intrado IP is Intrado’s Confidential Information (as defined in Exhibit A hereto). Customer will cooperate to take such actions reasonably requested to vest ownership of Intrado IP in Intrado. Customer will not disclose or allow access to Intrado IP, including without limitation, software and systems, by anyone other than Customer’s employees and subcontractors who have a need to access Intrado IP and who are bound by law or written agreement to comply with Customer’s duties under this Agreement. Neither party will reverse engineer, decompile, disassemble, or translate the other party’s intellectual property or confidential information. Each party reserves all rights to its intellectual property and confidential information. 10. On-Site Services For any Services performed on Customer’s premises, Customer will (a) provide appropriate facilities, access, furnishings, equipment, software, documentation, passwords and data; (b) maintain adequate security, safety, utilities, and environmental standards; and (c) reimburse Intrado for its reasonable out-of-pocket expenses, including coach class travel, business class lodging, automobile rental, and meals, unless otherwise provided in the Order. While on the other’s premises, each party will comply with the other party’s written security rules and regulations. 11. Insurance Intrado will maintain: (a) Workers’ Compensation insurance required by law; (b) employer’s liability insurance with limits of at least $500,000 for each claim; (c) comprehensive automobile liability insurance if the use of motor vehicles is required, with limits of at least $1,000,000 combined single limit for bodily injury and property damage for each claim; (d) Commercial General Liability insurance, including Blanket Contractual Liability and Broad Form Property Damage, with limits of at least $1,000,000 combined single limit for bodily injury and property damage for each claim; (e) Professional Liability or Errors and Omissions insurance of at least $1,000,000 for each claim; and (f) excess or umbrella liability at a limit of at least $5,000,000 per claim. The CGL, excess or umbrella liability and automobile liability policies will designate DocuSign Envelope ID: D76C66E1-94E9-4F5A-8837-405BC9A53AD3 Page 3 © 2021 Intrado Corporation. All rights reserved. EOE/AA Employer the other as an Additional Insured. On request, the other party will furnish certificates evidencing the foregoing insurance. Each party will strive to notify the other at least 30 days before any cancellation or termination of its policy. 12. Miscellaneous Governmental Agencies Use of Intrado Services or products by the United States Government or other governmental agencies will be as “restricted computer software” or “limited rights data” as set forth in 48 CFR 52.227-14, or as “commercial computer software” or “commercial computer software documentation” under DFARS 252.227-7202, or under such other similar applicable terms and conditions to prevent the transfer of rights in and to the technology to the government or such agency other than under normal commercial licensing terms and conditions. Contractor/manufacturer is Intrado Corporation or its affiliates, 11808 Miracle Hills Dr., Omaha NE 68154. Force Majeure Neither party is liable for delays or defaults in its performance hereunder (except for its payment obligations) due to causes beyond its reasonable control, including: acts of God or government; war, terrorism, fire, or explosion; flood; extreme weather; epidemic; riots; embargoes; viruses; technology attacks; labor disturbances; failure or unavailability of the Internet, telecommunications, transportation, utilities, or suppliers. Independent Contractors, Beneficiaries The parties are independent contractors. No agency, joint venture, or partnership is created under this Agreement. This Agreement benefits Customer and Intrado only; there are no third party beneficiaries, including Customer’s customers. Interpretation, Conflict, Severability “Including” means including, without limitation. “Days” means calendar days. If any terms of this Agreement and an Order conflict, the Order will govern for that Order only. No preprinted purchase order or other form terms will apply. Any provision held unenforceable by a court will be enforced to the fullest extent permitted by law and will not affect the other provisions. No course of dealing or failure to exercise any right or obligation is an amendment or waiver. This Agreement may be modified or amended only in a writing signed by the parties. Assignment This Agreement will be binding on the permitted successors and assigns. Neither party may transfer or assign this Agreement without the prior written consent of the other, not to be unreasonably withheld, except that Intrado may assign this Agreement to an Affiliate or to an acquirer of all or part of its business or assets without consent. Applicable Law and Remedies This Agreement is governed by Texas law, without regard to choice of law principles. Each party waives all rights to a jury trial. Injunctive relief will apply to any breach of Sections 3 or 9 above. All rights and remedies are in addition to any other rights or remedies at law or in equity, unless designated as an exclusive remedy in this Agreement. Each party will be entitled to the same governmental or other immunity or other protections afforded by any law, rule, or regulation to the other party, and neither party will object to or interfere with the other party’s application of this sentence. Compliance with Laws Each party has or will timely obtain all consents, licenses, permits, and certificates required to perform under this Agreement. Each party will comply with laws, rules, regulations, and court orders applicable to it or Services. Intrado may cease or modify Services or these terms as reasonably required to comply with changes in law. Customer recognizes and agrees to comply with Intrado’s Code of Ethical Business Conduct located at https://www.west.com/legal- privacy/code-of-ethics/. Advertising and Publicity Neither party will use the other party’s name or marks in any press release, advertisement, promotion, speech, or publicity, without the other party’s prior written consent, except that Intrado may use Customer’s name and marks in its customer lists, sales or promotional materials without consent. Affiliates, Changes Services may be provided, in whole or part, by Intrado or its Affiliates. Intrado Safety Communications Inc. may provide regulated portions of Services. Intrado may modify or improve Services during the term. Notices, Entire Agreement, Survival, Signature All notices must be in writing and delivered to the address below. Notices are effective on receipt when sent by certified or registered U.S. Mail, charges prepaid, return receipt requested or when delivered by hand, overnight courier or fax with confirmed receipt. Notice by email is acceptable, effective 24 hours after receipt. This Agreement constitutes the entire agreement and supersedes any prior written or oral agreements or understandings related to its subject matter. Sections titled Invoice and Payment, Confidentiality, Limited Warranty, Limitation of Liability, Indemnification, Intellectual Property, and Miscellaneous will survive termination of this Agreement. This Agreement may be executed in counterparts, by facsimile or electronically, and is not enforceable unless executed by both parties. DocuSign Envelope ID: D76C66E1-94E9-4F5A-8837-405BC9A53AD3 Page 4 © 2021 Intrado Corporation. All rights reserved. EOE/AA Employer IN WITNESS WHEREOF, The parties hereby execute and authorize this Agreement as of the Effective Date. CORPUS CHRISTI, TX INTRADO LIFE & SAFETY SERVICES, INC. Authorized Signature Authorized Signature Name Typed or Printed Name Typed or Printed Title Date signed Title Date signed Address for Notices: 321 John Sartain Corpus Christi, Texas 78401 Attn: Antwine D. Charles Phone: 361-886-2653 Fax: N/A Email: antwinec@cctexas.com Address for Notices: 1601 Dry Creek Dr. Longmont, CO 80503 Attn: Legal Department, copy Attn: VP Finance Fax: 720-494-6600 Email: legalnotices.lifesafety@intrado.com DocuSign Envelope ID: D76C66E1-94E9-4F5A-8837-405BC9A53AD3 Beth A. Meek SVP Feb-26-2021 Page 5 © 2021 Intrado Corporation. All rights reserved. EOE/AA Employer Exhibit A: Confidentiality and FOIA Except to the extent disclosures are required under applicable freedom of information or public records laws or regulations, the terms of this Exhibit A-Confidentiality and FOIA will apply to information disclosed under this Agreement. Customer may disclose the Intrado’s Confidential Information only to the extent required by applicable law or regulation. Customer will give suffic ient notice to Intrado to allow Intrado to claim applicable exemptions, make applicable objections , or seek appropriate limits or restrictions on use and disclosure of its Confidential Information. 1. Definitions “Confidential Information” means all information disclosed by or on behalf of either party (“Discloser”) to the other party (“Recipient”) that is marked as confidential or proprietary or that by its nature or context constitutes information that a reasonable businessperson would treat as proprietary, confidential, or private, even if not so marked. Confidential Information includes, but is not limited to, a party’s financial, business, technical, marketing, sales, customer, product, pricing, strategy, personnel, software, systems, methods, processes, practices, intellectual property, trade secrets, software, data, contract terms, or other business information. 2. Exclusions Confidential Information does not include any information that: (a) was or becomes generally available to the public through no breach of this Exhibit; (b) was previously known by Recipient or is disclosed to Recipient by a third party without any obligation of confidentiality; or (c) is independently developed by Recipient without use of Discloser’s Confidential Information. 3. Use and Disclosure Recipient and its employees, Affiliates, agents, and contractors will: (a) use Confidential Information only for the Agreement; (b) disclose Confidential Information only to its employees, Affiliates, agents, and contractors with a “need to know” for the Agreement; (d) use the same standard of care to protect Discloser’s Confidential Information as Recipient uses to protect its own similar confidential or proprietary information, but not less than reasonable care appropriate to the type of information; (e) reproduce Discloser’s confidentiality or proprietary notices, legends, or markings on all copies or extracts of Confidential Information; and (f) use and disclose Confidential Information as authorized in writing by Discloser. Recipient is responsible for compliance with this Exhibit by its employees, Affiliates, agents, and contractors. 4. Required Disclosure If required to disclose any Confidential Information by law or court order, Recipient will promptly notify the Discloser (unless prohibited by law) and cooperate with Discloser, at Discloser’s expense, to seek protective orders or appropriate restrictions on use and disclosure. Confidential Information disclosed under this Section will continue to be subject to all terms of this Exhibit for all other purposes. 5. Return or Destruction Within 30 days after termination of the Agreement or written request of Discloser, Recipient will return or destroy Discloser’s Confidential Information. Recipient will certify return or destruction if requested by Discloser. Recipient may retain Discloser’s Confidential Information to the extent required by law. This Exhibit A will survive and continue to apply to Discloser’s Confidential Information that is not reasonable to return or destroy (for example, retained in archive or backup systems) as long as it is retained by or for Recipient. DocuSign Envelope ID: D76C66E1-94E9-4F5A-8837-405BC9A53AD3 DATE: March 30, 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 replacement Slope Mowers from Alamo Industrial, of Seguin, Texas for a total amount of $456,628.80, which will be utilized to mow stormwater ditches by the Department of Public Works, with FY 2021 funding available in the Vehicle & Equipment Replacement Fund. SUMMARY: This motion authorizes the purchase of two Slope Mowers to mow stormwater ditches across citywide drainage infrastructure. These specialized slope mowers will be utilized for steep drainage channel embankments and rights-of-way mowing over guardrails. BACKGROUND AND FINDINGS: The Department of Public Works has identified a safety and efficiency improvement to stormwater’s mowing equipment fleet. This improvement will be effectuated through the purchase of these two slope mowers because of their width. Additionally, the new unit’s counterweight position stabilizes the mower lower to the ground while increasing mowing capacity per day. In addition, because of the increased stability, the maintenance & repair cost is lower than the units being replaced. The two units will serve as replacements for two of the six slope mowers currently in the Public Works fleet. The first of the two units being replaced is 13-year-old with 4,997 logged service hours and the second unit is 11-year-old with 5,099 logged service hours. PROCUREMENT DETAIL: This procurement is facilitated 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 realized through the BuyBoard Cooperative is 15% ($40,290.78 per unit) less than per unit list price of $268,605.18. The total Purchase of Two Slope Mowers for Public Works AGENDA MEMORANDUM Action Item for the City Council Meeting of March 30, 2021 savings realized by completing this procurement through the BuyBoard Cooperative totals $80,581.56 for both units. In view of these savings, the BuyBoard Cooperative is the best method of purchase for the City for these two (2) slope mowers. ALTERNATIVES: The alternative to purchasing the two slope mowers is to rent comparable units locally. However, this would not be cost effective in the long-term, and the equipment may not be readily available when needed if rented. FISCAL IMPACT: The FY 2021 fiscal impact for totals $456,628.80 for the purchase of two Alamo Mathis Slope Mower to be funded by the FY 2021 Vehicle & Equipment Replacement Fund. FUNDING DETAIL: Fund: 5111 Vehicle & Equipment Replacement Fund Organization/Activity: 32000 Storm Water Fund Fleet Mission Element: 201 Manage Fleet Inventories Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Amount: $456,628.80 RECOMMENDATION: Staff recommends approval of this purchase with Alamo Industrial for two Alamo Mantis Slope Mowers, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of Two Alamo Mantis Slope Mowers for Public Senior Buyer: Cynthia Perez Works Unit Extended Price Price 1 Mantis 4142, no hitches or PTO, with RF30 Boom, 60" Rotary, Blade Bar, Front Hitch 2 EA. $228,314.50 $456,628.80 TOTAL:$456,628.80 Alamo Industrial Seguin, Texas ITEM DESCRIPTION QTY.UNIT Council Presentation March 30, 2021 Public Works Department FY 2021 Equipment Replacement & Purchases 1 2 Slope Mower (21-0287) DATE: March 30, 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 replacement tractor trucks from Lonestar Freightliner Group, LLC, of Waco, Texas for a total amount of $276,430.00 that will be utilized to pull two Live Bottom trailers to haul materials to and from work sites by the Department of Public Works, with FY 2021 funding available in the Vehicle & Equipment Replacement Fund. SUMMARY: This motion authorizes the purchase of two Western Star tractor trucks that will pull two live bottom trailers. These two paired units will assist in transporting asphalt materials from the asphalt plant to the in-house rehabilitation projects throughout the City. BACKGROUND AND FINDINGS: The Department of Public Works has identified an operational efficiency improvement in acquiring these two additional tractor trucks. This efficiency will enhance the current five live bottom tractor truck to seven live bottom tractor trucks in the Public Works fleet. This will enhance the existing fleet by allowing for more efficient and effective transportation of asphalt products , increased hauling capacity by an estimated 46% annually from the current replacement units. These units will serve as replacements for two – seven cubic yard dump trucks in the Public Works fleet. The current two seven cubic yard dump trucks have exceeded their expected service life span of seven years – one of the units being replaced is nine year old and the second unit is eight years old. Both units have become obsolete in the asphalt industry for street rehabilitation projects. PROCUREMENT DETAIL: This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and Purchase of Two Tractor Trucks for Public Works AGENDA MEMORANDUM Action Item for the City Council Meeting of March 30, 2021 State procurement requirements. The percentage of savings on the BuyBoard Cooperative is 41% ($94,954.00 per unit) less than the per unit list price of $233,169.00. In sum, the total savings realized by utilizing the BuyBoard Cooperative is $189,908.00 for both units. In view of these savings, this is the best method of purchase for the City for these two tractor trucks. ALTERNATIVES: The alternative to purchasing these two tractor trucks is to rent them. However, this will not be cost effective for the long-term, and the equipment may not be available when needed if rented. FISCAL IMPACT: The FY 2021 fiscal impact totals $276,430.00 for the purchase of two tractor trucks to be funded through the FY 2021 Vehicle & Equipment Replacement Fund. FUNDING DETAIL: Fund: 5111 Vehicle & 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 Amount: $276,430.00 RECOMMENDATION: Staff recommends approval of this purchase with Lonestar Freightliner Group, LLC for two tractors trucks, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Contracts and Procurement Senior Buyer: Cynthia Perez Price Sheet Purchase of Two WS Tractor Trucks for Public Works BuyBoard Contract 601-19 Unit Extended Price Price 1 2022 Western Star 4700 SF Chassis Storm Water Tractors 2 EA. $138,215.00 $276,430.00 TOTAL:$276,430.00 Lonestar Freightliner Group, LLC Waco, Texas ITEM DESCRIPTION QTY.UNIT Council Presentation March 30, 2021 Public Works Department FY 2021 Equipment Replacement & Purchases 1 2 Live Bottom Tractor Truck (21-0295) DATE: March 30, 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 tractor from Deere & Company, of Cary, North Carolina, through its distributor King Ranch Ag & Turf from Robstown, Texas for a total amount of $58,473.89, which will be utilized to pull a 15’ Batwing mower deck to mow grass along the City’s stormwater ditches by the Department of Public Works, with FY 2021 funding available in the Vehicle & Equipment Replacement Fund. SUMMARY: This motion authorizes the purchase of one John Deere tractor that will be utilized by Storm Water in-house crews to mow drainage channels and street rights-of-ways throughout the City. BACKGROUND AND FINDINGS: The Department of Public Works has identified a mowing 4x2 tractor that has exceeded its life expectancy span of seven years with 5,000 logged service hours. The current unit to be replaced is 17 years old and has logged 6,153 service hours. This replacement unit is one of three units in the Public Works fleet utilized by the Stormwater Vegetation Management Division’s In-House mowing program charged with mowing 5,563.28 acres annually. PROCUREMENT DETAIL: This procurement is through the TXMAS Cooperative. Contracts awarded through the TXMAS Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings on the TXMAS Cooperative is 17% ($12,994.21) less than list price ($71,468.10). In view of these savings, this is best method of purchase for the City for this tractor mower. Purchase of One Tractor for Public Works AGENDA MEMORANDUM Action Item for the City Council Meeting of March 30, 2021 ALTERNATIVES: An alternative to purchasing this tractor is to rent a comparable unit. However, this would not be cost effective for the long-term, and the equipment may not be readily available when needed, if rented. FISCAL IMPACT: The FY 2021 fiscal impact totals $58,473.89 for the purchase of one John Deere tractor to be funded through the FY 2021 Vehicle & Equipment Replacement Fund. FUNDING DETAIL: Fund: 5111 Vehicle & Equipment Replacement Fund Organization/Activity: 32000 Storm Water Fund Fleet Mission Element: 201 Manage Fleet Inventories Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Amount: $58,473.89 RECOMMENDATION: Staff recommends approval of this purchase with John Deere Company, of Cary, North Carolina, through its distributor King Ranch Ag & Turf, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of One John Deere Tractor for Public Works Senior Buyer: Cynthia Perez Contract- TX Ag Equip TXMAS-18-23V02 Unit Extended Price Price 1 John Deere 5100E Utility Tractor Distributor- King Ranch Ag & Turf, Robstown, Texas 1 EA. $58,473.89 $58,473.89 TOTAL:$58,473.89 John Deere Company Cary, NC ITEM DESCRIPTION QTY.UNIT Council Presentation March 30, 2021 Public Works Department FY 2021 Equipment Replacement & Purchases 1 2 Mowing Tractor (21-0298) DATE: March 30, 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 additional 2021 freightliner chassis with Bergkamp Patcher bodies from Doggett Freightliner of South Texas, LLC, of Converse, Texas for a total amount of $392,770.00, to be used in the maintenance and repairs of potholes by the Department of Public Works, with FY 2021 funding available in the Vehicle & Equipment Replacement Fund. SUMMARY: This motion authorizes the purchase of two additional Berkamp Patchers to conduct pothole repairs throughout 2,919 lane miles of City street inventory. These pothole patchers will be an addition to the current four units in the Public Works fleet. BACKGROUND AND FINDINGS: The Department of Public Works has identified a need to increase its pothole patchers by two additional units based on potholes completed in the last three years as well as current trends in citizens’ requests for pothole repairs. By revamping the Pothole Program to complete more effective and sustainable pothole repairs, Public Works is actively working to decrease response time from six to two days. It is estimated that this reconfiguration will allow the Pothole crew staff to complete an additional 1,358 pothole repairs per unit per month or an annual performance gain of 27.2% from current operations. Based on the Pothole Program’s performance in the first two quarters of FY 2021 and the addition of these two units to the fleet, an estimated 120,000 potholes are anticipated to be addressed by fiscal year-end. This is 45,000 more potholes than originally projected at the onset of FY 2021. By utilizing the deferred funding from two dump trucks replacements, the Department of Public Works will sustain the same fleet inventory. These replacement units have exceeded their life expectancy of seven years – one of the units being replaced is 14 years old and the other is 10 years old. Purchase of Two 2021 Freightliner Chassis with Bergkamp Patcher Bodies for Public Works AGENDA MEMORANDUM Action Item for the City Council Meeting of March 30, 2021 PROCUREMENT DETAIL: This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of saving on the BuyBoard Cooperative is 22.75% ($115,534.00) less than list price ($254,152.00). In view of these savings, this is the best method of purchase for the City for these Pothole Patchers. ALTERNATIVES: The alternative to purchasing the two pothole patchers 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, if rented FISCAL IMPACT: The fiscal impact for FY 2021 is a total amount of $392,770.00 for the purchase of two Berkamp Patchers to be funded through the Vehicle & Equipment Replacement Fund. FUNDING DETAIL: Fund: 5111 Vehicle & Equipment Replacement Fund Organization/Activity: 12431 Streets Fund Fleet Mission Element: 201 Manage Fleet Inventories Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Amount: $392,770.00 RECOMMENDATION: Staff recommends approval of this purchase with Doggett Freightliner of South Texas, LLC for two Berkamp Patchers, as needed LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of Two Freightliner Chassis for Public Senior Buyer: Cynthia Perez Works Buyboard Contract #601-19 Unit Extended Price Price 1 2021 Freightliner M2-106-12K F/23K rear Bergkamp FP5 Patchers 2 EA. $196,385.00 $392,770.00 TOTAL:$392,770.00 Doggett Freightliner of South Texas, LLC Converse, Texas ITEM DESCRIPTION QTY.UNIT Council Presentation March 30, 2021 Public Works Department FY 2021 Equipment Replacement & Purchases 1 2 Pothole Truck (21-0299) DATE: March 30, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Airport Department KevinS4@cctexas.com (361) 289-0171 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 Master Services Agreement for the purchase of a Cisco Phone System with Great South Texas Corp dba Computer Solutions in the amount of $118,440.70 for Cisco Phone Unified Communications (UC) for the Corpus Christi International Airport (CCIA), effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of $118,440.70 available in the Airport Fund. SUMMARY: This motion is to purchase professional services, hardware and software from Computer Solutions to migrate the Airport’s outdated Nortel phone system to the City’s Cisco phone system. This includes call manager, IP phones, and emergency notifications capabilities. BACKGROUND AND FINDINGS: The Airport current Nortel Phone system has been in-place for over 20 years and has reached end of life. There is limited support available today and the Airport must migrate to the city’s new Cisco phone system. If the current phone system fails, the Airport would be in the position of a prolonged and unplanned phone system outage without vendor support. The purchase of hardware and software f rom Computer Solutions to migrate the Airport’s outdated Nortel phone Cisco Phone UC Implementation for CCIA AGENDA MEMORANDUM Action Item for the City Council Meeting March 30, 2021 system to the City’s Cisco phone system would bring much needed upgrades to our communications software. This includes two new servers and routers, 120 IP phones, and a Cisco Network Interface Module that will enable emergency notification capabilities, as well as software processors that will increase overall connectivity to our communications system. Also, a three-year service agreement in combination with all professional services-installation & configuration including all rewiring of new hardware totaling 118,440.70. PROCUREMENT DETAIL: The IT Department reached out to Contracts and Procurement to issue a contract through the DIR Cooperative. Contracts awarded through the DIR Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: Do nothing and be in an emergency repair service down the road, and not being able to use digital technology to enhance the customer experience. FISCAL IMPACT: Airport Operating Budget: Corpus Christi International Airport (CCIA), FY 2021 funding in the amount of $118,440.70 available in the Airport Fund. FUNDING DETAIL: Fund: 4610 Airport Fund Organization/Activity: 35000 Airport Administration Mission Element: 274 Plan & Develop Airport Expansion Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase and three -year warranty with Great South Texas Corp dba Computer Solutions as presented. LIST OF SUPPORTING DOCUMENTS: Statement of Work – available to Council upon request Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Airport Phone UC Implementation DIR-TSO-4167 Item Description Qty Unit Price Total 1 Cisco Business Edition 6000H M5 Server 2 $10,654.65 $21,309.30 2 Cisco SMARTnet extended service agreement 3 year 6 $312.38 $1,874.28 3 Cisco BE Embedded Virt. Enhanced 2 $1,484.55 $2,969.10 4 SWSS Upgrades Cisco BE Embedded Virt Enchanced 3 year 6 $316.80 $1,900.80 5 Cisco IP Phone 7841 108 $168.49 $18,196.92 6 Cisco SMARTnet Extended service agreement 7841-3 years 324 $8.00 $2,592.00 7 Cisco Spare-Telephone wall mount kit 5 $30.54 $152.70 8 Cisco IP 8851 VolP phone 12 $283.89 $3,406.68 9 Cisco SMARTnet Extended service agreement 8851-. Year 36 $16.00 $576.00 10 Cisco Integrated Services Router 4331 2 $2,810.28 $5,620.56 11 Cisco SMARTnet extended service agreement-Router-3 years 6 $448.17 $2,689.02 12 Cisco Fourth Generation 64-Channel High Density Processor Module 2 $738.58 $1,477.16 13 Cisco Network Interface Module 2 $685.81 $1,371.62 14 Cisco Unified Border Element license 100 $53.38 $5,338.00 15 Cisco SMARTNet Total Care Software Support Service Technical support 300 $13.60 $4,080.00 16 InformaCast IP One Audio Port 1 $430.56 $430.56 17 Professional Services-installation & Configuration 1 $44,456.00 $44,456.00 $118,440.70Total Great South Texas Corp dba Computer Solutions San Antonio, TX DATE: March 30, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Richard Martinez, Director of Public Works RichardM5@cctexas.com (361) 826-3419 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a one-year service agreement with Mid-Coast Electric Supply, Inc. in an amount not to exceed $167,369.61 for professional services, hardware, and software to replace outdated supervisory control and data acquisition (SCADA) systems for Storm Water, effective upon issuance of a notice to proceed, with FY 2021 funding available through the Storm Water Fund. SUMMARY: This Resolution is to purchase professional services, hardware, and software from Mid- Coast Electric to replace the outdated Storm W ater SCADA Systems with the City’s standardized Rockwell SCADA systems. BACKGROUND AND FINDINGS: The critical Storm Water SCADA Systems are used to control pump stations, collect data, provide monitoring, provide status alarms, and store historical data. Storm Water Supervisory Control and Data Acquisition (SCADA) System Upgrade AGENDA MEMORANDUM Action Item for the City Council Meeting March 30, 2021 The City of Corpus Christi does not have a maintenance contract for the existing outdated Storm Water SCADA Systems. These systems are no longer supported or commercially available and must be replaced with the City’s standardized Rockwell SCADA systems with support and maintenance ensuring that Storm Water sites operate as needed to prevent flooding. PROCUREMENT DETAIL: This is a sole source procurement. Mid-Coast Electric Supply, Inc. is the sole source distributor of the Rockwell Software, products, services, and warranty repairs in South Texas. The SCADA system at the Storm Water pump stations is no longer supported or commercially available. The Storm Water SCADA system is a critical system that is used to control pump stations, collection data, provide monitoring, and provide status alarms. ALTERNATIVES: An alternative would be not to upgrade the Storm W ater SCADA System which leaves the Storm Water sites at risk of failed operations due to failure in software/hardware that cannot be easily replaced or supported. FISCAL IMPACT: Funding for FY2021 of $167,369.61 will come from the Storm Water Fund. FUNDING DETAIL: Fund: 4300 Storm Water Fund Organization/Activity: 32040 SWO Flood Control Management Mission Element: 067 Project # (CIP Only): n/a Account: 530215 Maintenance & Repairs - Contracted RECOMMENDATION: Staff recommends approval of this resolution authorizing this purchase with Mid-Coast Electric Supply as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Resolution Page 1 of 2 Resolution authorizing a one-year service agreement with Mid-Coast Electric Supply, Inc. in an amount not to exceed $167,369.61 for professional services, hardware, and software to replace the outdated Storm Water SCADA systems, effective upon issuance of a notice to proceed, with FY 2021 funding available through the Storm Water Funds. WHEREAS, Mid-Coast Electric Supply, Inc. will provide professional services, hardware and software upgrade to replace the outdated Storm Water SCADA systems; 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) (2), as this purchase is necessary to preserve of protect the public health and safety of the City’s residents; WHEREAS, there is 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; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (D), as this purchase is available from only one source due to captive replacement parts or components for equipment. 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 service agreement for professional services, hardware, and software to replace the outdated Storm Water SCADA system s from Mid-Coast Electric Supply, Inc. from San Antonio, Texas for an amount not to exceed $167,369.61. A copy of the agreement will be on file in the Office of the City Secretary. 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: Minerva Alvarado Storm Water SCADA System Upgrade Sole Source Item Description Qty Cost Total 1 FactoryTalk View SE 250 Display Perpetual 2 $5,049.63 $10,099.26 2 FactoryTalk Historian SE Standard-1000 tags 1 $13,270.00 $13,270.00 3 FactoryTalk View Studio Enterprise 1 $3,075.35 $3,075.35 4 FactoryTalk View SE 10-Client Bundle 1 $15,925.00 $15,925.00 5 Full SOW & Warranty 1 $125,000.00 $125,000.00 $167,369.61Total Mid-Coast Electric Supply, Inc. San Antonio, TX Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 12, 2021 SERVICE AGREEMENT NO. 100528 Storm Water SCADA System Upgrade THIS Storm Water SCADA System Upgrade Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Mid-Coast Electric Supply, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Storm Water SCADA System Upgrade in response to Request for Bid/Proposal No. 100528 (“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 Storm Water SCADA System Upgrade (“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 one year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Division, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $167,369.61, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 12, 2021 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Hector Leal IT Department Phone: 361-826-1935 HectorL@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: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 12, 2021 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 30 th 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: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 12, 2021 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: Hector Leal IT SCADA Manager 1201 Leopard Street, Corpus Christi, TX 78401 Phone: 361-826-1935 Fax: n/a IF TO CONTRACTOR: Mid-Coast Electric Supply, Inc. Attn: Frank Bettencourt Account Manager 3354 Nacogdoches Road, San Antonio, TX 78217 Phone: 210-655-8222 Fax: n/a 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, DocuSign Envelope ID: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 12, 2021 WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. DocuSign Envelope ID: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 12, 2021 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: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 100528 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 Account Manager Frank Bettencourt 3/19/2021 Page 1 of 2 ATTACHMENT A: SCOPE OF WORK Project Name: Storm Water SCADA System Upgrade Project Address: Kinney Street Pump Station, 301 S. Water St., Corpus Christi, TX 78401 and Power Street Pump Station, 1218 N. Water St., Corpus Christi, TX 78401 Background: The City has SCADA System in place for two (2) Storm Water Pump Stations that is no longer supported by the manufacturer and is no longer commercially available. The Storm Water SCADA System is a critical system that is used to control pump stations, collect data, provide monitoring, and provide status alarms. Scope of Work for the new Storm Water SCADA System Implementation: 1.PLC Control Cabinets – The Contractor shall deliver Fully Assembled Kinney Street and Power Street Storm Water Pumping Stations PLC Control Panels. 2.Control Cabinet Panel Fabrication and Installation– The Contractor shall remove/install control cabinet panel and reconnect field terminations. 3.PLC Programming – The Contractor shall program PLCs at each Storm Water Pump Station to meet City of Corpus Christi I.T. SCADA Department standards. 4.SCADA HMI Programming – The Contractor shall program SCADA HMIs at each Storm Water Pump Station to meet City of Corpus Christi I.T. SCADA Department standards. 5.SCADA Historian – The Contractor shalll configure the SCADA Historian with appropriate tags as identified by City of Corpus Christi I.T. SCADA Department. 6.Check-Out and Start-Up Services – The Contractor shall validate system functionality and performance. 7.The Contractor shall perform Factory Acceptance Testing and Site Acceptance Testing. 8.The Contractor shall provide Panel As-Builts and Project Documentation for both PLC Control Panels. 9.Software Support – includes 1 year support from Rockwell. 10. Hardware Support – includes 1 year support from Rockwell. DocuSign Envelope ID: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 Page 2 of 2 11. Rockwell Support Hours – Rockwell support is available Mon thru Fri, 8AM – 5PM CST. 12. Warranty Services for all electrical, panel work and programming will be for 180 days from date of completion. DocuSign Envelope ID: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 Mid-Coast Electric Supply, 3354 Nacogdoches Road San Antonio, TX 78217 Phone: (210)655-8222 Website: www.mcesi.com (v90r2) QUOTE Ship To: CITY OF CORPUS -water 2726 HOLLY ROAD BLDG. 3A SOLID WASTE FACILITIES MAINT. CORPUS CHRISTI, TX 78415 Bill To: 20361000 CITY OF CORPUS - WATER P O BOX 9277 STEVENS WATER TREATMENT PLAN CORPUS CHRISTI, TX 78469-9277 Placed by Ack Date Order # 03/06/21 1962203-00 PO #Page # KINNEY & PS SCADA 1 Instructions Terms Net 30 Ship Point Via Ship Date Mid-Coast Electric - CC Ln # Product and Description Quantity Ordered Quantity BO Quantity Shipped Qty U/M Unit Price Net Amount Customer CopyPage 1 of 1 QUOTE ************************************************************ ..............PROPOSAL VALID FOR 90 DAYS.................... ************************************************************ 3 AB-9701MVWSTNST20 2 2 each 5049.63 10099.26 FACTORY TALK VIEW SE 250 DISPLAY PERPETUAL 4 AB-9518MHSET10 1 1 each 13270.00 13270.00 FactoryTalk Historian SE Standard - 1 000 tags 5 AB-9701MVWSSPT30 1 1 each 3075.35 3075.35 FactoryTalk View Studio Enterprise 6 AB-9701MVWSSPT10 1 1 each 15925.00 15925.00 FactoryTalk View SE 10-Client Bundle 7 PLC/HMI PROGRAMMING 1 1 each 125000.00 125000.00 Full SOW & Warranty atta ched 5 Lines Total Qty Shipped Total 6 Total 167369.61 Invoice Total 167369.61 Attachment B: Bid/Pricing Schedule Page 1 of 1 DocuSign Envelope ID: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 Attachment C: 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 ERRORS & OMMISSIONS $1,000,000 Per Occurrence $1,000,000 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 WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part B of this Exhibit. $500,000/$500,000/$500,000 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 Page 1 of 3 DocuSign Envelope ID: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 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 Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. 5.Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 2 of 3 DocuSign Envelope ID: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 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 7-B IT Contracts - Software Support, Configuration, Implementation or Maintenance-Hardware Installation 06/08/2020 Risk Management – Legal Dept. Page 3 of 3 DocuSign Envelope ID: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 Attachment D: Warranty Requirements 1.Software Support – includes one-year support from Rockwell. 2.Hardware Warranty and Support – includes one-year support from Rockwell. 3.Rockwell Support – Rockwell support is available Mon thru Fri, 8AM – 5PM CST. 4.Warranty of Work Performed – All electrical and panel work performed by the Contractor shall be warrantied for 180 days from date of completion. Page 1 of 1 DocuSign Envelope ID: 637ACC6B-B8FB-4144-89B8-F114AB0DF489 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 30, 2021 DATE: March 30, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 David Lehfeldt, Director of Solid Waste davidl3@cctexas.com 361) 826-1966 Heather Hurlbert, Director of Finance & Business Analysis heatherh3@cctexas.com (361) 826-3227 CAPTION: Resolution rejecting the low bid of Thompson Construction & Consulting as non-responsive for failure to demonstrate the required experience by not filling out the Statement of Experience in the bid packet as a result of the company not having relevant experience in gas collection control system expansions and awarding a construction contract to Aptim Environmental & Infrastructure, LLC., Baton Rouge, Louisiana, to provide construction services for the expansion of the Cefe Valenzuela Landfill Gas Collection and Control System, located in Nueces County, in an amount not to exceed $398,395.00, with FY 2021 funding available from Landfill Capital Fund. SUMMARY: This resolution rejects the low bid of Thompson Construction & Consulting and approves a construction contract for the new expansion of the Gas Collection and Control System (GCCS) into cells 1B and 1C at the Cefe Valenzuela Landfill. This project will consist of installing vertical landfill gas extraction wells, header/lateral collection piping and condensate collection, and removal systems. The lowest bidder failed to provide evidence of the required experience directly related to construction of GCCS of similar size and scope. Therefore, the contract was awarded to Aptim Environmental & Infrastructure, LLC BACKGROUND AND FINDINGS: The Cefe Valenzuela Landfill is a municipal landfill, owned and operated by the City of Corpus Christi. The landfill is located in Nueces County near Petronila, Texas which is approximately 17 Construction Contract Cefe Valenzuela Landfill Gas Collection and Control System Lifecycle Improvements Cells 1B and 1C miles southwest of downtown Corpus Christi. The purpose of a landfill GCCS is to help manage odor and minimize gas releases into the atmosphere generated from the waste during decomposition. This is essential to manage the potential for public health impacts. The landfill currently contains an existing GCCS which was installed in 2017 and consists of a blower/flare facility, vertical extraction wells, and associated piping and condensate management system. The landfill is divided into 12 cells that vary in size, where waste is placed. Cells are partitions of the landfill of which waste is disposed into. There are currently seven active cells and the landfill will eventually have 12 cells at maximum waste capacity. Four of seven active cells have a GCCS installed and this item will expand installation of a GCCS to cells 1B and 1C. The Cefe Valenzuela Landfill, cells 1B and 1C, are required by the Environmental Protection Agency’s Federal New Source Performance Standards to have a GCCS fully constructed and operational by June 1, 2021. Waste within cells 1B and 1C will meet the five-year timeline requirement for installation this year. This project is for the installation of the GCCS within cells 1B and 1C, at Cefe Valenzuela Landfill to be connected to the existing GCCS. This project will consist of installing vertical landfill gas extraction wells, header/lateral collection piping and condensate collection, and removal systems. If the gas system is not expanded, the City will be deemed in violation of Federal and State regulations to control landfill gas emissions and in violation of the landfill’s air permit. The violations would be reported to the Texas Commission on Environmental Quality and the City would be subject to penalties and be required to expand the gas system to operate the landfill. PROJECT TIMELINE 2020 2021 J F M A M J J A S O N D J F M APRIL-MAY Design Bid/Award Construction Project schedule reflects City Council award in March 2021 with construction commencing April 2021. The anticipated completion is May 2021. COMPETITIVE SOLICITATION PROCESS: The Contracts and Procurement Department issued a Request for Bids for the proposed Cefe Valenzuela Landfill Gas Collection and Control System Lifecycle Improvements Cells 1B and 1C project. Bidders must have operated continuously for a minimum of five years as an established firm in providing landfill gas collection & control systems and list five similar projects, equal or greater magnitude (construction dollars or scope). On February 3, 2021, the City received bids for the project as provided below: CONTRACTOR BASE BID Aptim Environmental & Infrastructure, LLC $398,395 Thompson Construction & Consulting Inc $387,098* American Environmental Ltd. $522,450 *The lowest bidder was deemed non-responsive. The lowest bidder failed to provide evidence of the required experience directly related to construction of GCCS of similar size and scope. Therefore, the contract was awarded to Aptim Environmental & Infrastructure, LLC, Baton Rouge, LA. This is the first time Aptim will be working for the City. Aptim has experience directly related to landfill gas collection and control systems at a size/cost in excess or comparable to the City’s requirement. ALTERNATIVES: The alternative is to not award the construction contract to Aptim Environmental & Infrastructure, LLC. This option would not provide for improved safety nor meet the Federal regulation mandating installation of new Gas Collection Control System in new cells within five years of initial waste placement at the Cefe Valenzuela Landfill. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $398,395.00 with funding available from the Landfill Capital Fund. The expenditures shown in the CIP reflect estimates prior to completion of the engineer’s opinion of probable construction cost. The CIP fund has sufficient monies to cover the additional $83,395.00 required for project completion. To date, FY 2019 and 2020 expenditures total $86,126.26, therefore the CIP will be updated to reflect the available funds for this project. FUNDING DETAIL: The Capital Improvement Program (CIP) shows that the project is planned for FY 2021. The project is ready to be implemented and the expenditures shown reflect the CIP. Fund: Landfill2018TCO (Fund 3369) Mission Elem: Maintaining Solid Waste Facilities (031) Project No.: Cefe Valenzuela Landfill Gas Collection & Control System (19077A): Please reference project E16289 in the FY 2020-2021 Capital Budget. Account: Construction (550910) Activity: 19077-A-3369-EXP Amount: $398,395 RECOMMENDATION: Staff recommends awarding a construction contract to Aptim Environmental & Infrastructure, LLC. for the new expansion of the Gas Collection Control System into cells 1B and 1C, located at the Cefe Valenzuela Landfill with the construction duration planned for 45 days from issuance of the Notice to Proceed to begin construction in April 2021. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tab Contract Location and Vicinity Maps CIP Page Page 1 of 3 Resolution rejecting the apparent low bid of Thompson Construction & Consulting as non-responsive and awarding a construction contract to Aptim Environmental & Infrastructure, LLC., Baton Rouge, Louisiana, to provide construction services for the expansion of the Cefe Valenzuela Landfill Gas Collection and Control System, located in Nueces County, in an amount not to exceed $398,395.00, with FY 2021 funding available from Landfill Fund. WHEREAS, bids were opened on February 3, 2021, for the Cefe Valenzuela Landfill Gas Collection & Control System (“GCCS”) Lifecycle Improvements Cells 1B/1C (“Project”); and WHEREAS, Section 2, paragraph 2.3 Bid Requirements of the Bid Documents states: A. The Bidder must have operated continuously for a minimum of 5 years as an established firm in providing landfill gas collection & control systems. This experience must be outlined in the Statement of Experience Form provided in this RFB. D.1. Statement of Experience – Bidder agrees to provide a Statement of Experience with its bid to demonstrate the Bidder’s responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the requir ed information in the Statement of Experience may result in the Bid being considered non -responsive. WHEREAS, Section 00 45 16 Statement of Experience, paragraph 1.01 provides, “To be considered responsive, the Bidder must complete and submit the Statement of Experience to demonstrate the Bidders’ responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner.” WHEREAS, Section 00 45 16 Statement of Experience, paragraph 2.06.A requires the Bidder to: “Provide information on projects that have been awarded to the Organization in the last 5 years. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project.” WHEREAS, the apparent low bidder for the Project, Thompson Construction & Consulting (“Thompson”), failed to submit a completed Statement of Experience; and WHEREAS, Thompson failed to show satisfactory completion of at least five similar projects within the last five years that are equal to or greater in size and magnitude than the current project. WHEREAS, Section 3, paragraph 3.25 of the Bid Documents allows the Bidder to f ile a written notice of protest and request an informal hearing if the Bidder believes that an error was made during the evaluation of the Bid. Page 2 of 3 WHEREAS, an informal protest hearing was held with Thompson on Monday, March 1, 2021, and the Bidder’s experience was discussed . Although Bidder has experience working with various aspects of landfills, Bidder is not an established firm in providing landfill gas collection & control systems. WHEREAS, on March 5, 2021, Contracts and Procurement offered Thompson focused training on the City’s RFB process and bid preparation; WHEREAS, the Project must be fully constructed and operational no later than June 1, 2021, as the landfill is subject to Federal New Source Performance Standards for municipal solid waste landfills (40 CFR Part 60) and are subject to administrative penalties from the Texas Commission on Environmental Quality and Environmental Protection Agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid submitted by Thompson Construction & Consulting is rejected as non-responsive. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Aptim Environmental & Infrastructure of Baton Rouge, Louisiana as the lowest responsive, responsible bidder in the amount of $398,395 for the Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements Cells 1B/1C project . 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 _______________________ Page 3 of 3 ATTEST: CITY OF CORPUS CHRISTI _________________________ _________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor BID DATE: Wednesday, February 3, 2021 Design Engineer: SCS Engineers ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT A1 Mobilization (Maximum 5%)LS 1 $16,000.00 16,000.00$ 19,000.00$ 19,000.00$ 21,000.00$ 21,000.00$ A2 Bonds and Insurance AL 1 $9,300.00 9,300.00$ 8,600.00$ 8,600.00$ 4,500.00$ 4,500.00$ A3 Vertical LFG Extraction Wells (6-inch HDPE SDR 11 Pipe)VF 430 $170.00 73,100.00$ 110.00$ 47,300.00$ 152.00$ 65,360.00$ A4 Drilling Past Obstructions or Drilling less than 5 foot/hour HR 2 $700.00 1,400.00$ 520.00$ 1,040.00$ 650.00$ 1,300.00$ A5 Wellbore Abandonment VF 40 $60.00 2,400.00$ 35.00$ 1,400.00$ 50.00$ 2,000.00$ A6 Standard Wellhead Installation EA 13 $1,327.00 17,251.00$ 975.00$ 12,675.00$ 1,050.00$ 13,650.00$ A7 2-inch HDPE SDR 9 Air Supply Line (Common Pipe Trench)LF 1300 $4.00 5,200.00$ 2.00$ 2,600.00$ 3.25$ 4,225.00$ A8 3-inch HDPE SDR 11 Condensate Forcemain (Common Pipe Trench)LF 1300 $4.61 5,993.00$ 3.00$ 3,900.00$ 5.00$ 6,500.00$ A9 6-inch Diameter HDPE SDR 17 Lateral LF 1620 $28.00 45,360.00$ 26.00$ 42,120.00$ 43.00$ 69,660.00$ A10 8-inch Diameter HDPE SDR 17 Header LF 190 $35.00 6,650.00$ 31.00$ 5,890.00$ 54.00$ 10,260.00$ A11 18-inch Diameter HDPE SDR 17 Header LF 1100 $60.00 66,000.00$ 72.00$ 79,200.00$ 108.00$ 118,800.00$ A12 18-inch Header Isolation Valve (Gear Operated, Below-Grade)EA 1 $15,789.00 15,789.00$ 13,500.00$ 13,500.00$ 14,900.00$ 14,900.00$ A13 Tie-in to Existing 18-inch Header EA 2 $4,100.00 8,200.00$ 5,000.00$ 10,000.00$ 3,900.00$ 7,800.00$ A14 Tie-in to Existing 24-inch Header EA 1 $4,100.00 4,100.00$ 5,000.00$ 5,000.00$ 4,250.00$ 4,250.00$ A15 Tie-in to Existing 18-inch Blind Flange, 2-inch Air Supply Line, and 3-inch Condensate Forcemain (Below-Grade)EA 1 $4,100.00 4,100.00$ 3,500.00$ 3,500.00$ 7,000.00$ 7,000.00$ A16 Leachate Cleanout Connection (6-inch, Below-Grade)EA 6 $2,200.00 13,200.00$ 3,500.00$ 21,000.00$ 3,300.00$ 19,800.00$ A17 Leachate Cleanout Connection (12-inch, Below-Grade)EA 3 $2,200.00 6,600.00$ 4,000.00$ 12,000.00$ 3,000.00$ 9,000.00$ A18 Leachate Sump Connection (18-inch, Below-Grade)EA 5 $2,300.00 11,500.00$ 4,200.00$ 21,000.00$ 5,600.00$ 28,000.00$ A19 Existing Leachate Pump Retrofit EA 2 $3,000.00 6,000.00$ 4,000.00$ 8,000.00$ 5,000.00$ 10,000.00$ A20 6-inch Leachate Cleanout Improvement (Electrofusion Coupling and Blind Flange)EA 4 $875.00 3,500.00$ 400.00$ 1,600.00$ 950.00$ 3,800.00$ A21 6-inch Leachate Cleanout Improvement (Blind Flange)EA 1 $300.00 300.00$ 370.00$ 370.00$ 650.00$ 650.00$ A22 12-inch Leachate Cleanout Improvement (Blind Flange)EA 3 $385.00 1,155.00$ 1,000.00$ 3,000.00$ 815.00$ 2,445.00$ A23 18-inch Leachate Sump Improvement (Blind Flange)EA 2 $550.00 1,100.00$ 3,000.00$ 6,000.00$ 1,125.00$ 2,250.00$ A24 18-inch Leachate Sump Improvement (Electrofusion Coupling and Blind Flange)EA 3 $2,300.00 6,900.00$ 4,000.00$ 12,000.00$ 3,100.00$ 9,300.00$ A25 Seed, Mulch, and Fertilizer LS 1 $6,000.00 6,000.00$ 7,700.00$ 7,700.00$ 36,000.00$ 36,000.00$ A26 Allowance LS 1 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 387,098.00$ 398,395.00$ 522,450.00$ *Deemed Non-Responsive PART A - GENERAL TOTAL BASE BID - (PARTS A1 THRU A26) TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements Cells 1B / 1C Project No. 19077A RFB 3388 Aptim Environmental & Infrastructure, LLC. Baton Rouge, LA American Environmental Group, Ltd. Richfield, OH Thompson Construction & Consulting Inc.* Dayton, TX Page 1 of 1 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements Cells 1B/1C - Project 19077A CONTRACT NO. 3388 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 21-0242 Cefe GCCS CONTRACT DOCUMENTS FOR CONSTRUCTION OF Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements Cells 1B/1C E19077A SCS Engineers 1901 Central Drive, Suite 550/Bedford, TX/(817)571‐2288 November 12, 2020 Record Drawing Number SLF ‐ 140 CONFORMED SPECIFICATIONS DocuSign Envelope ID: A45F45FA-9E94-482E-84F8-025EA5E7C694 Table of Contents 00 01 00 ‐ 1 Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements ‐ Cells 1B/1C Project No. 19077A Rev 7/2020 00 01 00 TABLE OF CONTENTS Division / Section Title Division 00 Contracting Requirements 00 52 23 Agreement (Rev 8‐2019) 00 72 00 General Conditions (Rev 8‐2019) 00 73 00 Supplementary Conditions (Rev 8‐2019) Division 01 General Requirements 01 11 00 Summary of Work (Rev 10‐2018) 01 23 10 Alternates and Allowances (Rev 10‐2018) 01 29 01 Measurement and Basis for Payment (Rev 8‐2019) 01 33 01 Submittal Register (Rev 10‐2018) 01 50 00 Temporary Facilities and Controls (Rev 8‐2019) 01 57 00 Temporary Controls (Rev 8‐2019) Part T Technical Specifications 01052 Layout of Work and Surveys 01190 Health and Safety 02222 Excavation, Trenching, Backfilling, and Grading 02670 LFG Extraction Wells and Wellheads 02271 Seed, Mulch, and Fertilizer 15050 HDPE Pipe, Fittings, and Valves Drawings Drawings and Other Design Documents 1 Title Sheet 2 General Notes and Quantities 3 Existing Site Plan 4 Proposed Site Plan 5 GCCS Layout Plan 6 LFG Extraction Well Details 7 Well Schedule 8 Piping Details – 1 9 Piping Details – 2 10 Piping Details – 3 DocuSign Envelope ID: A45F45FA-9E94-482E-84F8-025EA5E7C694 Table of Contents 00 01 00 ‐ 2 Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements ‐ Cells 1B/1C Project No. 19077A Rev 7/2020 Division / Section Title 11 Leachate Cleanout/Riser Pictures END OF SECTION DocuSign Envelope ID: A45F45FA-9E94-482E-84F8-025EA5E7C694 Agreement 00 52 23 - 1 Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements - Cells 1B/1C Project No. 19077A Rev 7/2020 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Aptim Environmental & Infrastructure, LLC. (Contractor). Owner and Contractor agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements – Cells 1B/1C 19077A ARTICLE 2 – DESIGNER AND OWNER’S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: SCS Engineers 1901 Central Drive, Suite 550 Bedford, Texas, 76021 bdevries@scsengineers.com 2.02 The Owner’s Authorized Representative for this Project is: ARTICLE 3 – CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 45 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 75 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. 3.02 Liquidated Damages DocuSign Envelope ID: A45F45FA-9E94-482E-84F8-025EA5E7C694 Agreement 00 52 23 - 2 Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements - Cells 1B/1C Project No. 19077A Rev 7/2020 A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $2,000 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $2,000 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 – CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 398,395.00 ARTICLE 5 – PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. DocuSign Envelope ID: A45F45FA-9E94-482E-84F8-025EA5E7C694 Agreement 00 52 23 - 3 Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements - Cells 1B/1C Project No. 19077A Rev 7/2020 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner’s option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest-bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner’s option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR’s estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 – INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. DocuSign Envelope ID: A45F45FA-9E94-482E-84F8-025EA5E7C694 Agreement 00 52 23 - 4 Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements - Cells 1B/1C Project No. 19077A Rev 7/2020 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; and 2. Underground Facilities referenced in reports and drawings; E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor’s safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. DocuSign Envelope ID: A45F45FA-9E94-482E-84F8-025EA5E7C694 Agreement 00 52 23 - 5 Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements - Cells 1B/1C Project No. 19077A Rev 7/2020 M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER’S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 – ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor’s fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor’s Bid Form. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor’s response, which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award, which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. DocuSign Envelope ID: A45F45FA-9E94-482E-84F8-025EA5E7C694 Agreement 00 52 23 - 6 Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements - Cells 1B/1C Project No. 19077A Rev 7/2020 ARTICLE 10 – CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff __________________________ AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL ___________________________ Assistant City Attorney ATTEST (IF CORPORATION) CONTRACTOR Aptim Environmental & Infrastructure, LLC. (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: 4171 Essen Lane Address Baton Rouge LA 70809 City State Zip 419-424-4940 Phone Fax Gregory.cooper@aptim.com EMail END OF SECTION DocuSign Envelope ID: A45F45FA-9E94-482E-84F8-025EA5E7C694 Vice President-Finance DocuSign Envelope ID: A45F45FA-9E94-482E-84F8-025EA5E7C694 DocuSign Envelope ID: A45F45FA-9E94-482E-84F8-025EA5E7C694 37 37 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Cefe Valenzuela Landfill Gas Collection and Control System (Cells 1B/1C) LOCATION MAP NOT TO SCALE Project Number: 19077A VICINITY MAP NOT TO SCALE PROJECT LOCATION PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES County Rd. 20 County Rd. 57County Rd. 59County Rd. 61Cell 1C Cell 1B Cefe Valenzuela Landfill Gas Collection and Control System (Cells 1B/1C) AERIAL MAP NOT TO SCALE Project Number: 19077A PROJECT LOCATION &DSLWDO,PSURYHPHQW3ODQ &LW\RI&RUSXV&KULVWL7H[DV thru 'HVFULSWLRQ 7KLVSURMHFWLVUHTXLUHGE\WKH7H[DV&RPPLVVLRQRQ(QYLURQPHQWDO4XDOLW\DQG(QYLURQPHQWDO3URWHFWLRQ$JHQF\UHJXODWLRQVRQJUHHQKRXVH JDVHV7KH*&&6ZLOOFROOHFWODQGILOOJDVHVLQWRDFROOHFWLRQV\VWHPDQGWKHQIODUHWKHPWRSUHYHQWWKHPIURPHVFDSLQJLQWRWKHDWPRVSKHUHDQG KDUPLQJWKHR]RQHOD\HU 3URMHFW( 3ULRULW\&ULWLFDO+HDOWK 6DIHW\ -XVWLILFDWLRQ &RQVLVWHQF\ZLWKWKH&RPSUHKHQVLYH3ODQ 3ROLF\6WDWHPHQWVSJ 3URMHFWLVUHTXLUHGE\7H[DV&RPPLVVLRQRQ(QYLURQPHQWDO4XDOLW\ 7&(4 DQGVXFFHVVIXOFRPSOHWLRQRISURMHFWLQWLPHO\PDQQHUZLOODYRLG ILQHDQGSHQDOWLHVDVZHOODVSURWHFWHQYLURQPHQW %XGJHW,PSDFW2WKHU 7KHUHLVQRSURMHFWHGRSHUDWLRQDOLPSDFWZLWKWKLVSURMHFWDWWKLVWLPH$UHDVVHVVPHQWZLOOEHGRQHXSRQFRPSOHWLRQRISURMHFWWRGHWHUPLQHRQ JRLQJRUPDLQWHQDQFHFRVWV 8VHIXO/LIH \HDUV 3URMHFW1DPH &HIH9DOHQ]XHOD*DV&ROOHFWLRQ &RQWURO6\VWHP &DWHJRU\6LWH,PSURYHPHQWV 7\SH ,PSURYHPHQW$GGLWLRQV &RQWDFW 'LUHFWRURI6ROLG:DVWH 'HSDUWPHQW 6ROLG:DVWH 6WDWXV $FWLYH 7RWDO ([SHQGLWXUHV 2,878,2001,128,200 250,000 1,500,000&RQVWUXFWLRQ5HKDE 50,00050,000,QVSHFWLRQ 70,30070,300'HVLJQ 65,00015,000 50,000(QJLQHHULQJ6YF 1,128,200 70,300 315,000 1,550,000 3,063,5007RWDO 7RWDO )XQGLQJ6RXUFHV 3,063,5001,128,200 70,300 315,000 1,550,000&HUWLILFDWLRQRI2EOLJDWLRQ 1,128,200 70,300 315,000 1,550,000 3,063,5007RWDO 469 1901 Central Drive, Suite 550, Bedford, TX 76021 | 817-571-2288 | Fax 817-571-2188 \\bed-fs02\shares\Data\Projects\16219103.00\Bid Phase\Bids\L2021.2.9 Cefe_Cell 1B_1C Bid Evaluation.docx Environmental Consultants & Contractors February 9, 2021 Project No. 16219103.00 MEMORANDUM TO: Mr. Lj Francis, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 FROM: Brett DeVries, Ph.D., P.E., SCS Engineers SUBJECT: Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements Cells 1B/1C City Project No. 19077A RFB 3388 Bid Tabulation and Award Recommendation Dear Mr. Francis: SCS Engineers (SCS) is pleased to provide the City of Corpus Christi (City) our bid evaluation for Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements Cells 1B/1C. This bid evaluation is based on the bids and qualification statements provided to SCS by the City of Corpus Christi Engineering Services following the Bid Opening on February 3, 2021 for the referenced project. The following is a summary of the bid evaluation: A total of three (3) bids were received by the City at the bid opening. The three (3) bids ranged from $387,098.00 (low bid) to $522,450.00 (high bid), including a $50,000.00 allowance. For your review, a copy of the Bid Tabulation is provided in Attachment 1. Thompson Construction & Consulting, Inc. (Thompson) of Dayton, Texas is the apparent low bidder on the project. Thompson tendered a low bid of $387,098.00 for the referenced project. Although the project references in the statement of experience are landfill related, they do not appear to be directly related to landfill gas collection and control systems. In accordance with the contract documents (Section 2.3 – Bid Requirements), “The bidder must have operated continuously for a minimum of 5 years as an established firm in providing landfill gas collection & control systems.” In addition, SCS tried to get in contact with the references provided; however, we were either not able to make contact with the reference or the project owner had not heard of the referenced contact. As a result, it is not evident that Thompson has the capacity or 5 years experience to perform the work in accordance with the contract documents. Therefore, the City may want to consider rejecting the bid from Thompson and considering the second lowest bidder. Aptim Environmental & Infrastructure, LLC. (Aptim) of Baton Rouge, Louisiana is the second lowest bidder on the project. Aptim tendered a low bid of $398,395.00 for the referenced Mr. Lj Francis, P.E. February 9, 2021 Page 2 \\bed-fs02\shares\Data\Projects\16219103.00\Bid Phase\Bids\L2021.2.9 Cefe_Cell 1B_1C Bid Evaluation.docx project. SCS has contacted references submitted by Aptim, and the references gave overall good recommendations for their work on the respective construction projects. Therefore, based on the above bid evaluation, SCS recommends that the Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements Cells 1B/1C be awarded to Aptim Environmental & Infrastructure, LLC. for a total contract amount of $398,395.00. If you have any questions or need additional information regarding our bid evaluation, please feel free to contact us. Sincerely, Brett DeVries, Ph.D., P.E. Ryan Kuntz, P.E. Project Engineer Vice President / Satellite Office Manager SCS ENGINEERS SCS ENGINEERS Enclosures: Bid Tabulation \\bed-fs02\shares\Data\Projects\16219103.00\Bid Phase\Bids\L2021.2.9 Cefe_Cell 1B_1C Bid Evaluation.docx ATTACHMENT 1 BID TABULATION BID DATE: Wednesday, February 3, 2021Design Engineer: SCS EngineersITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNTA1Mobilization (Maximum 5%)LS 1 $16,000.00 16,000.00$ 19,000.00$ 19,000.00$ 21,000.00$ 21,000.00$ A2Bonds and InsuranceAL 1 $9,300.00 9,300.00$ 8,600.00$ 8,600.00$ 4,500.00$ 4,500.00$ A3Vertical LFG Extraction Wells (6‐inch HDPE SDR 11 Pipe)VF 430 $170.00 73,100.00$ 110.00$ 47,300.00$ 152.00$ 65,360.00$ A4Drilling Past Obstructions or Drilling less than 5 foot/hourHR 2 $700.00 1,400.00$ 520.00$ 1,040.00$ 650.00$ 1,300.00$ A5Wellbore AbandonmentVF 40 $60.00 2,400.00$ 35.00$ 1,400.00$ 50.00$ 2,000.00$ A6Standard Wellhead InstallationEA 13 $1,327.00 17,251.00$ 975.00$ 12,675.00$ 1,050.00$ 13,650.00$ A72‐inch HDPE SDR 9 Air Supply Line (Common Pipe Trench)LF 1300 $4.00 5,200.00$ 2.00$ 2,600.00$ 3.25$ 4,225.00$ A83‐inch HDPE SDR 11 Condensate Forcemain (Common Pipe Trench)LF 1300 $4.61 5,993.00$ 3.00$ 3,900.00$ 5.00$ 6,500.00$ A96‐inch Diameter HDPE SDR 17 LateralLF 1620 $28.00 45,360.00$ 26.00$ 42,120.00$ 43.00$ 69,660.00$ A108‐inch Diameter HDPE SDR 17 HeaderLF 190 $35.00 6,650.00$ 31.00$ 5,890.00$ 54.00$ 10,260.00$ A1118‐inch Diameter HDPE SDR 17 HeaderLF 1100 $60.00 66,000.00$ 72.00$ 79,200.00$ 108.00$ 118,800.00$ A1218‐inch Header Isolation Valve (Gear Operated, Below‐Grade)EA 1 $15,789.00 15,789.00$ 13,500.00$ 13,500.00$ 14,900.00$ 14,900.00$ A13Tie‐in to Existing 18‐inch HeaderEA 2 $4,100.00 8,200.00$ 5,000.00$ 10,000.00$ 3,900.00$ 7,800.00$ A14Tie‐in to Existing 24‐inch HeaderEA 1 $4,100.00 4,100.00$ 5,000.00$ 5,000.00$ 4,250.00$ 4,250.00$ A15Tie‐in to Existing 18‐inch Blind Flange, 2‐inch Air Supply Line, and 3‐inch Condensate Forcemain (Below‐Grade)EA 1 $4,100.00 4,100.00$ 3,500.00$ 3,500.00$ 7,000.00$ 7,000.00$ A16Leachate Cleanout Connection (6‐inch, Below‐Grade)EA 6 $2,200.00 13,200.00$ 3,500.00$ 21,000.00$ 3,300.00$ 19,800.00$ A17Leachate Cleanout Connection (12‐inch, Below‐Grade)EA 3 $2,200.00 6,600.00$ 4,000.00$ 12,000.00$ 3,000.00$ 9,000.00$ A18Leachate Sump Connection (18‐inch, Below‐Grade)EA 5 $2,300.00 11,500.00$ 4,200.00$ 21,000.00$ 5,600.00$ 28,000.00$ A19Existing Leachate Pump RetrofitEA 2 $3,000.00 6,000.00$ 4,000.00$ 8,000.00$ 5,000.00$ 10,000.00$ A206‐inch Leachate Cleanout Improvement (Electrofusion Coupling and Blind Flange)EA 4 $875.00 3,500.00$ 400.00$ 1,600.00$ 950.00$ 3,800.00$ A216‐inch Leachate Cleanout Improvement (Blind Flange)EA 1 $300.00 300.00$ 370.00$ 370.00$ 650.00$ 650.00$ A2212‐inch Leachate Cleanout Improvement (Blind Flange)EA 3 $385.00 1,155.00$ 1,000.00$ 3,000.00$ 815.00$ 2,445.00$ A2318‐inch Leachate Sump Improvement (Blind Flange)EA 2 $550.00 1,100.00$ 3,000.00$ 6,000.00$ 1,125.00$ 2,250.00$ A2418‐inch Leachate Sump Improvement (Electrofusion Coupling and Blind Flange)EA 3 $2,300.00 6,900.00$ 4,000.00$ 12,000.00$ 3,100.00$ 9,300.00$ A25Seed, Mulch, and FertilizerLS 1 $6,000.00 6,000.00$ 7,700.00$ 7,700.00$ 36,000.00$ 36,000.00$ A26AllowanceLS 1 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 387,098.00$ 398,395.00$ 522,450.00$ PART A ‐ GENERAL TOTAL BASE BID ‐ (PARTS A1 THRU A26)TABULATION OF BIDSCITY OF CORPUS CHRISTI, TEXAS ‐ CONTRACTS AND PROCUREMENTCefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements Cells 1B / 1C Project No. 19700ARFB 3388Aptim Environmental & Infrastructure, LLC.Baton Rouge, LAAmerican Environmental Group, Ltd.Richfield, OHThompson Construction & Consulting IncDayton, TXPage 1 of 1 CEFE LANDFILL AGENDA: 21-0242 BACKGROUND: The City went out to bid for Cefe Valenzuela Landfill Gas Collection and Control System Lifecycle Improvements to Cells 1B/1C. ISSUE(S): BID REQUIREMENTS Lowest Bidder left section 3 – statement of experience blank (See Attachment 1) which was outlined in RFB Requirements below: “The Bidder must have operated continuously for a minimum of 5 years as an established firm in providing landfill gas collection & control systems. This experience must be outlined in the Statement of Experience Form provided in this RFB.” ENGINEERING FIRM ANALYSIS SCS Engineers our design firm found Thompson did not demonstrate the required experience required within the RFB (See Attachment 2) and recommended awarding to second lowest bidder Aptim. NO LOCAL BIDDERS No submissions were received from any local firms. Thompson is a Texas company, Aptim is from Louisiana, and American is from Ohio. Note: Thompson did not attend the Pre-Bid Conference. BID OVERVIEW RFB 3388 Cefe Valenzuela Landfill Gas Collection & Control System (GCCS) Lifecycle Improvements Cells 1B/1C Project No. 19077A PROCUREMENT Type: RFB Released: 12.28.2020 Pre-Bid: 01.11.2021 Questions: 01.20.2021 Responses: 01.27.2021 Bids Due: 02.03.2021 @2pm $387K – Thompson Construction $389K – Aptim Environmental $522K – American Environmental 1 of 8 Prepared by Contracts & Procurement Attachment 1 2 of 8 Prepared by Contracts & Procurement 3 of 8 Prepared by Contracts & Procurement 4 of 8 Prepared by Contracts & Procurement 1901 Central Drive, Suite 550, Bedford, TX 76021 | 817-571-2288 | Fax 817-571-2188 \\bed-fs02\shares\Data\Projects\16219103.00\Bid Phase\Bids\L2021.2.9 Cefe_Cell 1B_1C Bid Evaluation.docx Environmental Consultants & Contractors February 9, 2021 Project No. 16219103.00 MEMORANDUM TO: Mr. Lj Francis, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 FROM: Brett DeVries, Ph.D., P.E., SCS Engineers SUBJECT: Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements Cells 1B/1C City Project No. 19077A RFB 3388 Bid Tabulation and Award Recommendation Dear Mr. Francis: SCS Engineers (SCS) is pleased to provide the City of Corpus Christi (City) our bid evaluation for Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements Cells 1B/1C. This bid evaluation is based on the bids and qualification statements provided to SCS by the City of Corpus Christi Engineering Services following the Bid Opening on February 3, 2021 for the referenced project. The following is a summary of the bid evaluation: A total of three (3) bids were received by the City at the bid opening. The three (3) bids ranged from $387,098.00 (low bid) to $522,450.00 (high bid), including a $50,000.00 allowance. For your review, a copy of the Bid Tabulation is provided in Attachment 1. Thompson Construction & Consulting, Inc. (Thompson) of Dayton, Texas is the apparent low bidder on the project. Thompson tendered a low bid of $387,098.00 for the referenced project. Although the project references in the statement of experience are landfill related, they do not appear to be directly related to landfill gas collection and control systems. In accordance with the contract documents (Section 2.3 – Bid Requirements), “The bidder must have operated continuously for a minimum of 5 years as an established firm in providing landfill gas collection & control systems.” In addition, SCS tried to get in contact with the references provided; however, we were either not able to make contact with the reference or the project owner had not heard of the referenced contact. As a result, it is not evident that Thompson has the capacity or 5 years experience to perform the work in accordance with the contract documents. Therefore, the City may want to consider rejecting the bid from Thompson and considering the second lowest bidder. Aptim Environmental & Infrastructure, LLC. (Aptim) of Baton Rouge, Louisiana is the second lowest bidder on the project. Aptim tendered a low bid of $398,395.00 for the referenced Attachment 2 5 of 8 Prepared by Contracts & Procurement Mr. Lj Francis, P.E. February 9, 2021 Page 2 \\bed-fs02\shares\Data\Projects\16219103.00\Bid Phase\Bids\L2021.2.9 Cefe_Cell 1B_1C Bid Evaluation.docx project. SCS has contacted references submitted by Aptim, and the references gave overall good recommendations for their work on the respective construction projects. Therefore, based on the above bid evaluation, SCS recommends that the Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements Cells 1B/1C be awarded to Aptim Environmental & Infrastructure, LLC. for a total contract amount of $398,395.00. If you have any questions or need additional information regarding our bid evaluation, please feel free to contact us. Sincerely, Brett DeVries, Ph.D., P.E. Ryan Kuntz, P.E. Project Engineer Vice President / Satellite Office Manager SCS ENGINEERS SCS ENGINEERS Enclosures: Bid Tabulation 6 of 8 Prepared by Contracts & Procurement \\bed-fs02\shares\Data\Projects\16219103.00\Bid Phase\Bids\L2021.2.9 Cefe_Cell 1B_1C Bid Evaluation.docx ATTACHMENT 1 BID TABULATION 7 of 8 Prepared by Contracts & Procurement BID DATE: Wednesday, February 3, 2021Design Engineer: SCS EngineersITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNTA1Mobilization (Maximum 5%)LS 1 $16,000.00 16,000.00$ 19,000.00$ 19,000.00$ 21,000.00$ 21,000.00$ A2Bonds and InsuranceAL 1 $9,300.009,300.00$ 8,600.00$ 8,600.00$ 4,500.00$ 4,500.00$ A3Vertical LFG Extraction Wells (6‐inch HDPE SDR 11 Pipe)VF 430 $170.0073,100.00$ 110.00$ 47,300.00$ 152.00$ 65,360.00$ A4Drilling Past Obstructions or Drilling less than 5 foot/hourHR 2$700.001,400.00$ 520.00$ 1,040.00$ 650.00$ 1,300.00$ A5Wellbore AbandonmentVF 40$60.002,400.00$ 35.00$ 1,400.00$ 50.00$ 2,000.00$ A6Standard Wellhead InstallationEA 13 $1,327.0017,251.00$ 975.00$ 12,675.00$ 1,050.00$ 13,650.00$ A72‐inch HDPE SDR 9 Air Supply Line (Common Pipe Trench)LF 1300$4.005,200.00$ 2.00$ 2,600.00$ 3.25$ 4,225.00$ A83‐inch HDPE SDR 11 Condensate Forcemain (Common Pipe Trench)LF 1300$4.615,993.00$ 3.00$ 3,900.00$ 5.00$ 6,500.00$ A96‐inch Diameter HDPE SDR 17 LateralLF 1620 $28.0045,360.00$ 26.00$ 42,120.00$ 43.00$ 69,660.00$ A108‐inch Diameter HDPE SDR 17 HeaderLF 190$35.006,650.00$ 31.00$ 5,890.00$ 54.00$ 10,260.00$ A1118‐inch Diameter HDPE SDR 17 HeaderLF 1100 $60.0066,000.00$ 72.00$ 79,200.00$ 108.00$ 118,800.00$ A1218‐inch Header Isolation Valve (Gear Operated, Below‐Grade)EA 1 $15,789.0015,789.00$ 13,500.00$ 13,500.00$ 14,900.00$ 14,900.00$ A13Tie‐in to Existing 18‐inch HeaderEA 2 $4,100.008,200.00$ 5,000.00$ 10,000.00$ 3,900.00$ 7,800.00$ A14Tie‐in to Existing 24‐inch HeaderEA 1 $4,100.004,100.00$ 5,000.00$ 5,000.00$ 4,250.00$ 4,250.00$ A15Tie‐in to Existing 18‐inch Blind Flange, 2‐inch Air Supply Line, and 3‐inch Condensate Forcemain (Below‐Grade)EA 1 $4,100.004,100.00$ 3,500.00$ 3,500.00$ 7,000.00$ 7,000.00$ A16Leachate Cleanout Connection (6‐inch, Below‐Grade)EA 6 $2,200.0013,200.00$ 3,500.00$ 21,000.00$ 3,300.00$ 19,800.00$ A17Leachate Cleanout Connection (12‐inch, Below‐Grade)EA 3 $2,200.006,600.00$ 4,000.00$ 12,000.00$ 3,000.00$ 9,000.00$ A18Leachate Sump Connection (18‐inch, Below‐Grade)EA 5 $2,300.0011,500.00$ 4,200.00$ 21,000.00$ 5,600.00$ 28,000.00$ A19Existing Leachate Pump RetrofitEA 2 $3,000.006,000.00$ 4,000.00$ 8,000.00$ 5,000.00$ 10,000.00$ A206‐inch Leachate Cleanout Improvement (Electrofusion Coupling and Blind Flange)EA 4$875.003,500.00$ 400.00$ 1,600.00$ 950.00$ 3,800.00$ A216‐inch Leachate Cleanout Improvement (Blind Flange)EA 1$300.00300.00$ 370.00$ 370.00$ 650.00$ 650.00$ A2212‐inch Leachate Cleanout Improvement (Blind Flange)EA 3$385.001,155.00$ 1,000.00$ 3,000.00$ 815.00$ 2,445.00$ A2318‐inch Leachate Sump Improvement (Blind Flange)EA 2$550.001,100.00$ 3,000.00$ 6,000.00$ 1,125.00$ 2,250.00$ A2418‐inch Leachate Sump Improvement (Electrofusion Coupling and Blind Flange)EA 3 $2,300.006,900.00$ 4,000.00$ 12,000.00$ 3,100.00$ 9,300.00$ A25Seed, Mulch, and FertilizerLS 1 $6,000.006,000.00$ 7,700.00$ 7,700.00$ 36,000.00$ 36,000.00$ A26AllowanceLS 1 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 387,098.00$ 398,395.00$ 522,450.00$ PART A ‐ GENERAL TOTAL BASE BID ‐ (PARTS A1 THRU A26)TABULATION OF BIDSCITY OF CORPUS CHRISTI, TEXAS ‐ CONTRACTS AND PROCUREMENTCefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements Cells 1B / 1C Project No. 19700ARFB 3388Aptim Environmental & Infrastructure, LLC.Baton Rouge, LAAmerican Environmental Group, Ltd.Richfield, OHThompson Construction & Consulting IncDayton, TXPage 1 of 18 of 8Prepared by Contracts & Procurement DATE: March 1, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond@cctexas.com (361) 826-3575 CAPTION: Resolution authorizing 12-month extension for Wastewater Collection Line Extension Construction and Reimbursement Agreement with Walker Holdings and Development, LLC to extend a 12-inch wastewater collection line for planned residential subdivision called Calallen South Unit 1 located on IH-69, south of Northwest Boulevard in Calallen. (District 1) SUMMARY: Walker Holdings and Development, LLC is required to construct 1,551 linear feet of 12-inch wastewater collection line to the applicant’s property from the existing sewer main line located in the city’s drainage easement north of the property in order to provide wastewater service for a planned residential subdivision named Calallen South Unit 1. The installation of the new wastewater utilities will extend service to the planned residential subdivision which includes 23.145 acres of undeveloped property. The developer has an approved reimbursement agreement and participation agreement to construction the required public improvements. The reimbursement agreement expires March 30, 2021. BACKGROUND AND FINDINGS: Walker Holdings and Development, LLC had requested, and was approved for, a Reimbursement Agreement for the extension of a 12-inch wastewater collection line to provide wastewater service to the property. The amount approved from the No. 4220 Sanitary Sewer Collection Line Trust Fund for reimbursement is $215,393.85. Walker Holdings and Development, LLC is requesting a 12-month performance date extension on the Wastewater Collection Line Construction and Reimbursement Agreement to March 30, 2022. This project is currently under construction. A me nd W a s tewater Collection Line Construction and Reimbursement Agreement with Walker Holdings to extend the expiration date. AGENDA MEMORANDUM Resolution for the City Council Meeting 3/30/2021 ALTERNATIVES: Deny the request. This may result in project delays or cancellation. FINANCIAL IMPACT: Sanitary Sewer Collection Line Trust Funds will not change with this addendum. The encumbered funds for these projects will remain encumbered and future public improvement projects should not be affected. The reimbursement agreement amount is for $215,393.85 and is currently encumbered in the Sanitary Sewer Collection Line Trust Funds. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff Recommends Approval of the extension of the agreement. The agreement is helping to facilitate the build out of a residential subdivision and associated infrastructure. LIST OF SUPPORTING DOCUMENTS: Resolution (with exhibits) Presentation Location Map Resolution authorizing 12 month extension for a Wastewater Collection Line Construction and Reimbursement Agreement not to exceed $215,393.85 for installation of a wastewater collection line, with Walker Holdings and Development, LLC for a planned residential development, Calallen South Unit 1, located on IH-69, south of Northwest Boulevard in Calallen. 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 12 month performance date extension to the Wastewater Collection Line Construction and Reimbursement Agreement for installation of a wastewater collection line (“Amendment”) attached hereto, with Walker Holdings and Development, LLC for a planned residential development, Calallen South Unit 1, located on IH-69, south of Northwest Boulevard in Calallen. 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 City Secretary Paulette M. Guajardo City Secretary Mayor Page 1 of 1 1 AMENDMENT OF WASTEWATAER COLLECTION LINE CONSTRUCTION AND REIMBURSMENT AGREEMENT This is an amendment to the Wastewater Collection Line Construction and Reimbursement Agreement, attached hereto as Exhibit A and made a part hereof, Document number 2020018806, originally dated March 26, 2020 by and between: Walker Holdings and Development, LLC and the City of Corpus Christi. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend Reimbursement Agreement, Sections 6 & 9(e) as follows: 6. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Collection Line, under the approved plans and specifications, by March 30, 2022. 9. DEFAULT. The following events shall constitute default: e. Developer/Owner's contractor fails to complete construction of the Collection Line, under the approved plans and specifications, on or before March 30, 2022. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this __ day of________________, 2021. CITY OF CORPUS CHRISTI WALKER HOLDINGS AND DEVELOPMENT ________________________ _________________________ Al Raymond III, CBO, AIA Lance Walker, Member / Vice President Director of Development Services APPROVED AS TO FORM: _______________________________ Buck Brice (date) Assistant City Attorney for the City Attorney Amendment to Agreement City Council March 30, 2021 Resolution to Amend Wastewater Collection Line Extension Construction and Reimbursement Agreement For Calallen South Unit 1 to Extend the Performance Date with Walker Holdings and Development, LLC 2 Location Map 3 Project Vicinity Map 4 Reimbursement Agreement Walker Holdings Development, LLC entered into Reimbursement Agreement on March 26, 2020 for a period of 12 months. The developer is required to install 1551 linear feet of 12-inch wastewater line and five (5) fiberglass manholes 5 foot in diameter. The total Reimbursement amount authorized in this agreement is $215,393.85. This is the first extension request for this agreement. The developer has stated that the required work outlined in agreement has started; however, is not completed due to the COVID-19 crisis in 2020. 5 Approval Staff recommends approval of the developer’s request to amend the performance date for the Wastewater Collection Line Construction and Reimbursement Agreement with Walker Holdings Development, LLC The extension of the reimbursement agreement is in accordance with Texas Local Government Code 212 and supports the Northwest Corridor development initiative. Recommendation DATE: March 16, 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: Resolution directing the City's Planning Department to prepare a service plan for the annexation of London Pirate Road (formerly County Road 33), north from Farm to Market Road (FM) 43 (Weber Road). SUMMARY: On August 11, 2020 the City entered an Interlocal Agreement with Nueces County for the reconstruction and annexation of London Pirate Road (CR 33) in the London area. The Interlocal Agreement outlined that Nueces County and the City of Corpus Christi would share the costs of improving the road with the City taking over ownership and maintenance. The road work has now been completed and the City can move forward with the annexation proceedings to fulfill the requirements of the Interlocal Agreement. State law requires cities to prepare a service plan for an area before it can be annexed. The Service Plan outlines how the city will provide services for the subject property. The Service Plan for London Pirate Road (CR 33) will be limited to services related to the roadway while most service plans are developed to include multiple different types of land uses. BACKGROUND AND FINDINGS: The joint City/County road project improved 2,200 linear feet of London Pirate Road (CR 33) from the intersection with FM 43 to the rear of the new London ISD Elementary School making it a two-lane road. The existing conditions of London Pirate Road (CR 33) are not adequate to support the school traffic and projected development in the area recently annexed by the City. Resolution Directing City Staff to Prepare a Service Plan for the – Annexation of London Pirate Road (formerly County Road (CR) 33), North from Farm to Market Road (FM) 43 (Weber Road) AGENDA MEMORANDUM Resolution for the City Council Meeting of March 30, 2021 This annexation will include the segment of London Pirate Road (CR 33) improved under the Interlocal Agreement and a portion north totaling 5,420 linear feet. The northern portion of London Pirate Road (CR 33) runs adjacent to a recently annexed residential development (London Towne Subdivision) and proposed Agape Ranch development. The City’s developer trust fund system recently helped pay for a wastewater lift station as part of the London Towne Subdivision, opening up approximately 1,000 acres immediately east and west of London Pirate Road (CR 33) to public sewer service making higher density single family development possible. Staff is expecting development of this area to continue with more annexations in the very near future. London Pirate Road (CR 33) will be the primary access point out to FM 43 (Weber Rd.). ALTERNATIVES: No alternatives were considered for this request. FISCAL IMPACT: There is no immediate financial/fiscal impact associated with this resolution. In the future the City will be responsible to fund the road maintenance. 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 direct staff to prepare the service plan for the annexation of London Pirate Road (CR 33). LIST OF SUPPORTING DOCUMENTS: Exhibit Map: London Pirate Road (County Road 33) Area Map Interlocal Agreement (Approved 8/11/20) Resolution Petition for Annexation 1 Resolution directing the City's Planning Department to prepare a service plan for the annexation of London Pirate Road (formerly County Road 33), north from Farm to Market Road (FM) 43 (Weber Road). WHEREAS, Nueces County has portioned the City requesting annexation London Pirate Road (County Road 33) in pursuant to Interlocal Agreement for reconstruction and annexation of County Road 33; and WHEREAS, Texas Local Government Code §43.065 requires the City Council to direct its planning department to prepare a service plan that provides for the extension of full municipal services to the area to be annexed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Planning Department is directed to prepare a service plan that provides for the extension of full municipal services to the area to be annexed pursuant to Nueces County’s petition for annexation of London Pirate Road (County Road 33). 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 Service Layer Credits: Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong ), Esri Ko re a, Esri (Thailand), NGCC , (c) OpenStree tMap con tributors, and the GIS User Community FM 43 Annexation Area3.733 Acre LONDON PIRATE ROADLegend Annexation Area Road Centerline City Limits City of Corpus Christi ¯ 0 1,250 2,500625Feet1 in ch = 1,0 00 feet Print Date: 03/18/2021 Exhibit B: Annexation Area = 3.733 acres !Annexation Area Anne xation Area is London Pirate Rd ROW from FM 43, North to the NE corner of the London Towne Subdivision. This alignment of ROW includes a segment already contained within the City limits. The assumption of area associated with the London Pirate Rd ROW is based upon the presumed centerline of the existing roadway and a 30 ROW width. 3 , 8. 3, COUNTY ROAD 33 WIDENING PROJECT INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI & NUECES COUNTY THE STATE OF TEXAS § COUNTY OF NUECES THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ("City"), a Texas municipal corporation and home-rule city, acting by and through its duly authorized City Manager or designee upon authorityofitsgoverningbody, the Corpus Christi City Council and NUECES COUNTY, TEXAS County"), acting by and through its duly authorized County Judge or designee upon authorityofitsgoverningbody, the NUECES COUNTY COMMISSIONERS COURT, pursuant to and inaccordancewiththeprovisionsofChapter791, as amended, Texas Government Code. WITNESSETH WHEREAS,for the mutual benefit of the parties and the residents of the City and County, the City and County desire reconstruction of County Road 33 to widen to 20 feet base material where right of way permits ("Project,"); WHEREAS, Texas Government Code Section 791.028 authorizes the City and County to enter into this Agreement; WHEREAS, the County has expressed an interest in reconstructing and widening county road 33; and WHEREAS, the City has expressed an interest in contributing to construction and annexing County Road 33. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the City and the County do agree as follows: AGREEMENT SECTION 1. PURPOSE FOR PARTICIPATION. For the mutual benefit of the parties and the residents of the City of Corpus Christi and Nueces County, Texas, City and County desire to outline the terms by which each party will contribute to the Project. SECTION 2. OBLIGATIONS OF CITY AND COUNTY. For and in consideration of the covenants and agreements of the parties set forth herein, City and County agree to participate in the reconstruction and widening of the 2,200 linear feet of County Road 33, starting from Farm to Market Road 43 northerly. 1 of 4 SCANNED 20200260-7/15 1) Funding. City agrees to pay $185,500 to the County for construction costsassociatedwiththereconstructionandwideningofCountyRoad33, starting at FM 43 northly 2,200 linear feet to the width of 20 feet base material where right-of way permits. 2) Construction. The County will reconstruct 2,200 linear feet of County Road 33 north of FM 43. The County will construct County Road 33 to the width of 20 feet base material where right-of way permits. County will construct County Road 33 to City specification for City Rural roads. (8" base with 2 course chip seal) 3) Payment Dates. County shall invoice City for$185,500 upon completion of the 2,200 linear feet of County Road 33 at 20 feet wide base material. City will pay County within 30 days from the date of receipt of County's invoice. SECTION 3. ACCEPTED PUBLIC STREETS AT TIME OF ANNEXATION BY CITY. The City will maintain and repair County Road 33 north of FM 43 at the time of annexation by the City. SECTION 4. ANNEXATION The City agrees to annex County Road 33 north of FM 43 upon completion of reconstruction. County agree to petition and consents to annexation of County Road 33 north of FM 43 per Texas Government Code § 43.1055. SECTION 5. TERM OF AGREEMENT. The term of this Agreement shall be from the date signed and authorized by the parties until final completion of the Project. This Agreement may be extended upon written agreement of the parties; however the parties hereby agree to automatically extend this Agreement beyond the Term for as long as necessary if delays or problems in the Project occur. SECTION 6. MISCELLANEOUS. a) Payments. Any payment made by either party hereto for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the County and City as required by Chapter 791, Texas Government Code, or any other manner permitted by law, as permitted by and in accordance with Section 791.028, as amended, Texas Government Code. b) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either County or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. c) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. 2 of 4 d) Written Amendment. This Agreement may be amended only by written instrument duly executed on behalf of each party. The authorized representatives may execute minor amendments without obtaining prior approval from their respective governing bodies if the minor amendment would change neither the amounts nor the responsibilities agreed to by either party under this original Agreement. e) Notices. All notices required or permitted must be in writing and will be deemed delivered when actually received or, if earlier, on the fifth business day (5th)following deposit in a United States Postal Service post office or receptacle with proper postage affixed, certified mail, return receipt requested, addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have prescribed by notice to the sending party. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: CITY COUNTY City of Corpus Christi Nueces County Attn: Director, Engineering Services Attn: County Engineer 1201 Leopard St., 3rd floor 901 Leopard St. Corpus Christi, Texas 78401 Corpus Christi, Texas 78401 w/ copy to: w/ copy to: Richard Martinez Barbara Canales Director of Public Works/Streets County Judge PO Box 1541 /1201 Leopard, 901 Leopard Room 303 Corpus Christi, Texas 78401 Corpus Christi, Texas 78401 f) Non-Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. g) Successors. This Agreement shall bind and benefit the parties and their legalsuccessors. This Agreement does not create any personal liability on the part of any officer or agent of the City of Corpus Christi, or any officer, agent or employee of the City, or any County Commissioner, officer, agent or employee of the County. h) No Waiver of Immunity. No party waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, agents and representatives as a result of its executing this Agreement and performance of its covenants. i) No Third Party Beneficiaries. No provision of this Agreement is intended or may be construed to confer upon or give to any person or entity other than the signatories to this Agreement any rights, remedies or other benefits under or by reason of this Agreement. 3 of 4 IN WITNESS HEREOF, the City and County have made and executed this Agreement. CITY OF •RPUS CRISTI NUECES COUNTY, TEXAS 7) pNE S .' de P/ 2.01......) 6,../( z (12.__________ .z.-4,:- 5.... ......,_,,,,, Dat:; '• G "s Richard Martin!'; Date Bar•ara Canales p: ; Director of Public Works/Streets CCou Lty Judge U1 ) fr i ; n1 AU I NU c-<\---i. ATTEST: CESsycoumea..2.:0 C„ .. ' EGRL36€1"A:\ elf--ae— HIAL14+ Reb cca Huerta Date Kara Sands Date City Secretary 8/3 t / County Clerk Approved as to Form: A P(/&Ce f ii City Attorney County Attorn:a / 1,1mAi„, 4 of 4 20200260-7/15 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 30, 2021 DATE: March 30, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Motion awarding a construction contract to Western Specialty Contractors, Selma, Texas, to perform maintenance repairs on the seawall extending from McGee Beach to the Barge Dock , located in Council District 1, in an amount of $1,098,504.60, with FY 2021 funding available from the Seawall System Capital Fund. SUMMARY: This motion approves a construction contract for the concrete surface repairs as required for maintenance of the existing seawall structure extending from McGee Beach to the Barge dock; Most repairs are minor and consistent with maintenance procedures typical of seaside structures. The repairs include those to the Mirador concrete structures, including the Selena Memorial, repairs to the retaining wall structures, and there is an allowance provided for drinking water fountain repairs at Mirador 1, installation of handrails, and painting the top steps. BACKGROUND AND PURPOSE: The Corpus Christi Seawall was originally constructed from 1939 to 1942. With the initiation of the Seawall Maintenance sales and use tax, a major project to repair the Seawall was completed in 2007 to address structural deterioration that had accumulated since the original construction. Those projects had a total cost of $43.4 million and were intended to extend the economic life by at least 50 years. This project is intended to address minor maintenance issues and prevent more rapid deterioration. The funding programmed in the CIP is to address routine maintenance issues. This project will perform the maintenance repairs to the seawall (approximately 9,300-feet) and the eight Mirador concrete structures that are along the seawall including the Selena Memorial. The scope of the project includes concrete surface repairs, joint repairs, re-painting the top step of the seawall, skate stop installation on top step along length of seawall, replace drinking water fountain at Miradors 5 and 8 and other minor work required to preserve the condition of the seawall. The project also includes repairs to the eight Mirador concrete structures, the Selena Memorial; and repair of the retaining wall structures at the intersections of Coopers Alley, Lawrence Street T-Head, Construction Contract Award Seawall Capital Repairs Re-Bid and Peoples Street T-Head and installation of stainless-steel handrails at Lawrence St and Peoples Street T-Head stairs. Most repairs are minor and consistent with routine maintenance of concrete marine structures. An allowance is provided to install new drinking water fountain repairs at Mirador 1. PROJECT TIMELINE: The project will begin construction in April 2021 with anticipated completion by September 2021. COMPETITIVE SOLICITATION PROCESS This project was previously advertised for bids in February 2020. On March 04, 2020, City received bids from two bidders. The bids were reviewed and rejected due to the non- responsiveness of the lowest bidder. The project was advertised for re-bids in December 2020. On January 20, 2021, City received bids from four bidders. The City analyzed the bids in accordance with the contract documents and determined Western Specialty Contractors is the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Western Specialty Contractors Selma, TX $1,098,504.60 JEC Construction LLC. Corpus Christi, TX $1,312,335.00 Digg Commercial LLC AUSTIN, TX $2,046,073.00 Structural Preservation Systems, LLC DEER PARK, TX $2,664,390.00 Engineer’s opinion of probable construction cost $1,513,322.00 Western Specialty Contractors is a specialty contractor in masonry, concrete, waterproofing, and façade restoration. Some of the projects they have worked on is concrete repairs and coatings, exterior restoration, and waterproofing for clients such as the Diocese of Corpus Christi , the Ed Rachal Foundation, the Mayan Princess in Port Aransas, and other projects in the Corpus Christi area. This project will be their first time working with the City of Corpus Christi. ALTERNATIVES: The alternative is not to award the construction contract to the low-bidder, Western Specialty Contractors. The Seawall will continue to deteriorate if the maintenance repairs are not made and will result in major repairs in the future. This would also conflict with Type A Board goal to maintain the seawall. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of $1,098,504.60 with funding available from the Seawall CIP Fund. The FY 2021 CIP expenditures shows $1,000,000 for preliminary construction cost and $300,000 for contingency. The CIP shows a construction expenditure shortfall of $98,504.60. The shortfall expenditures will be funded from the contingency funds of the project. FUNDING DETAIL: The Capital Improvement Program (CIP) shows that the project is planned for FY 2021. Fund: Seawall System CIP Fund (Fund 3271) Mission Element: Economic Development (ME #707) Project No.: Seawall Capital Repairs (Project #E17041) Account: Construction Contract (Account #550910) Activity: E17041-01-3271-EXP Amount: $1,098,504.60 RECOMMENDATION: City staff recommends awarding construction contract to Western Specialty Contractors for the Seawall Capital Repairs in the amount of $1,098,504.60 with construction duration planned for 160 days from issuance of the Notice to Proceed with construction starting April 2021. LIST OF SUPPORTING DOCUMENTS: Location Maps Approved for Construction Drawings Professional Services Contracts Proposal ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A1 Mobilization and Setup (Maximum 5%)LS 1 46,000.00$ 46,000.00$ 20,000.00$ 20,000.00$ 100,000.00$ 100,000.00$ 41,960.00$ 41,960.00$ A2 Bonds and Insurance AL 1 20,000.00$ 20,000.00$ 23,000.00$ 23,000.00$ 35,000.00$ 35,000.00$ 126,880.00$ 126,880.00$ A3 Storm Water Pollution Prevention Plan with Best Management Practices EA 1 21,000.00$ 21,000.00$ 1,900.00$ 1,900.00$ 12,000.00$ 12,000.00$ 26,020.00$ 26,020.00$ A4 Storm Water Pollution Prevention Devices EA 1 46,000.00$ 46,000.00$ 14,800.00$ 14,800.00$ 24,000.00$ 24,000.00$ 4,880.00$ 4,880.00$ A5 Temporary Traffic Control Plan and Prep LS 1 32,000.00$ 32,000.00$ 5,700.00$ 5,700.00$ 12,000.00$ 12,000.00$ 2,710.00$ 2,710.00$ A6 Temporary Traffic Control Mobilization/Adjustments LS 1 30,000.00$ 30,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 11,560.00$ 11,560.00$ A7 Temporary Traffic Control Items (Barrels, Cones, Etc.)LS 1 21,000.00$ 21,000.00$ 6,300.00$ 6,300.00$ 22,500.00$ 22,500.00$ 7,800.00$ 7,800.00$ 216,000.00$ 85,700.00$ 219,500.00$ 221,810.00$ B1 Container for Debris (40yd)LS 1 18,000.00$ 18,000.00$ 4,600.00$ 4,600.00$ 6,093.00$ 6,093.00$ 16,240.00$ 16,240.00$ B2 Type A Repair - Minor Spalling CF 212 360.00$ 76,320.00$ 600.00$ 127,200.00$ 825.00$ 174,900.00$ 550.00$ 116,600.00$ B3 Type B Repair - Honey Combing CF 141 310.00$ 43,710.00$ 620.00$ 87,420.00$ 870.00$ 122,670.00$ 330.00$ 46,530.00$ B4 Type C Repair - Major Spalling CF 187 435.00$ 81,345.00$ 350.00$ 65,450.00$ 1,500.00$ 280,500.00$ 570.00$ 106,590.00$ B5 Type D Repair - Crack Sealant LF 18,100 5.70$ 103,170.00$ 10.00$ 181,000.00$ 14.00$ 253,400.00$ 20.00$ 362,000.00$ B6 Type E Repair - Expansion Joint Replacement LF 5,600 16.00$ 89,600.00$ 33.00$ 184,800.00$ 45.00$ 252,000.00$ 50.00$ 280,000.00$ B7 Type F Repair - Epoxy Injection LF 3,250 30.00$ 97,500.00$ 40.00$ 130,000.00$ 84.00$ 273,000.00$ 100.00$ 325,000.00$ B8 Painting of L-Head and T-Head Retaining Walls SF 8,500 1.70$ 14,450.00$ 5.00$ 42,500.00$ 9.00$ 76,500.00$ 10.00$ 85,000.00$ B9 Stainless Steel Handrails at Lawrence St & Peoples St T-Head Stairs EA 7 7,000.00$ 49,000.00$ 8,000.00$ 56,000.00$ 7,000.00$ 49,000.00$ 23,100.00$ 161,700.00$ B10 Painting of Seawall Top step and Sidewalk LF 9,170 9.25$ 84,822.50$ 9.50$ 87,115.00$ 10.00$ 91,700.00$ 60.00$ 550,200.00$ B11 Install Skate Stops on Top Step along Length of Seawall LF 9,170 13.63$ 124,987.10$ 15.00$ 137,550.00$ 13.00$ 119,210.00$ 30.00$ 275,100.00$ B12 Replace Drinking Fountain at Miradors 5 & 8 EA 2 3,300.00$ 6,600.00$ 10,500.00$ 21,000.00$ 9,800.00$ 19,600.00$ 5,660.00$ 11,320.00$ B13 Replace Benches at Seawall EA 5 3,000.00$ 15,000.00$ 6,600.00$ 33,000.00$ 6,000.00$ 30,000.00$ 5,660.00$ 28,300.00$ B14 Allowance A - New Drinking Foundation & Water Service Repair at Mirador 1 AL 1 13,000.00$ 13,000.00$ 13,000.00$ 13,000.00$ 13,000.00$ 13,000.00$ 13,000.00$ 13,000.00$ B15 Allowance B - Unanticipated Repairs AL 1 65,000.00$ 65,000.00$ 65,000.00$ 65,000.00$ 65,000.00$ 65,000.00$ 65,000.00$ 65,000.00$ 882,504.60$ 1,235,635.00$ 1,826,573.00$ 2,442,580.00$ PART A - GENERAL (Items A1 thru A7) PART B - SEAWALL, MIRADOR & RETAINING WALL REPAIRS (Items B1 thru B15) BID DATE: January 20, 2021 TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Lois Hinojosa Completion: 160 Cal Days DESIGN ENGINEER: Munoz Engineering, LLC. RFB 2891 SEAWALL CAPITAL REPAIRS E17041 RE-BID Western Specialty Contractors JEC Construction LLC BASE BID 9468 Corporate Dr 7505 UP RIVER ROAD Digg Commercial LLC 1405 S FM 973 SELMA, TX 78154 CORPUS CHRISTI, TEXAS 78409 PART A - GENERAL AUSTIN, TEXAS 78725 TOTAL BASE BID 1,098,504.60$ 1,321,335.00$ SUBTOTAL PART A - GENERAL (Items A1 thru A7) PART B - SEAWALL, MIRADOR & RETAINING WALL REPAIRS SUBTOTAL PART B - SEAWALL, MIRADOR & RETAINING WALL REPAIRS (Items B1 thru B15) BID SUMMARY 219,500.00$ 1,826,573.00$ 2,046,073.00$ 216,000.00$ 85,700.00$ 882,504.60$ 1,235,635.00$ 2,664,390.00$ Structural Preservation Systems, LLC 1003 Clay Court DEER PARK, TEXAS 77536 221,810.00$ 2,442,580.00$ Page 1 of 1 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT SEAWALL CAPITAL REPAIRS RE-BID PROJ. NO. E17041 CONTRACT NO. 2891 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 21-0355 Seawall Capital Repairs Re-Bid Agreement 00 52 23 - 1 Seawall Capital Repairs (Type A Fund) – Project No. E17041 Rev 7/2020 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Western Specialty Contractors (Contractor). Owner and Contractor agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Seawall Capital Repairs (Type A) Fund Project No. E17041 ARTICLE 2 – DESIGNER AND OWNER’S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Engineering, LLC 1608 S. Brownlee Blvd Corpus Christi, Texas 78404, rmunoz@munozengrg.com Note to Specifier: City will complete paragraph 2.02 upon award of contract. 2.02 The Owner’s Authorized Representative for this Project is: Brett Van Hazel, PMP – Asst. Director of Construction City of Corpus Christi – Engineering Services 4917 Holly Road, Bldg. #5 Corpus Christi, TX 78411 ARTICLE 3 – CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 160 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 190 days after the date when the Contract Times commence to run. DocuSign Envelope ID: 0DD63B65-9D85-4E54-BA85-C7375C35CCB5 Agreement 00 52 23 - 2 Seawall Capital Repairs (Type A Fund) – Project No. E17041 Rev 7/2020 B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $800 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 – CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 1,098,504.60 DocuSign Envelope ID: 0DD63B65-9D85-4E54-BA85-C7375C35CCB5 Agreement 00 52 23 - 3 Seawall Capital Repairs (Type A Fund) – Project No. E17041 Rev 7/2020 ARTICLE 5 – PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner’s option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner’s option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR’s estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 – INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. DocuSign Envelope ID: 0DD63B65-9D85-4E54-BA85-C7375C35CCB5 Agreement 00 52 23 - 4 Seawall Capital Repairs (Type A Fund) – Project No. E17041 Rev 7/2020 ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor’s safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract DocuSign Envelope ID: 0DD63B65-9D85-4E54-BA85-C7375C35CCB5 Agreement 00 52 23 - 5 Seawall Capital Repairs (Type A Fund) – Project No. E17041 Rev 7/2020 Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER’S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 – ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor’s fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor’s Bid Form. b. List as necessary. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor’s response, which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award, which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. DocuSign Envelope ID: 0DD63B65-9D85-4E54-BA85-C7375C35CCB5 Agreement 00 52 23 - 6 Seawall Capital Repairs (Type A Fund) – Project No. E17041 Rev 7/2020 ARTICLE 10 – CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff __________________________ AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL ___________________________ Assistant City Attorney ATTEST (IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: 9468 Corporate Drive Address Selma, Texas 78154 City State Zip 210-912-4948 Phone Fax Email END OF SECTION DocuSign Envelope ID: 0DD63B65-9D85-4E54-BA85-C7375C35CCB5 DanW@westerngroup.com Western Specialty contractors 2103402267 Branch Manager DocuSign Envelope ID: 0DD63B65-9D85-4E54-BA85-C7375C35CCB5 DocuSign Envelope ID: 0DD63B65-9D85-4E54-BA85-C7375C35CCB5 P O R T CHAPARRALSHORELI NEP A R K BROADWAY A N T E L O P E L I P A N F U R M A NTANCAHUALAREDO B R E W S T E R B U F O R D BURNSH A N C O C KKINGWACOLIPAN SEAWALL CAPITAL REPAIRS Location Map CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXASDEPARTMENT OF ENGINEERING SERVICES Project PROJECT NO. E17041 . McGee Beach P O W E R BARGE DOCK P E O P L E 'S LAWRENCE COOPERS ALLEY Holiday Inn Emerald Beach Mirador #8 Mirador #7 Mirador #6 Mirador #5 Selena Memorial Mirador #4 Mirador #3 Mirador #2 Mirador #1 Legend: Seawall Capital Improvement Plan City of Corpus Christi, Texas 2019 2023 thru Description The Corpus Christi Seawall was originally constructed from 1939 to 1942. With initiation of the Seawall Maintenance sales and use tax, a major project was completed in 2007 ($43.4 million) to address advanced levels of deterioration of the Seawall system. Funding levels programmed in the CIP are anticipated to address routine maintenance issues. Subsequent major reconstruction is scheduled after expiration of current one- eighth cent sales and use tax. Design and Construction contracts will be issued to address needed repairs this FY. Project #E17041 Justification Consistency with the Comprehensive Plan: Policy Statements pg. 48: 3 & 6 Budget Impact/Other There is no operational impact with this project. Useful Life 40 years Project Name Seawall Capital Repairs Category Site Improvements Type Reconditioning-Asset Longevit Contact Director of Engineering Priority 2 Critical- Asset Condition\longe Department Health & Safety Other Status Active Total2019 2020 2021 2022 2023Expenditures 3,208,90017,300 991,600 1,000,000 200,000 1,000,000Construction/Rehab 50,00050,000Inspection 150,000150,000Design 300,000300,000Contingency 17,300 991,600 1,500,000 200,000 1,000,000 3,708,900Total Total2019 2020 2021 2022 2023Funding Sources 3,708,90017,300 991,600 1,500,000 200,000 1,000,000Type A/B Sales Tax 17,300 991,600 1,500,000 200,000 1,000,000 3,708,900Total 486 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 30, 2021 DATE: March 30, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 David Lehfeldt, Director of Solid Waste davidl3@cctexas.com 361) 826-1966 Heather Hurlbert, Director of Finance & Business Analysis heatherh3@cctexas.com (361) 826-3227 CAPTION: Motion awarding a professional services contract to Risa Weinberger & Associates, Inc., Dallas, TX, to provide conceptual design, process design, and permitting services for a new Solid Waste Compost Facility, located in Council District 3, in an amount not to exceed $126,508.00, with FY 2021 funding available from the Landfill Capital Fund. SUMMARY: This motion awards a professional services contract to provide conceptual design, process design, and permitting services for a new Solid Waste Compost Facility. This contract represents Phase 1 of work including conceptual design and permitting to develop the new compost facility. Phase 2 will include recommendations for the design, bid, and construction of the facility. BACKGROUND AND FINDINGS: The J.C. Elliot Landfill and Transfer Station has been in operation since the 1970s and is located on approximately 158-acres of City property. The Corpus Christi community utilizes the landfill and transfer station for waste disposal. Due to increasing customer demand for operations and composting, the J.C. Elliot Landfill has outgrown its facilities and existing space for new usage is limited. The Solid Waste Department has proposed the development of a Solid Waste Facility Complex to meet both the City’s and residents’ growing needs. The proposed Solid Waste Facility Complex consists of three major projects: a new administration building, a new transfer station (including consolidated fueling and parking for the transfer and collection fleets), and a new compost facility. City staff has achieved Professional Services Contract Solid Waste Compost Facility several important milestones in the development of this project, including City Council approval in August 2020 to purchase 92 acres of farmland adjacent to the current J.C. Elliott Transfer Station (an ideal location to consolidate Solid Waste Department operations), Request for Qualification solicitation, and selection of professional engineers for the design of the new administration building, transfer station, and compost facility projects. Currently, Corpus Christi does not have the capacity to process organic solid waste materials that can be diverted from landfilling through composting. Typically, approximately half of municipal waste that is landfilled can potentially be recycled as compost material if segregated appropriately. Processing select organic waste by manufacturing compost would prolong the life of the City’s landfill. A composting program utilizing the available wastewater sludge, yard waste, food waste, ground brush, and other feedstock would divert an estimated 120,000 cubic yards of raw mixed organic materials per year to composting, thereby conserving valuable landfill space for non-composted materials. The new facility will require a “Registration Tier” authorization by the Texas Commission for Environmental Quality (TCEQ). To achieve the requirements mentioned, this project will be completed in two phases. Phase 1 will entail conducting an analysis of the site to determine its composting capacity after considering the land requirements necessary for the operation of the transfer station, administration building, and fleet services complex. Phase 1 will include development of a conceptual process and facility design, appropriate for TCEQ authorization. This phase of the project will include TCEQ authorization of the composting facility operation, stormwater permitting and authorization of an ongoing compost refund from TCEQ. This also will include the opinion of probable costs and is estimated to be completed in four months. Phase 2 of the project will be presented to Council at a future date this year. Phase 2 will include development of detailed plans and specifications for construction, construction cost estimate, construction bid administration and construction phase services. The design for the transfer station, administration building, and fleet services complex will be presented to Council later this year. PROJECT TIMELINE The projected preliminary schedule reflects City Council award in March 2021, with conceptual design, process design, and permitting completion anticipated in January 2022. The project schedule is dependent on timely issuance of Notice to Proceed and is based on estimated time periods for TCEQ review and response. Phase 2 will commence after completion of Phase 1. COMPETITIVE SOLICITATION PROCESS: Risa Weinberger & Associates, Inc. was selected for the Professional Engineering Service in August 2020 under RFQ 3222, and the Solid Waste Compost Facility was the only project announced in the RFQ. Three firms submitted qualifications for this project announcement. The selection committee was comprised with representatives from the Solid Waste Department, Public Works Department, and Engineering Services Department. The final evaluation ranked Risa Weinberger & Associates, Inc. the highest scorer and recommended the firm as most qualified based five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience in solid waste including work supporting composting, landfills, recycling and hauling, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance on projects of similar size and scope. Risa Weinberger & Associates, Inc. is an environmental engineering firm with over 17 years of specialized experience in solid waste and composting. Risa Weinberger, P.E., the Project Manager and lead engineer for composting has over 40 years of specialized experience in solid waste and composting. Some of the recent projects include composting, landfills, recycling and hauling, permitting, design, feasibility, market analysis, and training program development and implementation for this type of professional services. This project will be their first time working with the City of Corpus Christi. ALTERNATIVES: The alternative is to not approve the proposed professional services agreement; however, the new compost facility is an approved project in the Solid Waste Department CIP for FY 2021 and it will cause a delay in the development of the new Solid Waste Facility Complex and new Compost Facility if this professional services agreement is not approved. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $126,508.00, with funding available from the Landfill Capital Fund. FUNDING DETAIL: The Capital Improvement Program (CIP) shows the project is planned for FY 2021. Fund: Landfill 2018TCO (Fund 3369) Mission Elem: Maintaining Solid Waste Facilities (031) Project: Solid Waste Compost Facility (Project No. 20288): Please reference project 21007 in the FY 2020-2021 Capital Budget Account: Outside Consultants (550950) Activity: 20288-3369-EXP Amount: $126,508.00 RECOMMENDATION: City staff recommends award of the professional services contract in the amount of $126,508 to Risa Weinberger & Associates, Inc. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Contract 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES VICINITY MAP NOT TO SCALE SOLID WASTE COMPOST FACILITY LOCATION MAP NOT TO SCALE PROJECT NUMBER: 20288 PROJECT LOCATION PROJECT LOCATION N EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SOLID WASTE COMPOST FACILITY AERIAL MAP NOT TO SCALECROSSTOWNGREENWOOD DR.AYERS ST.J.C.ELLIOT LANDFILL PROJECT NUMBER: 20288 PROJECT LOCATION CABANIS FIELD NOLF Contract for Professional Services Page 1 of 11 Revised February 2020 SERVICE AGREEMENT NO. 3222 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 20288 - Solid Waste Compost Facility 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 Risa Fisher & Associates Inc. dba Risa Weinberger & Associates , Inc. 5501 Bryan Street Suite 200 Dallas TX 75206 (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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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. DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD Contract for Professional Services Page 3 of 11 Revised February 2020 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II – QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III – COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $126,508.00. 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. DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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). DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD Contract for Professional Services Page 5 of 11 Revised February 2020 4.2 The term of this Agreement will be for a period of six years beginning on the effective date, unless extended by authority of the City Manager or designee. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant’s ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant’s ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, “completion of the Project” refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V – OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI – INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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. DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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. DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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 DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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 DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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. DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD Contract for Professional Services Page 11 of 11 Revised February 2020 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, the Consultant’s response to the Request for Qualifications related to this project, or in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI RISA FISHER & ASSOCIATES INC. DBA RISA WEINBERGER & ASSOCIATES ____________________________________ _____________________________________ Michael Rodriguez Date Risa Weinberger Date Chief of Staff 5501 Bryan Street Dallas, Texas 75206 214-729-7071 risa@risawassoc.com APPROVED AS TO LEGAL FORM: ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52 2/23/2021 DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 2/23/2021 Risa Weinberger & Associates, Inc. January 29, 2021 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Subject: Proposal for Project 20288 – Engineering Services for Solid Waste Composting Facility to be located near the existing City Transfer Station Dear Mr. Edmonds: The enclosed proposal provides a Scope of Services, Manhour and Fee Estimate, Project Schedule and List of Deliverables for engineering services associated with process design, permitting and associated services required for the development of a new composting facility. These services will be referred to as Phase 1 of the project. The complete project for engineering services includes the services generally described above as well as design for construction, bid administration and construction-phase services. However, the information submitted at this time describes only Phase 1 of the project. It is not possible to develop a detailed Scope of Services for Phase 2, consisting of design, bid and construction phase services until after the conceptual design, process design and permitting are more fully developed. Therefore, a detailed Scope of Services, Manhour and Fee Estimate, Project Schedule and List of Deliverables will be provided to you for Phase 2 near the completion of Phase 1. We propose to complete Phase 1 of the project under the terms of a Lump Sum contract for a fee not to exceed $126,508 for the Scope of Services described in this submittal. Thank you for the opportunity to submit this supporting documentation associated with preliminary design and permitting services for a new composting facility for the city of Corpus Christi. Please do not hesitate to contact me at any time if you would like to discuss the project further. Sincerely, Risa Weinberger & Associates, Inc. Risa Weinberger Principal Phone: 214-729-7071 Email: Risa@RisaWAssoc.com www.risawasoc.com DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD Scope of Services and Deliverables (Phase 1) Engineering Services for Solid Waste Composting Facility Project 20288 Project Overview It is the intention of the City of Corpus Christi (City) to develop a composting facility adjacent to the existing Municipal Solid Waste (MSW) Transfer Station, that will be capable of processing yard waste, municipal wastewater treatment sludge, food residuals and other feedstocks appropriate for the “Registration Tier” of authorization by the Texas Commission for Environmental Quality (TCEQ). The proposed composting facility will be one part of a new Solid Waste facility complex being developed on a 92- acre tract of land recently acquired by the City and located adjacent to the existing J.C. Elliott Landfill and Transfer Station. The other components of the complex will include a new enclosed three-bay transfer station, a new administration building, and a fleet services facility that will include parking for Solid Waste Department fleet vehicles and a fueling facility that includes gasoline, diesel and compressed natural gas. This project includes only the composting facility; the other components of the complex, although being co-located on the same property, are being developed through a separate process. The intent is to enable the processing of approximately 120,000 tons per year of mixed organics including approximately 40,000 wet tons of sludge if possible given any identified site constraints. Site constraints/location restrictions will be identified outside the scope of this project, prior to commencement of this project. This project will entail determining the capacity of the available land, considering the requirements of the operation of the transfer station, administration building, and fleet services complex. The available area for composting will be determined based on the results of a constraints analysis which will be addressed outside the scope of this project and prior to its initiation. Following identification of the area for composting, the engineering team will identify a composting process and process layout prior to preparing documents to be submitted to the TCEQ for a Registration-Tier composting authorization. To enable the City of Corpus Christi to take advantage of the opportunity for refund of part of the landfill surcharge that it currently pays to the TCEQ for tons disposed at its landfill, the application for a composting Registration will include an application for a Composting Refund. The project includes Stormwater permitting, including a Construction-phase Stormwater Pollution Prevention Plan (SW3P), and coverage under the Multi-Sector General Permit for Industrial Activities (MSGP) which may entail a Spill Prevention Control and Countermeasures Plan (SPCCP). The ultimate Scope of Services authorized under this contract will encompass not only the Scope of Services broadly described above, but will also encompass detailed design for construction, bid assistance and construction-phase services. However, it is not possible to define the cost and extent of design, bid and construction activities until after the process, facility and operations are developed under this Phase 1. Near the completion of Phase 1, described herein, the project team will provide a Scope of Services, manhour and fee estimate, project schedule, and list of deliverables associated with Phase 2 for review and approval by the City. DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD Scope and Deliverables Page 2 Scope of Services Task 1 – Data Collection Risa Weinberger, P.E. will conduct one site visit and meet with City staff to gather and discuss information including the following items. • Site constraints and available area for use as a composting facility • Design approaches to address any identified site constraints • Available and projected feedstock quantities and characteristics • Existing and proposed composting equipment • Proposed product marketing plan envisioned by City staff • Anticipated equipment maintenance and petrochemical storage requirements anticipated to support the facility operations • Co-located activities and facilities Task 1 Deliverable: Project Understanding Memo Task 2 – Conceptual Design and Layout Given site constraints, requirements of co-located activities and regulatory requirements, the project team will define a processing footprint and develop a layout for all composting activities. Based on an agreed list of processing equipment and compost process developed in conjunction with City staff, the team will develop a process layout designed to support efficient materials management and maximize throughput. The team will calculate anticipated facility capacity given basic operations assumptions. The result of this activity will be definition of a facility layout and process that will support preparation of an application for a TCEQ MSW authorization for composting at the Registration level. Concurrent with facility and process layout, the project team will develop a basic drainage plan including a grading concept designed to allow efficient operations with minimal periods of inactivity due to normal weather events. The facility layout will address conceptual erosion and sedimentation control such as would be required under the terms of stormwater permitting under the Texas Pollution Discharge Elimination System general permitting requirements. It is assumed that a topographic map and a property survey are available and provided by City staff. Task 2 Deliverable: Conceptual Design Memo and Supporting Graphics Task 3 – TCEQ MSW Composting Facility Registration Application (30TAC§332 Subchapter C) This task entails development of a draft Registration application for review by City staff, an initial submittal to TCEQ for administrative review, a submittal to TCEQ for technical DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD Scope and Deliverables Page 3 review and a final submittal to TCEQ which, when approved, will be made available to the public. The following are elements of the Registration Application. • Process Diagram and Description • Staffing Plan • Equipment Plan • Security Plan • Feedstock Screening Procedures • Site Operating Plan • Fire Prevention and Control Plan • Windblown Materials Management Plan • Vector Control Procedures • Product Quality Assurance and Quality Control Plan • Equipment Failure Operations Procedures • Discussion of Product Material Grade • Materials Testing and Reporting Plan • Facility Closure Plan, Closure Cost Estimate and Financial Assurance Documents • Location Restrictions (from Constraints Analysis not included in this Scope) • Core Data Form • Notice of Intent to Operate a Composting Facility Form 1 • Notice of Intent to Operate a Composting Facility Form 2&3 Combined (form, legal description, map and list of adjacent landowners, other attachments as required) This task entails one trip to present and discuss the Draft Registration application with City Staff, addressing concerns and recommendations of City Staff, addressing Administrative Notice of Deficiencies by TCEQ, and addressing Technical Notice of Deficiencies by TCEQ. Task 3 Deliverables: 1. Draft Registration 2. Registration for Administrative Review by TCEQ 3. Registration for Technical Review by TCEQ 4. Final Registration Document Task 4 – Composting Refund (30TAC§330 Subchapter P) After conferring with City staff, he project team will prepare for submittal to TCEQ an application for refund of 15% of the landfill surcharge that the City pays to TCEQ for landfilled waste. It is assumed that the City does not intend to ban yard waste from disposal at the landfill. This task includes the following activities. • Equipment list and ownership, lease or contracted designation • Equipment usage and utilization rate • Equipment capitalization and operations/maintenance costs • Labor utilization and cost • Method of equipment cost recapture • Compost processing plan • Compost beneficial use plan DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD Scope and Deliverables Page 4 • Recordkeeping and reporting requirements for compost processing and costs Task 4 Deliverables: Composting Refund Application Task 5 – Stormwater Permitting The project team will prepare draft and final versions of the following documents. • Storm Water Pollution Prevention Plan (SW3P) for construction phase services • SW3P under Multi-Sector General Permit for Industrial Activities including Spill Prevention Control and Countermeasures Plan (SPCCP) if required Task 5 Deliverables: SW3Ps and SPCCP Task 6 – Project Management and Quality Control The project team will ensure that appropriate quality control reviews are performed prior to finalizing all deliverables. Project Management will entail monitoring budget and schedule conformance with monthly or more often communication with City staff regarding status. Invoices will be submitted monthly. It is anticipated that 4 manhours per month will be devoted to project management for the duration of the project. Task 6 Deliverables: Monthly invoices and brief reports of the status of budget, schedule and any unanticipated developments during the preceeding month The following are the anticipated project schedule, and manhour and fee calculation. Billing rates reflected in the manhour and fee calculation are valid through 2021. DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD Anticipated Project Schedule DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 1 Rev 01/20 EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 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. 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 PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must 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. DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 2 Rev 01/20 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 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 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” or “provide.” F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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 Risa Weinberger & Associates, Inc. 5501 Bryan Street Dallas 75206 X DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD 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. Risa Weinberger President February 11, 2021 DocuSign Envelope ID: 3A70C5B0-6B7D-43F2-BD4E-A426B05A7C52DocuSign Envelope ID: 23A46F78-6297-49D5-819E-3106295830AD &DSLWDO,PSURYHPHQW3ODQ &LW\RI&RUSXV&KULVWL7H[DV thru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ngieering Services for Soild Waste Compost Facility Proposal Evaluation Risa Weinberger & Hanson Smith Gardner Tetra Tech MINIMUM QUALIFICATIONS (PASS/FAIL)Pass Pass Pass Licensing/Certification No material lawsuits during last 5 years No material regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (50 PTS)47.8 34.0 30.0 Firms' Experience (15 pts)14.6 9.8 9.4 Team's Experience (15 pts)14.2 10.4 9.4 Understanding of Project Scope (20 pts)19.0 13.8 11.2 INTERVIEW (50 PTS)49.6 36.0 30.6 Firms' Experience (15 pts)14.6 11.6 9.2 Team's Experience (15 pts)15.0 11.8 9.4 Understanding of Project Scope (20 pts)20.0 12.6 12.0 Total 97.4 70.0 60.6 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 30, 2021 DATE: March 30, 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 construction contract to Associated Construction Partners, Ltd., Boerne, Texas, for the Allison W astewater Treatment Plant Lift Station and Plant Improvements upgrades to the lift station, aeration basins, clarifiers, effluent filter, disinfection system, aerobic digester, pre- and post-thickeners, belt press building, and a new blower-electrical control room building, located in Council District 1, in an amount of $17,745,523.13, with FY 2021 funding available from the Wastewater Capital Fund. SUMMARY: This motion approves a construction contract for the Allison Wastewater Treatment Plant (WWTP) Lift Station and Plant Improvements. The project provides for upgrades to the lift station, aeration basins, clarifiers, effluent filter, disinfection system, aerobic digester, pre- and post-thickeners, belt press building, and a new blower-electrical control room building. BACKGROUND AND FINDINGS: The Allison WWTP is one of six wastewater treatment plants that the City owns and operates. The Allison WWTP serves the Calallen area and a significant portion of the Northwest area of Corpus Christi. The Allison WWTP is located along the Nueces River at the end of Allison Road. It was originally constructed in 1965 as a two million gallons per day (MGD) average daily flow capacity and was expanded in 1984 to its current capacity of five MGD. The Allison WWTP is over 30 years old and the plant equipment is very antiquated making the replacement parts for Construction Contract Award Allison Wastewater Treatment Plant Lift Station and Plant Improvements equipment very difficult to find. Maintenance and upkeep projects have been performed over the years to improve treatment quality, but the existing electrical and mechanical equipment are beyond their service life and are failing. This is affecting plant operations and safety of the plant operators. Additionally, some of the buildings and concrete structures are also in need of repairs. This project scope includes the listed below critical upgrades and replacement of deteriorated equipment at the Allison WWTP. Allison Plant Lift Station upgrade: Convert from wet pit/dry pit type to submersible lift station and provide new odor control unit. West Aeration Basins upgrades: Convert the treatment from activated sludge to the Integrated Fixed Activated Sludge process and replace isolation gates, valves and weirs. East Aeration Basins upgrades: Replace isolation gates, stairs, valves, weirs and convert to fine bubble aeration. Final Clarifiers replacement: Replace existing scraper equipment completely with trough type hydraulic differential equipment. New Waste Activated Sludge (WAS)Pumps: Add WAS pumps at the Clarifiers to draw off and waste solids to the digestive system. Remove existing WAS airlift pumps from Aeration Basins. Effluent Filter upgrade: Remove existing equipment and convert to cloth media type filter to match that provided at the White Cap WWTP. Chlorine Contact Chamber upgrades: Remove existing inoperable drain valves and provide new drain valves with electric actuators. New Disinfection System: Replace existing chemical tanks and replace existing vacuum tube disinfection system with new peristaltic pumping system. Aerobic Digester upgrades: Clean out basins, replace airbridge supports and refurbish aeration system. Pre and Post Thickeners upgrades: Replace existing scraper equipment and scum baffles in both units. Belt Press Building upgrades: Replace polymer system, refurbish existing building and provide new gravity drain system for filtrate to the Plant Lift Station. New Blower-Electrical Control Room (ECR) Building: Construct new Blower-ECR Building to house the five new geared turbo blowers and two multi-stage centrifugal blowers. A climate controlled Electrical Control Room will be provided in this building to house all the new electrical gear. Maintenance Building Rehabilitation: Remove existing 1984 blowers and air piping and convert this building to the Maintenance Building. The proposed improvements will maintain the plants current processing capacity of five MGD, with a two-hour peak flow of 15 MGD. PROJECT TIMELINE: 20 23 D J F M A M J J A S O N D J F M A M J J A S O N D J 2021 Bid/ Award Construction 2022 Project schedule reflects City Council award in March 2021 with anticipated completion in January 2023. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids. On January 27, 2021, the City received bids from four bidders. The City analyzed the bids in accordance with the contract documents and determined Associated Construction Partners, Ltd. is the lowest responsive and responsible bidder. Associated Construction Partners, Ltd. has successfully completed numerous City utility projects since 2012 including Greenwood WWTP 2011 Improvements, Greenwood WWTP Lift Station Force Main, and Laguna Madre WWTP Headworks and Bar Screen Improvements. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Associated Construction Partners, Ltd. $17,745,523.13 Reytec Construction Resources, Inc. $18,251,000.00 CSA Construction $18,347,000.00 Garney Companies, Inc. $18,428,363.13 Engineer’s Opinion of Probable Construction Cost $13,758,439.13 ALTERNATIVES: The alternative is not to award the construction contract to the low-bidder, Associated Construction Partners, Ltd. This would delay improvements to the wastewater treatment plant and create more costly maintenance in the future. Not awarding the construction contract would also cause TCEQ permit violations and fees. FISCAL IMPACT: Currently, the FY 2021 CIP does not have the complete construction budget of $17,745,523.13. The project will be funded over a two-year period. The FY 2021 CIP has an amount of $7,000,000.00 in total with funding available from the Wastewater Capital Fund. The initial budgeted cost estimate was $3,545,523.13 below the FY 2022 CIP budgeted amount and the FY 2022 budgeted amount will be adjusted from $7,200,000 to $10,745,523.13.00 during the FY 2022 annual budget process. FUNDING DETAIL: The funds for this project will be certified each fiscal year. For FY 2021, $7,000,000.00 will be certified with the passage of this motion, $10,745,523.13 will be budgeted and certified with FY 2022 Capital Budget. Fund: Wastewater 2021 CIP (Fund 4258) Mission Elem: Wastewater Collection System (042) Project: Allison WWTP Lift Station Upgrade and Process Improvements (Project No. E10043) Account: Construction (550910) Activity: E10043-01-4258-EXP Amount: $17,745,523.13 Year 1: $ 7,000,000.00 Year 2: $ 10,745,523.13 RECOMMENDATION: Staff recommends awarding the construction contract for the Allison WWTP Lift Station and Plant Improvements project to Associated Construction Partners, Ltd., in the amount of $17,745,523.13. The construction duration is planned for 21 months from issuance of the Notice to Proceed to begin construction in April 2021. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Contract 37 77 37 37 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES LOCATION MAP NOT TO SCALE Project Number: E10043 VICINITY MAP NOT TO SCALE PROJECT LOCATION ALLISON WWTP LIFT STATION AND PLANT IMPROVEMENTS PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES ALLISON WWTP LIFT STATION AND PLANT IMPROVEMENTS AERIAL MAP NOT TO SCALE Project Number: E10043 PROJECT LOCATION NUECES RIVER ALLISON RD. CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT ALLISON WWTP LIFT STATION AND PLANT IMPROVEMENTS PROJ. NO. E10043 CONTRACT NO. 3207 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 21-0940 Allison WWTP Lift Sta. & Plt Impr Agreement 00 52 23 - 1 Allison WWTP Lift Station and Plant Improvements – Project No. E10043 Rev 7/2020 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Associated Construction Partners, Ltd. (Contractor). Owner and Contractor agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Allison WWTP Lift Station and Plant Improvements Project No: E10043 ARTICLE 2 – DESIGNER AND OWNER’S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Urban Engineering TBPE Firm No. 145 2725 Swantner Corpus Christi, TX 78404 markm@urbaneng.com 2.02 The Owner’s Authorized Representative for this Project is: Brett Van Hazel, PMP – Asst. Director of Construction City of Corpus Christi – Engineering Services 4917 Holly Rd., Bldg #5 Corpus Christi, TX 78411 ARTICLE 3 – CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 600 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 630 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. DocuSign Envelope ID: 25BA57CE-0CC7-4958-8B42-FC586737D365 Agreement 00 52 23 - 2 Allison WWTP Lift Station and Plant Improvements – Project No. E10043 Rev 7/2020 C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 750 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $ 400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 – CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 17,745,523.13 ARTICLE 5 – PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. DocuSign Envelope ID: 25BA57CE-0CC7-4958-8B42-FC586737D365 Agreement 00 52 23 - 3 Allison WWTP Lift Station and Plant Improvements – Project No. E10043 Rev 7/2020 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner’s option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner’s option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR’s estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 – INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. DocuSign Envelope ID: 25BA57CE-0CC7-4958-8B42-FC586737D365 Agreement 00 52 23 - 4 Allison WWTP Lift Station and Plant Improvements – Project No. E10043 Rev 7/2020 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor’s safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. DocuSign Envelope ID: 25BA57CE-0CC7-4958-8B42-FC586737D365 Agreement 00 52 23 - 5 Allison WWTP Lift Station and Plant Improvements – Project No. E10043 Rev 7/2020 L. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER’S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 – ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor’s fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor’s Bid Form. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor’s response, which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award, which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. DocuSign Envelope ID: 25BA57CE-0CC7-4958-8B42-FC586737D365 Agreement 00 52 23 - 6 Allison WWTP Lift Station and Plant Improvements – Project No. E10043 Rev 7/2020 ARTICLE 10 – CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff __________________________ AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL ___________________________ Assistant City Attorney ATTEST (IF CORPORATION) CONTRACTOR Associated Construction Partners, Ltd. (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: 215 W. Bandera Road, Ste. 114-461 Address Boerne Texas 78006 City State Zip 210-698-8714 N/A Phone Fax jill@acpartners.org EMail END OF SECTION DocuSign Envelope ID: 25BA57CE-0CC7-4958-8B42-FC586737D365 President 2/21/2021 00 30 01 BID FORM Project Name:Allison WWTP Lift Station and Plant Improvements Project Number:E10043 City of Corpus ChristiOwner: OAR: Urban EngineeringDesigner: By its signature below, Bidder accepts all of the terms and conditions of the Bid Acknowledgement, acknowledges receipt of all Addenda to the Bid and agrees, if this Bid is accepted, to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. (full legal name of Bidder)Bidder:Associated Construction Partners, Ltd. (signature of person with authority to bind the Bidder)Signature: (printed name of person signing Bid Form)Name:Jill Simpson (title of person signing Bid Form)Title:President (signature)Attest: State of Residency: Texas Federal Tx ID No. 26-2197773 Address for Notices: 215 w Bandera Rd., ste. ii4-46i Boerne, TX 78006 Email: jill@acpartners.orgPhone: 210-698-8714 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 1 OF 2 00 30 01 - Page 1 of 2 Rev 8/2019 Bid Form Allison WWTP Lift Station and Plant Improvements - Project No. E10043 DocuSign Envelope ID: 25BA57CE-0CC7-4958-8B42-FC586737D365 BID TOTALS BASE BID Total General $1,195,000.00 Site Improvements $131,394.00 Wastewater Plant Improvements $16,419,129.13 Total $17,745,523.13 General No.Description Unit Qty Unit Price Ext Price A1 Mobilization (Max 5%)LS 1 $843,000.00 $843,000.00 A2 Bonds and Insurance AL 1 $215,000.00 $215,000.00 A3 Allowance for Unanticipated Work AL 1 $100,000.00 $100,000.00 A4 Allowance for City Building Permit AL 1 $7,000.00 $7,000.00 A5 Allowance for AEP Cost AL 1 $30,000.00 $30,000.00 Subtotal: $1,195,000.00 Site Improvements No.Description Unit Qty Unit Price Ext Price B1 8" Limestone Base for Concrete Pavement SY 500 $30.00 $15,000.00 B2 6" Thick Concrete Pavement SY 500 $160.00 $80,000.00 B3 6" Concrete Block Curb LF 290 $22.00 $6,380.00 B4 New Concrete Sidewalk SF 244 $13.50 $3,294.00 B5 7' Tall Chainlink Fence LF 153 $40.00 $6,120.00 B6 Pipeline Trench Safety LF 112 $50.00 $5,600.00 B7 Structure Trench Safety LS 1 $15,000.00 $15,000.00 Subtotal: $131,394.00 Wastewater Plant Improvements CIVCAST ALLISON WWTP LIFT STATION & PLANT IMPROVEMENTS Report Created On: 1/27/21 9:47:11 PMDocuSign Envelope ID: 25BA57CE-0CC7-4958-8B42-FC586737D365 No.Description Unit Qty Unit Price Ext Price C1 Wastewater Plant Improvements (All work for the improvements included in the Contract Documents that are no specifically describes in another Bid Item) LS 1 $11,000,000.00 $11,000,000.00 C2 Plant Lift Station Control of Flow Pumping and Piping LS 1 $400,000.00 $400,000.00 C3 Submersible Pumps (Pre-Selected and as described in Spec 1E24) LS 1 $363,120.00 $363,120.00 C4 Effluent Filter Equipment (Pre-Selected and as described in Spec 1E24) LS 1 $1,115,644.00 $1,115,644.00 C5 Dewatering Press Equipment (Pre- Selected and as described in Spec 1E24) LS 1 $962,000.00 $962,000.00 C6 Aeration Control System (Pre-Selected and as described in Spec 1E24) LS 1 $296,365.13 $296,365.13 C7 Electrical Improvements LS 1 $2,282,000.00 $2,282,000.00 Subtotal: $16,419,129.13 CIVCAST ALLISON WWTP LIFT STATION & PLANT IMPROVEMENTS Report Created On: 1/27/21 9:47:11 PMDocuSign Envelope ID: 25BA57CE-0CC7-4958-8B42-FC586737D365 00 30 01 BID FORM Item UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT A1 LS 1 A2 AL 1 A3 AL 1 100,000.00$ 100,000.00$ A4 AL 1 7,000.00$ 7,000.00$ A5 AL 1 30,000.00$ 30,000.00$ B1 8" Limestone Base for Concrete Pavement SY 500 B2 SY 500 B3 LF 290 B4 SF 244 B5 LF 153 B6 LF 112 B7 LS 1 C1 LS 1 C2 LS 1 C3 LS 1 363,120.00$ 363,120.00$ C4 LS 1 1,115,644.00$ 1,115,644.00$ C5 LS 1 962,000.00$ 962,000.00$ C6 Aeration Control System (Pre-Selected and as described in Spec 1E24)LS 1 296,365.13$ 296,365.13$ C7 LS 1 Dewatering Press Equipment (Pre-Selected and as described in Spec 1E24) Electrical Improvements SUBTOTAL PART A - GENERAL (Items A1 thru A5) TOTAL PROJECT BASE BID (PARTS A THRU C) Part B - SITE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Part C - WASTEWATER PLANT IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 6" Thick Concrete Pavement 6" Concrete Block Curb New Concrete Sidewalk Pipeline Trench Safety 7' Tall Chainlink Fence SUBTOTAL PART B - SITE IMPROVEMENTS (Items B1 thru B7) SUBTOTAL PART C - WASTEWATER PLANT IMPROVEMENTS (Items C1 thru C7) Wastewater Plant Improvements (All work for the improvements included in the Contract Documents that are no specifically describes in another Bid Item) Plant Lift Station Control of Flow Pumping and Piping Submersible Pumps (Pre-Selected and as described in Spec 1E24) Effluent Filter Equipment (Pre-Selected and as described in Spec 1E24) Allowance for City Building Permit Allowance for AEP Cost Structure Trench Safety Allowance for Unanticipated Work DESCRIPTION Base Bid Mobilization (Max 5%) Bonds and Insurance Part A - General (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Basis of Bid Bid Form Allison WWTP Lift Station and Plant Improvements - Project No. E10043 00 30 01 - Page 2 of 2 Rev 8/2019 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 2 OF 2 30.00 15.000.00 160.00 80,000.00 22.00 6,380.00 13.50 3,294.00 40.00 6,120.00 50.00 5,600.00 15,000.00 15,000.00 131,394.00 843,000.00 843,000.00 215,000.00 215,000.00 1,195,000.00 11,000,000.00 11,000,000.00 400,000.00 400,000.00 2,282,000.00 2,282,000.00 16,419,129.13 17,745,523.13 DocuSign Envelope ID: 25BA57CE-0CC7-4958-8B42-FC586737D365 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A1 Mobilization (Max 5%)LS 1 843,000.00$ 843,000.00$ 750,040.00$ 750,040.00$ 500,000.00$ 500,000.00$ 600,000.00$ 600,000.00$ A2 Bonds and Insurance AL 1 215,000.00$ 215,000.00$ 180,000.00$ 180,000.00$ 130,000.00$ 130,000.00$ 100,000.00$ 100,000.00$ A3 Allowance for Unanticipated Work AL 1 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ A4 Allowance for City Building Permit AL 1 7,000.00$ 7,000.00$ 7,000.00$ 7,000.00$ 7,000.00$ 7,000.00$ 7,000.00$ 7,000.00$ A5 Allowance for AEP Cost AL 1 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 1,195,000.00$ 1,067,040.00$ 767,000.00$ 837,000.00$ B1 8" Limestone Base for Concrete Pavement SY 500 30.00$ 15,000.00$ 16.00$ 8,000.00$ 30.00$ 15,000.00$ 30.00$ 15,000.00$ B2 6" Thick Concrete Pavement SY 500 160.00$ 80,000.00$ 75.00$ 37,500.00$ 70.00$ 35,000.00$ 127.00$ 63,500.00$ B3 6" Concrete Block Curb LF 290 22.00$ 6,380.00$ 15.00$ 4,350.00$ 15.00$ 4,350.00$ 24.00$ 6,960.00$ B4 New Concrete Sidewalk SF 244 13.50$ 3,294.00$ 8.00$ 1,952.00$ 5.00$ 1,220.00$ 30.00$ 7,320.00$ B5 7' Tall Chainlink Fence LF 153 40.00$ 6,120.00$ 50.00$ 7,650.00$ 30.00$ 4,590.00$ 48.00$ 7,344.00$ B6 Pipeline Trench Safety LF 112 50.00$ 5,600.00$ 4.00$ 448.00$ 20.00$ 2,240.00$ 18.00$ 2,016.00$ B7 Structure Trench Safety LS 1 15,000.00$ 15,000.00$ 180,000.00$ 180,000.00$ 1,000.00$ 1,000.00$ 5,000.00$ 5,000.00$ 131,394.00$ 239,900.00$ 63,400.00$ 107,140.00$ C1 Wastewater Plant Improvements (All work for the improvements included in the Contract Documents that are no specifically describes in another Bid Item)LS 1 11,000,000.00$ 11,000,000.00$ 11,098,930.87$ 11,098,930.87$ 12,479,470.87$ 12,479,470.87$ 12,074,664.00$ 12,074,664.00$ C2 Plant Lift Station Control of Flow Pumping and Piping LS 1 400,000.00$ 400,000.00$ 325,000.00$ 325,000.00$ 100,000.00$ 100,000.00$ 195,430.00$ 195,430.00$ C3 Submersible Pumps (Pre-Selected and as described in Spec 1E24)LS 1 363,120.00$ 363,120.00$ 363,120.00$ 363,120.00$ 363,120.00$ 363,120.00$ 363,120.00$ 363,120.00$ C4 Effluent Filter Equipment (Pre-Selected and as described in Spec 1E24)LS 1 1,115,644.00$ 1,115,644.00$ 1,115,644.00$ 1,115,644.00$ 1,115,644.00$ 1,115,644.00$ 1,115,644.00$ 1,115,644.00$ C5 Dewatering Press Equipment (Pre-Selected and as described in Spec 1E24) LS 1 962,000.00$ 962,000.00$ 962,000.00$ 962,000.00$ 962,000.00$ 962,000.00$ 962,000.00$ 962,000.00$ C6 Aeration Control System (Pre-Selected and as described in Spec 1E24)LS 1 296,365.13$ 296,365.13$ 296,365.13$ 296,365.13$ 296,365.13$ 296,365.13$ 296,365.13$ 296,365.13$ C7 Electrical Improvements LS 1 2,282,000.00$ 2,282,000.00$ 2,783,000.00$ 2,783,000.00$ 2,200,000.00$ 2,200,000.00$ 2,477,000.00$ 2,477,000.00$ 16,419,129.13$ 16,944,060.00$ 17,516,600.00$ 17,484,223.13$ PART A - GENERAL (Items A1 thru A7) PART B - SITE IMPROVEMENT (Items B1 thru B7) PART C - WASTEWATER (Items C1 thru C7) BID DATE: January 27, 2021 TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Lois Hinojosa Completion: 600 Cal Days DESIGN ENGINEER: Urban Engineering RFB 3207 ALLISON WWTP LIFT STATION & PLANT IMPROVEMENTS Associated Construction Partners, Ltd Reytec Construction Resources, Inc BASE BID 215 W. Bandera Rd. 1901 Hollister CSA Construction 2314 McAllister Rd. BOERNE, TEXAS 78006 HOUSTON, TEXAS 77080 PART A - GENERAL HOUSTON, TEXAS 77092 TOTAL BASE BID 17,745,523.13$ 18,251,000.00$ SUBTOTAL PART A - GENERAL (Items A1 thru A5) PART B - SITE IMPROVEMENT SUBTOTAL PART B - SITE IMPROVEMENT (Items B1 thru B7) BID SUMMARY PART C - WASTEWATER PLANT SUBTOTAL PART C - WASTEWATER PLANT (Items C1 thru C7) 767,000.00$ 63,400.00$ 18,347,000.00$ 1,195,000.00$ 1,067,040.00$ 131,394.00$ 239,900.00$ 16,419,129.13$ 16,944,060.00$ 17,516,600.00$ 18,428,363.13$ Garney Companies, Inc. 1333 NW Vivion Rd. GARDNER, MISSOURI 64118 837,000.00$ 107,140.00$ 17,484,223.13$ Page 1 of 1 Capital Improvement Plan City of Corpus Christi, Texas 2020 2024 thru Description This project combines the Allison WWTP Lift Station Upgrade project and the Allison Process Improvements project into one single project. This project provides critical upgrades and replacement of deteriorated equipment to avoid impending failures. Improvements include dry pit / wet pit lift station, east and west aeration basins, two final clarifiers, automatic backwash filter, chlorine contact chamber, disinfection system, effluent reuse transfer pump station, aerobic digester, belt press building, blower building and other miscellaneous items. Project #E10043 Priority 2 Critical- Asset Condition\longe Justification Consistency with the Comprehensive Plan: Policy Statements pg. 48: 1,3 & 6; pp. 55-58; Wastewater Master Plan Budget Impact/Other The implementation of this project will ensure normal operations of Allison WWTP and potentially reduce operational costs. Useful Life 25 years Project Name Allison WWTP Liftstation Upgrade & Improvements Category Wastewater Type Improvement/Additions Contact Department Wastewater Status Active Total2020 2021 2022 2023 2024Expenditures 16,600,0006,100,000 10,500,000Construction/Rehab 45,52345,523Testing 420,000300,000 120,000Inspection 1,161,000481,000 600,000 80,000Contingency 481,000 7,000,000 10,745,523 18,226,523Total Total2020 2021 2022 2023 2024Funding Sources 18,226,523481,000 7,000,000 10,745,523Revenue Bonds 481,000 7,000,000 10,745,523 18,226,523Total DATE: March 30, 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 authorizing a cost-share agreement with the U.S. Army Corps of Engineers to conduct a study that will analyze impaired infrastructure and provide alternatives to address streambank erosion control related to the Mary Rhodes Pipeline Phase 2 System Improvements project, located in the vicinity of the Mary Rhodes Pump Station in Matagorda County, in an amount not to exceed $92,500.00, with FY 2021 funding available from the Water Capital Fund and funding in the amount of $192,500 available from the U.S. Army Corps of Engineers. SUMMARY: This motion authorizes a cost-share agreement with the U.S. Army Corps of Engineers to conduct a feasibility study for streambank erosion control related to the Mary Rhodes Pipeline Phase 2 System Improvements. The feasibility study will provide an analysis of the imminent threats to the facilities as well as the formulation and evaluation of the lowest-cost alternative solution to effectively address the erosion along the portion of the Colorado River in the vicinity of the intake structure of the Mary Rhodes Pump Station. The study also will provide the proposed project design and construction costs. BACKGROUND AND FINDINGS: In the 1990’s the City of Corpus Christi was experiencing water shortages and former Mayor Mary Rhodes led an initiative to secure water rights from the Colorado River to provide for an additional water source to residents, businesses, and industries. Mayor Rhodes’ initiative led to the Mary Rhodes Pipeline Phase 2 System Improvements Feasibility Study Cost-Share Agreement with the U.S. Army Corps of Engineers AGENDA MEMORANDUM Action Item for the City Council Meeting of March 30, 2021 development of the Mary Rhodes Pipeline. The pipeline consists of Phases 1 and 2. Phase 1 was constructed in 1998 and includes a 101-mile-long pipeline and several pump stations that transfer water from Lake Texana to the O.N. Stevens Water Treatment Plant. Phase 2 was constructed in 2016 and includes a 42-mile-long pipeline that has two pump stations and a sedimentation basin that starts at the Colorado River near Bay City, connecting to Phase 1 of the pipeline at Lake Texana. Following Hurricane Harvey and subsequent major rain events, portions of the riverbank along the Colorado River that are adjacent to the Mary Rhodes Pipeline Phase 2 water intake structure and pump station have experienced significant streambank erosion. In 2018, the City retained the Engineering firm Freese and Nichols, Inc. (FNI). to prepare a technical memorandum to assess the erosion at the riverbank, develop preliminary recommendations to repair and restore the riverbank and to prevent further threats to the Mary Rhodes Pipeline Phase 2 water intake structure and pump station. The report prepared by FNI is a very basic memorandum that was provided to U.S. Army Corps of Engineers (USACE) to request for funding assistance for the project. In their assessment, FNI indicated that the erosional process on the river has caused the streambank to recede approximately 10 to 12 feet and that it is approximately 15 to 40 feet from the pertinent structures of the intake structure, pump station, and sedimentation basins in various locations along the project area. Moreover, the erosion has compromised certain land structures, such as the pump station, alert warning infrastructure, power lines, and the sedimentation basin. Most importantly, the power lines in the vicinity are in imminent danger of failure, as the erosion is already approaching the foundation of the power line poles. Due to the escalating degradation of the area adjacent to the pump station (0.45 miles in length), the City proactively requested assistance from the USACE, in partnership with the City, to further investigate the issue and determine solutions for needed repairs under its Emergency Streambank and Shoreline Protection – Continuing Authorities Program (CAP). CAP authorizes the USACE to plan, design, and construct projects to assist local governments by investigating potential water resource issues. A CAP project is conducted in two stages: (1) a feasibility study, and (2) design and implementation (construction). Both stages of a CAP project are cost-shared between the federal government and the local government. The cost-share for the first stage will require the City to fund 50% of the project if the feasibility study exceeds $100,000. The total cost of the feasibility study is $285,000, with the Federal Government funding the first $100,000 and then cost-sharing 50% of the remaining amount of $185,000 with the City. Therefore, the remaining amount will require the City and Federal Government to provide $92,500 to cover the remaining costs. The CAP’s second stage will require the City to fund 35% of project design and construction costs. This amount is dependent on the feasibility study and at the moment the USACE has not provided the City with a preliminary cost. This agenda item will authorize the City to enter into the cost-share agreement with the USACE for the first stage of the project. After completion of the feasibility study (first stage), the USACE will begin the second stage, which is to prepare a detailed project report with the recommendations for design and construction to remediate the erosion problem. PROJECT TIMELINE: The project feasibility study will begin in April 2021 with anticipated completion by December 2021. ALTERNATIVES: An alternative is to not proceed with the cost-share agreement for the feasibility study with the U.S. Army Corps of Engineers, which will allow the erosion to continue along the Colorado Riverbank and remain an imminent threat to the Mary Rhodes Pump Station and intake structure. FISCAL IMPACT: This fiscal impact for FY 2021 is an amount of $92,500.00, with funding available from the Water Capital Fund. The total cost of the feasibility study is $285,000.00. The amount of $92,500.00 represents the portion that the City is responsible for under the cost-share agreement. The Capital Improvement Program (CIP) shows the design project is ready to be implemented in FY 2021. The CIP expenditures for design were preliminarily budgeted at $50,000.00. The remaining amount of $42,500.00 is available under the Contingency expenditure for this project. FUNDING DETAIL: This project is listed in the FY 2021 Capital Improvement Program. Fund: Water 2015 MRP2 (Fund 4095) Mission Elem: Water Distribution (041) Project: Mary Rhodes Pipeline Phase 2 System Improvements (19025A): Please reference project 20105A in the FY 2020-2021 Capital Budget. Account: Outside Consultants (550950) Activity: 19025-A 4095-EXP Amount $92,500 RECOMMENDATION: Staff recommends approval of the motion authorizing a cost-share agreement with the U.S. Army Corps of Engineers to conduct a feasibility study for streambank erosion control related to the Mary Rhodes Pipeline Phase 2 System Improvements project. LIST OF SUPPORTING DOCUMENTS: Feasibility cost share agreement Location and Vicinity maps Project management plan Lobbying certification Letter of intent Self-certification of financial capability N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES VICINITY MAP NOT TO SCALE PROJECT LOCATION MARY RHODES PIPELINE PH. 2 SYSTEM IMPROVEMENTS LOCATION MAP NOT TO SCALE PROJECT NUMBER: 19025A MATAGORDA BAY GULF OF MEXICO 60 35 35 35 GULF OF MEXICO 60 PROJECT LOCATION CORPUS CHRISTI PORTLAND FULTON PORT LAVACA BAY CITY N EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES MARY RHODES PIPELINE PH. 2 SYSTEM IMPROVEMENTS AERIAL MAP NOT TO SCALE PROJECT NUMBER: 19025A 35 COLORADO R I V E R PROJECT LOCATION MARY RHODES PUMP STATION PROJECT MANAGEMENT PLAN (FEASIBILITY PHASE) Mary Rhodes Pump Station Bay City, Matagorda County, Texas P2 # 479839 Section 14 - Emergency Streambank and Shoreline Protection US Army Corps of Engineers Galveston District March 5, 2021 Mary Rhodes Pump Station 2 CAP Section 14 Table of Contents 1. INTRODUCTION ................................................................................................................. 5 2. PROJECT INFORMATION ................................................................................................. 6 2.1. Background ............................................................................................................... 6 2.2. Purpose ...................................................................................................................... 6 2.3. Location .................................................................................................................... 6 2.4. Sponsor and Sponsor’s Views .................................................................................. 7 2.5. Study Authority ......................................................................................................... 7 2.6. Views of Federal, State, Regional and Interested Organizations .............................. 7 3. SCOPE OF WORK ............................................................................................................... 8 3.1. Plan Formulation and Development ......................................................................... 8 3.2. Technical Scopes ...................................................................................................... 8 4. FUNDING ........................................................................................................................... 15 5. STUDY SCHEDULE .......................................................................................................... 16 5.1. Study Milestone Schedule ....................................................................................... 17 6. RESPONSIBILITY ASSIGNMENT .................................................................................. 17 6.1. Team Member Identification and Responsibilities ................................................. 17 7. COMMUNICATIONS PLAN ............................................................................................ 18 8. REPORTING REQUIREMENTS....................................................................................... 19 9. PROJECT QUALITY CONTROL PLAN .......................................................................... 19 10. CHANGE MANAGEMENT PLAN .................................................................................. 20 10.1. Change Control Requests ........................................................................................ 21 11. RISK ASSESSMENT ........................................................................................................ 21 12. PROJECT ACQUISITION PLAN .................................................................................... 21 13. SAFETY AND OCCUPATIONAL HEALTH PLAN ...................................................... 22 APPENDIX A. PROJECT SCHEDULE .................................................................................... 23 Mary Rhodes Pump Station 3 CAP Section 14 Figures Figure 1. Location of the Study. .................................................... Error! Bookmark not defined. Figure 2. Image of the CCR form used in the Galveston District. ................................................ 21 Tables Table 1. Plan Formulation Scope .................................................................................................... 8 Table 2. Cultural Resources Scope ................................................................................................. 9 Table 3. Environmental Compliance Scope .................................................................................. 10 Table 4. Economics Scope ............................................................................................................ 11 Table 5. Real Estate Scope ............................................................................................................ 11 Table 6. Hydrologic and Hydraulic (H&H) Scope ....................................................................... 12 Table 7. Geotechnical Scope ......................................................................................................... 13 Table 8. Civil Engineering Scope ................................................................................................. 13 Table 9. Cost Engineering Scope .................................................................................................. 14 Table 10. Structural Engineering Scope ....................................................................................... 14 Table 11. Study Disciplines Identified and Cost Estimates. ......................................................... 16 Table 12. Feasibility Phase Milestones ......................................................................................... 17 Table 13. Project Delivery Team Members. ................................................................................. 17 Mary Rhodes Pump Station 4 CAP Section 14 Endorsement by Galveston District Office Chiefs: Galveston District staff and I have reviewed this PMP developed by the PDT, endorse it, and recommend its approval and initiation. Name and Title (e-signatures with dates) _______________________________________________ Byron Williams Deputy District Engineer, For Programs and Project Management _______________________________________________ Arnold R Newman Director, Regional Planning and Environmental Center _______________________________________________ Robert C. Thomas III, P.E. Chief, Engineering and Construction Division _______________________________________________ Timothy J. Nelson Chief, Real Estate Division Endorsement by Sponsor: I, as a representative for City of Corpus Christi, have reviewed this PMP developed by the PDT, endorse it, and recommend its approval and initiation. ________________________________________________ ___________________ Lj Francis, P.E. City Project Manager Corpus Christi, TX Mary Rhodes Pump Station 5 CAP Section 14 1. INTRODUCTION The purpose of the Project Management Plan (PMP) is to establish a strategy for management of the project activities to ensure the project is executed in a manner that achieves program and project objectives, within approved scopes, budgets, and schedules, and maximizes effectiveness in communication, execution, and delivery of a quality project, despite constraints in any limited resources. It documents the U.S. Army Corps of Engineers (USACE) and Non-Federal Sponsor commitments required for project successful implementation. It is intended to promote a better understanding between the implementing agencies, reduce uncertainties, and provide a basis for managing, monitoring and controlling the project. The PMP adheres to the USACE Project Delivery Business Process (PDBP) in Engineer Regulation (ER) 5-1-11, dated 31 July 2018, which requires that projects be managed in accordance with a PMP. The PM, customer, and other PDT, form the Project Delivery Team (PDT), which is charged with the responsibility of carrying the project to successful completion with the authorized scope, time, and budget. In a nutshell, the USACE’s Business Process empowers the PDT with the authority and responsibility for delivering quality products and services. It describes: 1. Results-focused teamwork—draw from USACE’s diverse resources worldwide to establish strong multi-disciplinary teams to best meet the stakeholders’ needs and national/public interests. 2. Three imperatives—adherence to these business imperatives to secure successful completion of the project. a. One project, one team, one project manager. b. Manage all projects with a PMP. c. The PDT is responsible for project success. The PMP covers project tasks and products for the Feasibility Phase. The Feasibility Phase includes studies and investigations, plan formulation, preliminary design, and environmental assessments required to identify the most cost-effective solution to address the erosion that occurs within the study area. The PMP is a living document developed by the PDT members at a level of detail commensurate with the size and complexity of the project. It is a binding agreement among all elements supporting the project, which details how the work will be executed and how resources will be expended. It defines the baseline scope, schedule, resources, including contingencies, and provides a change management plan for the project. The schedule and funding levels included reflect overall project and budget constraints and realities foreseen in this project. Leadership from all indicated offices/disciplines, including the District Commander, have committed and empowered the PDT members named in this PMP to conduct and deliver a complete Feasibility Study for the project. Mary Rhodes Pump Station 6 CAP Section 14 2. PROJECT INFORMATION 2.1. Background The City of Corpus Christi has dealt with significant streambank erosion along the portion of the Colorado River at the Mary Rhodes Pump Station. As such, infrastructure is being threatened. The project site begins approximately 1,000 feet upstream of the Mary Rhodes Pump Station and continues downstream for approximately another 1,000 feet, making the total length of the project approximately 2,400 feet. The project is located along the portion of the streambank upstream of the Texas State Highway 35 Bridge, which crosses over the Colorado River west of Bay City in Matagorda County. The Mary Rhodes Pump Station provides fresh water to the citizens of Corpus Christi and surrounding area. The erosion has caused the bank to recede approximately 10-12 feet since 2017 and is approximately 15 to 40 feet from the utility in various locations along the project area. In addition, power lines are in imminent danger of failure, as the erosion is already approaching the foundation of the power line poles. 2.2. Purpose The feasibility study is the first phase of the two-phased Corps of Engineers planning process. The purpose of the feasibility study is to evaluate all reasonable solutions to the water resource problems identified at the Mary Rhodes Water Intake site as part of the study area. Provided that the proposed project meets the criteria for inclusion within the Section 14 program the feasibility report provides the basis for a decision on project construction. In addition to the No Action Alternative, which serves as the baseline for evaluating alternatives, the Study will consider the following structural: Structural Measures: • Sustainable Engineering/ Bioengineering • Riprap • Sheet pile wall 2.3. Location The City of Corpus Christi’s intake structure, also known as the Mary Rhodes Pump Station, is located along the Colorado River near Bay City, Matagorda County, Texas. City of Corpus Christi is 145 Mary Rhodes Pump Station 7 CAP Section 14 miles South west of San Antonio. The estimated population, as of 2019, is 325,780. The estimated unemployment rate for Corpus Christi is 9.9% in Sept 2020. Figure 1. Mary Rhodes Pump Station in Relation to Bay City, Texas 2.4. Sponsor and Sponsor’s Views The study sponsor is the City of Corpus Christi (City). The City supports the study and will serve as the Non-Federal Sponsor and has indicated its interest in pursuing a Feasibility Study. 2.5. Study Authority The authority for this project is Section 14 of the Flood Control Act of 1946 (Public Law 79-526), as amended. Under this authority, the USACE is authorized to plan, design, and construct small flood control projects. Each project is limited to a Federal cost of not more than $5 million, including all project-related costs for feasibility studies, planning, engineering, design, and construction. 2.6. Views of Federal, State, Regional and Interested Organizations Study efforts will be coordinated with other Federal, state and local agencies as well as interested stakeholders, including the City. The Feasibility Report and Environmental Assessment will be developed and coordinated with appropriate agencies and interested organizations. Mary Rhodes Pump Station 8 CAP Section 14 3. SCOPE OF WORK This section of the PMP provides the objectives and a description of the products to be accomplished during development of the Detailed Project Report. The objectives of the Feasibility Phase of the project are to: • Prepare the Detailed Project Report • Prepare any required Environmental Assessment and NEPA documentation • Prepare a Project Management Plan (PMP) for the Design and Implementation Phase • Develop other supporting plans as needed for completion of the Detailed Project Report For each task that is included in the work breakdown structure (WBS), a scope of work will be developed that describes the work that is to be performed, including specific activities to be accomplished in narrative form. The scopes of work will be developed by the project delivery team (PDT) which includes the non-Federal sponsor. Table 1-10 includes a brief synopsis of tasks for the study. 3.1. Plan Formulation and Development In the feasibility phase, the planning process identifies alternative plans that should be evaluated. The culmination of the planning process is selection of a recommended plan or the decision to recommend no action. The selection will be based on a comparison of the effects of alternative plans. The alternative plan, which reasonably maximizes the net National Economic Development (NED) benefits, will be selected. The alternative of recommending no action, i.e., selecting none of the alternative plans, will also be fully considered. 3.2. Technical Scopes The following tables describe the activities, per technical disciplines, necessary to complete the feasibility phase for this project. Table 1. Plan Formulation Scope Activity Task 1: PDT meeting and Other Coordination Attend meetings, circulate Memorandum For Records (MFRs), support impact analysis and ARA. Task 2: Plan Formulation steps Document problems and opportunities, screen alternatives, assess impacts, summarize findings. Task 3: Draft Report Preparation Document analysis and recommendation of the team, revise to incorporate review comments. Task 4: Vertical Team Coordination and Reporting Mary Rhodes Pump Station 9 CAP Section 14 Activity Prepare and consolidate read-aheads and document IPRs. Task 5: Manage Reviews Prepare review plan, coordinate District Quality Control (DQC), Agency Technical Review (ATR) and Division Reviews, incorporate comments, support agency coordination and reviews. Task 6: Final Report Preparation Prepare review plan, coordinate DQC, ATR and Division Reviews, incorporate comments. Table 2. Cultural Resources Scope Activity Task 1: PDT meeting and Other Coordination Attend meetings and site visits. Make recommendations on resource impacts, participate in impact analysis, charette, IPR with SWD, etc. Task 2: NEPA Scoping Document the problems and opportunities, participate in charette, screen alternatives, assess impacts, present and support conclusions. Task 3: Site Assessment/Fieldwork Document analysis and recommendation of the team, revise to incorporate review comments. Task 4: Existing and FWOP Conditions Includes all resources included under NEPA, as well as the cultural resources baseline/literature search to determine level of risk for potential impacts within study area. Task 5: Cultural Resource Coordination Letters Occurs once a more refined TSP location is selected, for SHPO/tribe comment to better understand risks associated with Proposed Action, determine level of surveys required in design (if any), determine need for a Programmatic Agreement, etc. Task 6: Develop Cultural Resource FWP/Cumulative Impacts Incorporate cultural resource survey requirements, impacts to historic properties, recommendations, environmental compliance into report. Task 7: Prepare consequences/Cumulative Impacts Analysis Incorporate impacts to historic properties, recommendations, environmental compliance into report. Task 8: Prepare/Consolidate Draft Feasibility Report with Integrated Environmental Assessment Prepare/Consolidate Draft Feasibility Report with Integrated Environmental Assessment and get Supervisory review. Task 9: Manage Reviews Mary Rhodes Pump Station 10 CAP Section 14 Activity Prepare review plan, coordinate DQC, ATR and Division Reviews, incorporate comments, support agency coordination and reviews. Table 3. Environmental Compliance Scope Activity Task 1: PDT meeting and Other Coordination Attend meetings, site visits, provide recommendations on resource impacts, support impact analysis, charette, IPRs and other PDT and decision meetings. Task 2: FWS CAR Negotiate FWS scope and cost estimates, prepare documentation for MIPR, execute MIPR, review of CAR. Task 3: NEPA Scoping Document the problems and opportunities, participate in charette, screen alternatives, assess impacts, present and support conclusions. Task 4: Site Assessment/Fieldwork Document analysis and recommendation of the team, revise to incorporate review comments. Task 5: Existing and FWOP Conditions Assess all resources included under NEPA, field habitat quality assessment and projections and QA/QC of data. These efforts also help determine level of risk for potential impacts within study area, compliance requirements, etc. Conduct HTRW Phase I Analysis for study area to guide alternative plan analysis. Task 6: Resources Agency Coordination and Environmental Compliance Coordinate refined TSP location/impacts to facilitate agency coordination. Determine and complete all required environmental compliance. Task 7: Develop Environmental Resource FWP/ Impacts Analysis Draft and incorporate environmental resources impacts by proposed action and compliance documents into report. Develop mitigation plan monitoring and adaptive management plans, if necessary. Task 8: Prepare and Coordinate Environmental Compliance Incorporate impacts to natural/protected/or otherwise regulated resources, and environmental compliance into report. Task 9: Prepare/Consolidate Draft Feasibility Report with Integrated Environmental Assessment Prepare/Consolidate Draft Feasibility Report with Integrated Environmental Assessment, and get Supervisory review Mary Rhodes Pump Station 11 CAP Section 14 Activity Task 10: Manage Reviews Support DQC, ATR and Division Reviews, incorporate comments, support agency coordination and reviews. Task 11: Decision Meetings Prepare content, slides, RAH. Table 4. Economics Scope Activity Task 1: PDT Meetings and Other Coordination Participate in PDT meetings, site visits, etc. Task 2: Vertical Team Meeting Support/Attendance Prepare RAHM, participate in meetings and respond to VT comments. Task 3: With and Without Project Analysis Develop a cost for relocating the projected assets for use as a comparison to the with project alternative costs to determine economic justifiability of the alternatives. Task 4: Support Development and Screening of Alternatives Attend charette to assess applicable alternatives Task 5: Support Impact Analysis Support team with documentation as requested. Task 6: Report Documentation Document the Economic analysis, address comments and revise report to reflect response to comments. Table 5. Real Estate Scope Activity Task 1: PDT Meetings and Other Coordination Participate in PDT meetings, site visits, etc. Task 2: Mapping - Real Estate Project planning maps will be developed from preliminary Engineering design drawings, aerial mosaics, and real property maps obtained from the various county tax assessor’s offices and the City of Corpus Christi. Real Estate will establish tract ownership data, determine the acreage and recommend tract configuration for the required lands. As design and ownership data is obtained, it will be layered into the base maps to form a Geographic Information System (GIS) for the Project. Mary Rhodes Pump Station 12 CAP Section 14 Activity Task 3: Preliminary Attorney’s Opinion of Compensability - A preliminary legal opinion will be prepared on whether provision of a substitute facility is required under the Fifth Amendment as compensation for a facility/utility being acquired for the project. The opinion makes findings on whether the owner has a compensable interest, whether the owner has the legal duty to continue to maintain and operate the facility/utility, and whether Federal law requires the provision of a substitute facility/utility rather than a mere payment of the market value for the property acquired. The preliminary legal opinion differs from the final legal opinion only in its acceptance as fact of the owner’s statement of interest in the property, without a search of property records. This task will be performed by Office of Counsel, if required. Task 4: Real Estate Plan (REP) - The REP, prepared for the recommended plan will contain land values, supported by the Appraisal, other required topics. Task 5: PDT Meetings and Other Coordination Attend meetings, document necessary tasks. Table 6. Hydrologic and Hydraulic (H&H) Scope Activity Task 1: PDT Meetings and Other Coordination Participate in PDT meetings, site visits, etc. Task 2: Data Collection and Preliminary Analysis Compile relevant H&H data, models, and/or reports. From there, use this data to do preliminary analysis for the project area and vicinity, e.g., specific gage analysis. Task 3: H&H modeling or Surrogate Analysis This task will focus on one of three items: (1) applying an existing model, (2) developing a new model, or (3) in the absence of the previously mentioned, perform adequate and applicable analysis. If there is an existing model, it will be used in the study area. If there is not an existing model, a model could be generated if there is adequate information in the region to do so. Or, lastly, analysis could be performed in the absence of modeling to determine important relationships such as stage/frequency and velocities near the site. Task 4: Development and Preliminary Screening of Alternatives This task will consist of collaborating with the geotechnical engineer on the PDT, along with other applicable team members, to develop a set of alternatives. Given those alternatives, a preliminary screening will be conducted in collaboration with the PDT to determine a focused set of alternatives. Task 5: Detailed Alternatives Evaluation and Design Coordination Given a set of focused alternatives, sufficient additional design information will be developed in collaboration with the geotechnical engineer such that cost engineering can develop cost Mary Rhodes Pump Station 13 CAP Section 14 Activity estimates. This will include any additional H&H analysis required for the measures in the focused array of alternatives. Task 6: H&H Documentation Document the H&H analysis performed for the feasibility report including applicable model results, figures, and tables. Table 7. Geotechnical Scope Activity Task 1: PDT Meetings and Other Coordination Participate in PDT meetings, site visits, etc. Task 2: Review the currently available data Review the currently available data including but not limited to field topographic survey data, site visit findings, historic site photographs, the plant’s as-built plans for associated drainage system if any, and Freese & Nichols, Inc. (FNI) Technical Memorandum report dated November 30, 2018. Task 3: Assessment of Project Needs and Perform Preliminary Analyses Work with the other disciplines (Real estate, H&H, Environmental, and Cost Engineering, CAD support) to assess Project Needs and obtain necessary inputs and perform necessary Preliminary Analyses. Task 4: Development and Preliminary Screening of Alternatives Develop Alternatives (engineering approaches) to restore the slope and stabilize the Colorado riverbank against erosion to meet the subject study goals and requirements. Given those alternatives, a preliminary screening will be conducted in collaboration with the PDT to determine a focused set of alternatives. Task 5: Detailed Alternatives Evaluation and Design Coordination Given a set of focused alternatives, sufficient additional design information will be developed in collaboration with the H&H professional such that cost engineering can develop cost estimates. This will include any additional Engineering inputs required for the measures in the focused array of alternatives. Task 6: Engineering Documentation Document the Engineering inputs performed for the feasibility report including results, figures, and tables. Table 8. Civil Engineering Scope Mary Rhodes Pump Station 14 CAP Section 14 Activity Task 1: PDT Meetings and Other Coordination Participate in PDT meetings, site visits, etc. Task 2: Review the currently available data Review the currently available data including but not limited to any existing field survey data, site visit findings, historic site photographs, identify existing infrastructure, site condition changes since problem was identified. Task 3: Assessment of Project Needs and Perform Preliminary Analyses Work with the other disciplines and PDT members to assess project needs, identify data gaps, and obtain necessary inputs to perform necessary Preliminary Analyses. Task 4: Development and Preliminary Screening of Alternatives Collaborate with other engineering disciplines and PDT members to develop, a set of preliminary alternatives. Once identified, assist with preliminary screening of alternative to determine a focused set of alternatives. Task 5: Detailed Alternatives Evaluation and Design Coordination Given a set of focused alternatives refine alternatives identified in Task 4 to identify footprints, impact to existing infrastructure, assist other engineering disciplines in quantifying alternatives for cost determination. Task 6: Engineering Documentation Document, review, and compile the Engineering inputs performed for the feasibility report including results, figures, and tables. Perform quality and consistency checks of engineering documents. Assist in addressing DQC, ATR review comments. Table 9. Structural Engineering Scope Activity Task 1: PDT Meetings and Other Coordination Participate in PDT meetings, site visits, etc. Task 2: Review the currently available data Review the currently available data including but not limited to field topographic survey data, site visit findings, historic site photographs, as-built drawings of any structures along the riverbank. Task 3: Assessment of Project Needs and Perform Preliminary Analyses Work with the other disciplines and PDT members to assess project needs and obtain necessary inputs to perform Preliminary Analyses. Task 4: Development and Preliminary Screening of Alternatives Work with other disciplines to develop alternatives to restore the slope and stabilize the Mary Rhodes Pump Station 15 CAP Section 14 Activity riverbank against erosion. Given those alternatives, an initial screening will be conducted in collaboration with the PDT to determine a focused set of alternatives. Task 5: Detailed Alternatives Evaluation and Design Coordination Based on the selected alternatives, additional design information will be developed in collaboration with the Geotechnical Engineer such that cost estimates can be prepared. This will include any additional Engineering inputs required for the measures in the focused array of alternatives. Task 6: Engineering Documentation Document the Structural Engineering analysis performed for the feasibility report including results, figures, and tables. Table 10. Cost Engineering Scope Activity Task 1: PDT Meetings and Other Coordination Attend meetings, document necessary tasks. Task 2: Plan Formulation Screening Costs Develop estimates for 2 alternatives plus no action. Task 3: Refine Recommended Plan Cost Develop MII for Recommended Plan; incorporate cultural resources, Real Estate; develop construction schedule; create TPCS; conduct/develop ARA; and develop OM estimates. Task 4: Manage Reviews Coordinate ATR with Walla Walla District, address comments. Task 5: Final Report Preparation Prepare review plan, coordinate DQC, ATR and Division Reviews, incorporate comments. 4. FUNDING A Federal Cost Share Agreement (FCSA), between the Corps and City of Corpus Christi will need to be executed to provide matching funds to complete the required Detailed Project Report as part of the project’s Feasibility Phase. Funding was prepared in accordance with the scope for required tasks to complete the report. It focuses on the critical determinations and disciplines to determine existing conditions and formulation of potential solutions to meet customer needs and deliver the project in an expedited fashion. A total of $285,000 is required for this project phase and is cost- shared at 50% federal and 50% non-federal for expenses above $100,000. Table 11 include a breakdown of the costs by disciplines. Mary Rhodes Pump Station 16 CAP Section 14 Table 101. Study Disciplines Identified and Cost Estimates. Disciplines Cost Estimates Project Management $35,000 Federal Interest Determination $17,000 PMP/RP/FCSA DEVELOPMENT (PDT) $18,500 District and Agency Quality Reviews $19,000 Plan Formulation $30,000 Environmental , Cultural, HTRW & MIPR $63,000 Economics $6,000 Real Estate $10,000 Engineering (H&H, Geotechnical, Civil, Costs) $74,000 Topographic surveys $10,000 EDR (Electronic Data Report) for HTRW $2,500 TOTAL $285,000 Federal $192,500 Non-Federal $92,500 5. STUDY SCHEDULE The schedule developed by the PDT is based on the scope identified in the Work Breakdown Structure (WBS) in accordance with the approved work scope. The project’s WBS organizes the project by major deliverables and functions and depict a continuous process to deliver the project at its current phase. The WBS is the primary tool for managing the scope, schedule, and budget of the project. Work that is included within the WBS is considered within scope. Any work that is not contained within the WBS is considered “out of scope” and should not be considered for funding or time allocations, unless the addition goes thru change control management process for approvals. The WBS is used to create a time-phased project budget where actual data is collected to generate project performance measurements. The PDT identified logical relationships and constraints between tasks, and this information is entered into Primavera. Project milestones are also entered included in Primavera. Appendix A shows the initial schedule developed for the project. The project schedule provides a tabular and graphical representation of predicted tasks, milestones, dependencies, resource requirements, task duration, and deadlines. Mary Rhodes Pump Station 17 CAP Section 14 5.1. Study Milestone Schedule The following table shows the milestone and dates for this feasibility phase. Table 2. Feasibility Phase Milestones Milestone Code Major Project Milestones Estimated Schedule CW040 PMP Approval 2nd Qtr. FY21 CW035 Post Peer Review 2nd Qtr. FY21 CW130 FCSA Execution* 2nd Qtr. FY21 CW140 Start Feasibility Phase 2nd Qtr. FY21 CW262 Tentative Selected Plan Meeting 3rd Qtr. FY21 CW250 Agency Technical Review 4th Qtr. FY21 CW170 Approval of Final CAP Decision Document** 1st Qtr. FY22 * Recommended points for public outreach. ** The team has opportunity to complete the report in FY2021. A detailed study schedule which incorporates the above milestones will be developed for the Decision Document. The project network analysis and baseline schedule will be utilized by the Project Manager and technical study team members in assessing the study progress and to prepare required management reports. 6. RESPONSIBILITY ASSIGNMENT 6.1. Team Member Identification and Responsibilities Following receipt of funding for the study, the inter-disciplinary project delivery team was formed to evaluate the problems and needs in the study area, coordinate the scope of the Feasibility Report, and conduct all required analysis and prepare all required products for review and approval of the Detailed Project Report. The team consists of planning, environmental, and engineering representatives, but can be expanded to include personnel from all technical disciplines necessary to conduct and complete the report. Led by the Project Manager, team members will meet on a periodic basis to discuss specific work tasks, schedules, progress, and overall project status, as required. The team, which includes the sponsor, will also participate in field trips and meetings with stakeholders, the public and other agencies, as required. An Agency Technical Review (ATR) Team will be formed. ATR team members will be selected based on their experience and technical expertise, relevant to the needed Detailed Project Report components. All ATR Team members will have extensive experience and be considered senior specialists. The ATR Team will be provided with complete project development documentation and conduct their reviews with complete independence. It is anticipated that the ATR Team will have five members. Table 3. Project Delivery Team Members. Mary Rhodes Pump Station 18 CAP Section 14 Name Role District Phone / Cell Email Lj Francis City Project Manager NFS 361-826-1872 LarijaiF@cctexas.com Reuben Trevino Project Manager SWG M3H0200 409-926-1329 reuben.trevino2@usace.army.mil Erika Pemerton Scheduler SWG M3H0100 409-766-3038 254-368-6361 erika.a.pemerton@usace.army.mil Wanda Hollman Program Analyst SWG M3H0100 832-616-6579 wanda.v.hollman@usace.army.mil Jessica Agrella Real Estate Specialist SWG M3N0800 409-766-3115 832-715-2884 Jessica.A.Agrella@usace.army.mil Brandon Ford Environmental Specialist SWF M2K1120 409-766-3079 850-774-3767 christopher.b.ford@usace.army.mil Natalie Garrett Planner SWF M2K1440 501-324-5602 501-257-0644 Natalie.S.Garrett@usace.army.mil Norm Lewis Economist SWF M2K1430 (817) 886-1798 Norman.M.Lewis@usace.army.mil Amanda Pesce Archeologist SWF M2K1110 817-886-1898 amanda.k.pesce@usace.army.mil Hollie Eljizi HTRW SWF M2K1110 (817) 886-1687 Hollie.M.Eljizi@usace.army.mil Quinton Johnson Lead Engineer/ Civil Engineer SWG M3L1111 (251) 459-2794 (409) 766-3832 Quinton.K.Johnson@usace.army.mil Amanda Hafemeister H&H SWG M3L1252 (409) 766-6333 Amanda.N.Hafemeister@usace.army.mil Ratnam Tharmendira Geotech SWG M3L1120 409-766-3090 409-750-2730 Ratnam.I.Tharmendira@usace.army.mil Sarah Xie-Desoto Cost Engineer SWG M3L1150 409-766-3172 281-703-1689 sarah.h.xie-desoto@usace.army.mil Ignacio Toledo- Rodriguez Structural Engineer SWG M3L1121 (409) 766-3170 Ignacio.M.Toledo-Rodriguez@usace.army.mil Alex Petty Counsel (Chief) SWG 409-766-3191 409-370-7361 alex.petty@usace.army.mil 7. COMMUNICATIONS PLAN Throughout the project phases, the Corps will be in contact with the non-Federal sponsor, and other entities with potential interest in the study to apprise them of study status and receive input on problems and needs of interest for Federal consideration. Further coordination will be held during refinement of the scope and costs of the current feasibility phase effort and the responsible entities for accomplishment of tasks. During the conduct of the feasibility phase, regular meetings and coordination will occur to review the progress of study efforts, conduct public involvement activities, if needed, as outlined in this PMP, and set direction for further efforts. Mary Rhodes Pump Station 19 CAP Section 14 8. REPORTING REQUIREMENTS Informal reporting of field trips, telephone conversations, meeting minutes, etc. will be recorded in writing by the PDT member, provided to the PM who will distribute as necessary. Formal communication will be documented in Memoranda or letters as appropriate. Project status will be reported to the District Project Review Board monthly. All upward reporting will be in accordance with Engineering Regulation 5-1-1, Project Delivery Business Process. 9. PROJECT QUALITY CONTROL PLAN The project manager and the team develop and implement the PMP. All feasibility reports required review, and the subject report will be approved at the Division level with Agency Technical Review (ATR) performed by USACE personnel external to the Galveston District and the Project Delivery Team. The Agency Technical Review confirms the proper selection and application of clearly established criteria, regulations, laws, codes, principles, and professional procedures. The ATR also confirms the utilization of clearly justified and valid assumptions. Policy compliance review examines the development and application of decision factors and assumptions used to determine the extent and nature of Federal interest, project cost sharing and cooperation requirements, and related issues. It also ensures the uniform application of clearly established policy and procedures nationwide, and that the proposed action is consistent with the overall goals and objectives of the USACE Civil Works program. Responsibility of the District Commander • Certifies Statement of Technical Review. Responsibilities of the District Branch/Section Chiefs • Select technical review team members. • Assist in the resolution of review comments elevated by the project manager. Responsibilities of the Chief of Planning • Approve selection of technical review team members. • Final arbiter of unresolved issues between the study and review teams. • Certifies the District Engineer’s Statement of Technical Review Responsibility of District Counsel – Legal review/certification. Responsibilities of the Project Manager • Be the primary point of contact with the non-federal sponsor on all matter pertaining to this project in accordance with Engineering Regulation 5-1-1, Project Delivery Business Process. • Develop the PMP and the Peer Review Plan with the PDT and the ATR Team Leader. • Keep the PDT and ATR Team Leader informed concerning study progress and the availability of items and findings to be reviewed. Mary Rhodes Pump Station 20 CAP Section 14 • Ensure that ATR review team comments are addressed in a timely manner by the appropriate PDT member. • Elevate unresolved comments up the chain of command for resolution. • Maintain a documented record of comment resolution. Responsibilities of the Project Delivery Team • Develop and evaluate alternative plans. • Address ATR review comments in a timely manner. • Assist the Project Manager and Agency Technical Review Team Leader. Responsibilities of the ATR Team Leader • Develop the Peer Review Plan with the Project Manager. • Facilitate requests for review team members through the functional chiefs. • Verify the expertise and experience of the review team nominees and assure their independence. • Evaluate review team comments before forwarding to the project manager to ensure that they are: clearly stated; based on guidance, regulation, or scientific/engineering principles; significant; and contain specific action to resolve the concern. • Ensure that reviews are promptly completed and forwarded to the project manager in a timely manner. 10. CHANGE MANAGEMENT PLAN The PM is primarily responsible for controlling project changes. The PM manages the project to comply with the approved/baselined schedule and coordinates with the NFSs to ensure concurrence of any major changes. The goal is to complete the project in accordance with the approved schedule and within currently estimated costs and to ensure the NFSs are aware of project changes in scope, time, and budget. The entire PDT is responsible for identifying and justifying the need for changes to the schedule, costs, and for initiating requests for approval of such changes. Any office requesting a change will identify to the PM the anticipated schedule and cost impacts of the requested change. The PM is responsible for ensuring the recommended change is properly evaluated by the PDT for coordinating change approvals, managing the project schedule and cost change requests, and is accountable for documenting impacts resulting from the change as part of approval process. Following the District’s Change Control Process, the PM is authorized to modify the project schedule and adjust project costs to accommodate changing conditions in a timely and responsive manner. The PDT is responsible for determining when amendments or modifications to this PMP are required. PDT members are responsible for monitoring their work items and identifying when changes are necessary. Significant changes, those impacting milestones, will require the generation of a Change Control Request (CCR) form and request leadership approval. Changes that do not impact milestones or cause substantial increases in project costs do not require a CCR Mary Rhodes Pump Station 21 CAP Section 14 nor leadership approval but still requires leadership to be informed as needed. 10.1. Change Control Requests Change Requests can be presented in the form of verbal or informal requests; however, as a best practice proposed changes will be formally recorded in order to facilitate the understanding of the intent of the proposed change. A Change Control Request form must be completed when the PDT identifies potential changes that may affect project or contract scope, milestones schedule, and costs. The PDT is responsible for evaluating the request to ensure impacts are thoroughly discussed and identified on the form. Schedule re-baseline is not authorized unless there is an approved CCR or at the yearly cycles approved by leadership. The CCR form provides a means of documenting the impact of proposed changes and provides the rationale for approving changes. Figure 2. Image of the CCR form used in the Galveston District. 11. RISK ASSESSMENT This project was initiated for the emergency response to riverine erosion that threatens critical infrastructure. The risk exists that continued erosion could compromise the critical infrastructure prior to completion of this study, or completion of any recommended alternative. This risk will be mitigated by continued site surveillance and contingency planning by the local sponsor. 12. PROJECT ACQUISITION PLAN There are no needs/requirements to prepare an Acquisition Plan for the preparation of the Detailed Project Report. The team will prepare an acquisition plan in accordance with Federal Acquisition Regulations (FAR) once the project is in the Design Phase, following the execution of a Project Partnership Agreement, in anticipation of procurement of construction contract(s) and to assure that services and construction acquired as part of the project are accomplished in a timely manner and at a reasonable cost using full and open competition. It is anticipated that a construction contract will be a fixed price, competitive procurement. Plans and Specifications will be prepared by in-house hired labor. Mary Rhodes Pump Station 22 CAP Section 14 13. SAFETY AND OCCUPATIONAL HEALTH PLAN Maintaining the safety and health of employees and the public is paramount in performing USACE mission. Teams are required to implement the requirements in Safety and Occupational Health Plan in Engineering Manual (EM) 385‐1‐1, US Army Corps of Engineers Safety and Health Requirements Manual, and requirements of PL 101‐336, the Americans with Disability Act of 1990. Field activities that are part of the feasibility phase, construction, field data collection, and site investigation support have inherent risks that must be fully mitigated and controlled through appropriate engineering methods, processes, and safeguards. The construction safety management program is covered in EM 385-1-1, Section 1, and will be adhered to the project. In addition, when the project is in construction phase, the requirements in EP 415-1-260, USACE Resident Engineer’s Management Guide, will be used for guidance on project safety and health management activities. The construction safety and health plan shall address how SOHO measures will be integrated into the process to assure safety requirements are adhere to. It shall include safety and health responsibilities, safety and health stands, requirements and criteria, and hazard analysis requirements, how safety and health shall be accomplished, independent SOHO technical reviews, and any safety and health testing/assessment requirements. Mary Rhodes Pump Station 23 CAP Section 14 APPENDIX A. PROJECT SCHEDULE Mary Rhodes Pump Station 24 CAP Section 14 Mary Rhodes Pump Station 25 CAP Section 14 AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY OF CORPUS CHRISTI FOR THE MARY RHODES PUMP STATION THIS AGREEMENT is entered into this ________ day of ________, ____, by and between the Department of the Army (hereinafter the “Government”), represented by the District Commander for Galveston District (hereinafter the “District Commander”) and the City of Corpus Christi (hereinafter the “Non-Federal Sponsor”), represented by the City Manager. WITNESSETH, THAT: WHEREAS, Section 14 of the Flood Control Act of 1946 (P.L. 79-526) as amended, Emergency Streambank and Shoreline Protection authorizes the Mary Rhodes Pump Station study to investigate solutions to address the on-going erosion along the Colorado River threatening the communities water intake infrastructure; WHEREAS, Section 105(a) of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2215(a)), specifies the cost-sharing requirements; and WHEREAS, the Government and the Non-Federal Sponsor have the full authority and capability to perform in accordance with the terms of this Agreement. NOW, THEREFORE, the parties agree as follows: ARTICLE I - DEFINITIONS A. The term “Study” means the activities and tasks required to identify and evaluate alternatives and the preparation of a decision document that, as appropriate, recommends a coordinated and implementable solution for addressing the on-going erosion along the Colorado River threatening public infrastructure at Bay City, Texas. B. The term “shared study costs” means all costs incurred by the Government and Non- Federal Sponsor after the effective date of this Agreement that are directly related to performance of the Study and cost shared in accordance with the terms of this Agreement. The term includes, but is not necessarily limited to: the Government’s costs for preparing the PMP; for plan formulation and evaluation, including costs for economic, engineering, real estate, and environmental analyses; for preparation of a floodplain management plan if undertaken as part of the Study; for preparing and processing the decision document; for supervision and administration; for Agency Technical Review and other review processes required by the Government; and for response to any required Independent External Peer Review; and the Non-Federal Sponsor’s creditable costs for Attachment in-kind contributions, if any. The term does not include any costs for dispute resolution; participation by the Government and Non-Federal Sponsor in the Study Coordination Team to discuss significant issues and actions; audits; an Independent External Peer Review panel, if required; or negotiating this Agreement. The term also does not include the first $100,000 of costs for the Study incurred by the Government, whether before or after execution of this Agreement. C. The term “PMP” means the project management plan, and any modifications thereto, developed in consultation with the Non-Federal Sponsor, that specifies the scope, cost, and schedule for Study activities and tasks, including the Non-Federal Sponsor’s in-kind contributions, and that guides the performance of the Study. D. The term “in-kind contributions” means those planning activities (including data collection and other services) that are integral to the Study and would otherwise have been undertaken by the Government for the Study and that are identified in the PMP and performed or provided by the Non-Federal Sponsor after the effective date of this Agreement and in accordance with the PMP. E. The term “maximum Federal study cost” means the $1,500,000 Federal cost limit for the Study, unless the Government has approved a higher amount, and includes the first $100,000 of costs for the Study incurred by the Government. F. The term “fiscal year” means one year beginning on October 1st and ending on September 30th of the following year. ARTICLE II - OBLIGATIONS OF THE PARTIES A. In accordance with Federal laws, regulations, and policies, the Government shall conduct the Study using funds appropriated by the Congress and funds provided by the Non- Federal Sponsor. In carrying out its obligations under this Agreement, the Non-Federal Sponsor shall comply with all the requirements of applicable Federal laws and implementing regulations. B. The Non-Federal Sponsor shall contribute 50 percent of shared study costs in accordance with the provisions of this paragraph and provide required funds in accordance with Article III. 1. After considering the estimated amount of credit for in-kind contributions, if any, that will be afforded in accordance with paragraph C. of this Article and the first $100,000 of the costs incurred by the Government that are excluded from shared costs, the Government shall provide the Non-Federal Sponsor with a written estimate of the amount of funds required from the Non-Federal Sponsor to meet its share of shared study costs for the remainder of the initial fiscal year of the Study. No later than 15 calendar days after such notification, the Non- Federal Sponsor shall provide the full amount of such funds to the Government. 2. No later than August 1st prior to each subsequent fiscal year of the Study, the Government shall provide the Non-Federal Sponsor with a written estimate of the amount of Attachment funds required from the Non-Federal Sponsor during that fiscal year to meet its cost share. No later than September 1st prior to that fiscal year, the Non-Federal Sponsor shall provide the full amount of such required funds to the Government. C. The Government shall include in shared study costs and credit towards the Non- Federal Sponsor’s share of such costs, the costs, documented to the satisfaction of the Government, that the Non-Federal Sponsor incurs in providing or performing in-kind contributions, including associated supervision and administration, after the effective date of this Agreement. Such costs shall be subject to audit in accordance with Article VI to determine reasonableness, allocability, and allowability, and crediting shall be in accordance with the following procedures, requirements, and limitations: 1. As in-kind contributions are completed and no later than 60 calendar day after such completion, the Non-Federal Sponsor shall provide the Government appropriate documentation, including invoices and certification of specific payments to contractors, suppliers, and the Non-Federal Sponsor’s employees. Failure to provide such documentation in a timely manner may result in denial of credit. The amount of credit afforded for in-kind contributions shall not exceed the Non-Federal Sponsor’s share of shared study costs. 2. No credit shall be afforded for interest charges, or any adjustment to reflect changes in price levels between the time the in-kind contributions are completed and credit is afforded; for the value of in-kind contributions obtained at no cost to the Non-Federal Sponsor; for any items provided or performed prior to completion of the PMP; or for costs that exceed the Government’s estimate of the cost for such item if it had been performed by the Government. D. To the extent practicable and in accordance with Federal laws, regulations, and policies, the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on solicitations for contracts prior to the Government’s issuance of such solicitations; proposed contract modifications, including change orders; and contract claims prior to resolution thereof. Ultimately, the contents of solicitations, award of contracts, execution of contract modifications, and resolution of contract claims shall be exclusively within the control of the Government. E. The Non-Federal Sponsor shall not use Federal program funds to meet any of its obligations under this Agreement unless the Federal agency providing the funds verifies in writing that the funds are authorized to be used for the Study. Federal program funds are those funds provided by a Federal agency, plus any non-Federal contribution required as a matching share therefor. F. Except as provided in paragraph C. of this Article, the Non-Federal Sponsor shall not be entitled to any credit or reimbursement for costs it incurs in performing its responsibilities under this Agreement. G. If Independent External Peer Review (IEPR) is required for the Study, the Government shall conduct such review in accordance with Federal laws, regulations, and policies. The Attachment Government’s costs for an IEPR panel shall not be included in shared study costs or the maximum Federal study cost. H. In addition to the ongoing, regular discussions of the parties in the delivery of the Study, the Government and the Non-Federal Sponsor may establish a Study Coordination Team to discuss significant issues or actions. The Government’s costs for participation on the Study Coordination Team shall not be included in the shared study costs, but shall be included in calculating the maximum Federal study cost. The Non-Federal Sponsor’s costs for participation on the Study Coordination Team shall not be included in shared study costs and shall be paid solely by the Non-Federal Sponsor without reimbursement or credit by the Government. ARTICLE III - PAYMENT OF FUNDS A. As of the effective date of this Agreement, shared study costs are projected to be $285,000, with the Government’s share of such costs projected to be $192,500 and the Non- Federal Sponsor’s share of such costs projected to be $92,500. These amounts are estimates only that are subject to adjustment by the Government and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. B. The Government shall provide the Non-Federal Sponsor with monthly reports setting forth the estimated shared study costs and the Government’s and Non-Federal Sponsor’s estimated shares of such costs; costs incurred by the Government, using both Federal and Non- Federal Sponsor funds, to date; the amount of funds provided by the Non-Federal Sponsor to date; the estimated amount of any creditable in-kind contributions; and the estimated remaining cost of the Study. C. The Non-Federal Sponsor shall provide to the Government required funds by delivering a check payable to “FAO, USAED, Galveston District (M3)” to the District Commander, or verifying to the satisfaction of the Government that the Non-Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsor, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. D. The Government shall draw from the funds provided by the Non-Federal Sponsor to cover the non-Federal share of shared study costs as those costs are incurred. If the Government determines at any time that additional funds are needed from the Non-Federal Sponsor to cover the Non-Federal Sponsor’s required share of shared study costs, the Government shall provide the Non-Federal Sponsor with written notice of the amount of additional funds required. Within 60 calendar days of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional funds. E. Upon completion of the Study and resolution of all relevant claims and appeals, the Government shall conduct a final accounting and furnish the Non-Federal Sponsor with the written results of such final accounting. Should the final accounting determine that additional funds are required from the Non-Federal Sponsor, the Non-Federal Sponsor, within 60 calendar Attachment days of written notice from the Government, shall provide the Government with the full amount of such additional funds. Should the final accounting determine that the Non-Federal Sponsor has provided funds in excess of its required amount, the Government shall refund the excess amount, subject to the availability of funds. Such final accounting does not limit the Non- Federal Sponsor's responsibility to pay its share of shared study costs, including contract claims or any other liability that may become known after the final accounting. ARTICLE IV - TERMINATION OR SUSPENSION A. Upon 30 calendar days written notice to the other party, either party may elect at any time, without penalty, to suspend or terminate future performance of the Study. Furthermore, unless an extension is approved by the Assistant Secretary of the Army (Civil Works), the Study may be terminated if a Detailed Project Report is not completed for the Study within 3 years after the effective date of this Agreement. B. In the event of termination, the parties shall conclude their activities relating to the Study. To provide for this eventuality, the Government may reserve a percentage of available funds as a contingency to pay the costs of termination, including any costs of resolution of contract claims, and resolution of contract modifications. C. Any suspension or termination shall not relieve the parties of liability for any obligation incurred. Any delinquent payment owed by the Non-Federal Sponsor pursuant to this Agreement shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE V - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other part y in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VI - MAINTENANCE OF RECORDS AND AUDIT A. The parties shall develop procedures for the maintenance by the Non-Federal Sponsor of books, records, documents, or other evidence pertaining to costs and expenses for a minimum Attachment of three years after the final accounting. The Non-Federal Sponsor shall assure that such materials are reasonably available for examination, audit, or reproduction by the Government. B. The Government may conduct, or arrange for the conduct of, audits of the Study. Government audits shall be conducted in accordance with applicable Government cost principles and regulations. The Government’s costs of audits for the Study shall not be included in shared study costs, but shall be included in calculating the maximum Federal study cost. C. To the extent permitted under applicable Federal laws and regulations, the Government shall allow the Non-Federal Sponsor to inspect books, records, documents, or other evidence pertaining to costs and expenses maintained by the Government, or at the request of the Non-Federal Sponsor, provide to the Non-Federal Sponsor or independent auditors any such information necessary to enable an audit of the Non-Federal Sponsor’s activities under this Agreement. The costs of non-Federal audits shall be paid solely by the Non-Federal Sponsor without reimbursement or credit by the Government. ARTICLE VII - RELATIONSHIP OF PARTIES In the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. Neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights a party may have to seek relief or redress against that contractor. ARTICLE VIII - NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by certified mail, with return receipt, as follows: If to the Non-Federal Sponsor: Director of Engineering Services City of Corpus Christi 1201 Leopard St, 3rd Floor Corpus Christi, TX 78401 If to the Government: District Commander USACE Galveston District P.O. Box 1229 Galveston, TX 77553 B. A party may change the recipient or address for such communications by giving written notice to the other party in the manner provided in this Article. Attachment ARTICLE IX - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE X - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not a party to this Agreement. ARTICLE XI - OBLIGATIONS OF FUTURE APPROPRIATIONS The Non-Federal Sponsor intends to fulfill fully its obligations under this Agreement. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the City of Corpus Christi City Council, where creating such an obligation would be inconsistent with Article III, Section 52(a) of the Texas Constitution. If the Non-Federal Sponsor is unable to, or does not, fulfill its obligations under this Agreement, the Government may exercise any legal rights it has to protect the Government’s interests. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Commander. DEPARTMENT OF THE ARMY CITY OF CORPUS CHRISTI BY: __________________________ BY: __________________________ TIMOTHY R. VAIL Michael Rodriguez COLONEL, U.S. Army Chief of Staff District Commander DATE: _________________________ DATE: ________________________ CERTIFICATION REGARDING LOBBYING 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 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 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 31 U.S.C. 1352. 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. Jeff H. Edmonds, P.E. Director of Engineering Services DATE: 2/09/2021 February 9, 2021 District Engineer U.S. Army Corps of Engineers Attn: Planning Chief 2000 Fort Point Rd Galveston, Texas 77553 Dear Sir or Madam: This letter is to request the assistance of the U.S. Army Corps of Engineers under Section 14 of the Flood Control Act of 1946, as amended, in protecting the Mary Rhodes Pump Station from damage from streambank erosion in the vicinity of Bay City, Texas The City of Corpus Christi has dealt with significant streambank erosion along the portion of the Colorado River at the Mary Rhodes Pump Station. As such, infrastructure is being threatened. The project site begins approximately 1,000 feet upstream of the Mary Rhodes Pump Station and continues downstream for approximately another 1,000 feet, making the total length of the project approximately 2,400 feet. The project is located along the portion of the streambank upstream of the Texas State Highway 35 Bridge, which crosses over the Colorado River west of Bay City in Matagorda County. The Mary Rhodes Pump Station provides fresh water to the citizens of Corpus Christi and surrounding area. We understand that as a local sponsor under the Section 14 program, we are responsible for 50 percent of feasibility study costs exceeding $100,000 in Federal expenditures and 35 percent of project design and construction costs if a feasible plan is identified. We acknowledge that the cost share contribution can be in the form of “in-kind” services that contribute a direct component to the study, cash or a combination. Our cost share obligation would include provision of all lands, easements, rights-of-way, relocations, and dredged material disposal areas required for the project. We intend to pursue budgetary actions so that funds are available to meet our cost sharing requirements. We would assume responsibility for operation and maintenance of the project upon completion. The City of Corpus Christi has designated Larijai Francis, P.E. (361) 826-1872 as the point of contact for this project. Sincerely, Jeff H. Edmonds, P.E. Director of Engineering Services ENGINEERING SERVICES PO Box 9277 Corpus Christi, Texas 78469-9277 1201 Leopard Street 3rd Floor Corpus Christi, Texas 78401 Phone 361-826-3500 Fax 361-826-3501 www.cctexas.com Construction Inspection 4917 Holly Rd., Bldg. 5 Corpus Christi, Texas 78411 Phone 361-826-3555 Fax 361-826-3520 CCapital Improvement Plan City of Corpus Chris ti, Texas 2019 2023thru Description This project includes various required improvements to Mary Rhodes Phase 2 pumping system. Improvements include, but are not limited to river bank stabilization due to natural erosion and other improvements as identified in condition assessment report. Project #20105A Priority 1 Critical-Health & Safety Justification Consistency with the Comprehensive Plan: Policy Statements pp. 48: 1,3 & 6; pp. 55-57; Water Master Plan This project will improve pipeline efficiencies, reliability, and reduce costs. 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 Mary Rhodes Pipeline Ph.2 System Improvements Category Water Supply Type Improvement/Additions Contact Director of Water Utilities Department Water Supply Status Active Total2019 2020 2021 2022 2023Expenditures 1,700,0001,700,000Construction/Rehab 100,000100,000Inspection 50,00050,000Design 135,000135,000Contingency 12,00012,000Engineering Svc 3,0003,000Admin Reimbursement 2,000,000 2,000,000Total Total2019 2020 2021 2022 2023Funding Sources 2,000,0002,000,000Revenue Bonds 2,000,000 2,000,000Total 637 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 30, 2021 Second Reading Ordinance for the City Council Meeting of April 13, 2021 DATE: March 30, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Charles Mendoza, Deputy Director of Asset Management CharlesM2@cctexas.com (361) 826-1941 CAPTION: Ordinance awarding a construction contract to EMR Elevator Inc, Corpus Christi, Texas, for the replacement and upgrade of the four City Hall elevators machinery and equipment, located in Council District 1, in an amount not to exceed $1,047,740.00; amending the Capital Improvement Program (CIP) and Capital Budget, and appropriating $1,250,000.00 to the Facility Maintenance CIP Fund. SUMMARY: This item awards a construction contract for the renovations of the City Hall elevators. The existing elevators were installed when the building was built over 20 years ago. The components of the elevators have reached their useful operational life and need to be replaced and updated to meet current safety requirements. This project includes the replacement and upgrade of the machinery and equipment necessary for the safe operation of the elevators. This item will amend the CIP and Capital Budget to include the City Hall Elevator Renovations. BACKGROUND AND PURPOSE: The Corpus Christi City Hall elevators, three passenger and one freight elevator, were constructed with the building more than 20 years ago. The typical service life for elevators is 20 to 25 years and therefore they have exhausted their serviceable life. The City has been repairing the elevators through service and maintenance contracts for several years to keep them operational. In 2020, the elevators were out of operation and in need of service three times; and in 2019, they were out of service at least twice. After the last time the elevators were out of operation, the Asset Management Department was informed by the maintenance contractor, EMR Elevator, Inc., that regular Construction Contract City Hall Elevator Renovations maintenance and service cannot keep the elevators operational without a major upgrade to equipment. During inspection of the elevators in 2020, the maintenance contractor found safety related issues with the machines due to the age and condition of the equipment and therefore the elevators had to be shut down for repairs. The City was informed by EMR Elevator, Inc., that with the upcoming five-year State inspection in June 2021, the elevators will fail the inspection and have to be shut down once again. At that time, the existing elevator mechanisms may not be repairable. The City Hall elevators have reached their safe and serviceable life expectancy. The elevator renovation is required to provide a safe way for the public and staff to access the building. This project will include installing updated machinery and equipment necessary to safely operate the elevators, make the elevators serviceable, and comply with codes and regulations. The work will include upgraded built-in emergency brakes and modernization to the elevator interiors. The renovations will meet ADA and Texas Architectural Barriers accessibility requirements. Additionally, there will be cost savings from not having to call the maintenance contractor for additional parts, repairs, and after hours calls. PROJECT TIMELINE: 2021 2022 F M A M J J A S O N D J F M A M Bid / Award Construction Project schedule reflects City Council award in March 2021 with anticipated construction completion by May 2022. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on December 22, 2020, however all bids received were determined to be non-conforming and all were rejected. The Contracts and Procurement Department issued a second Request for Bids on January 25, 2021. The City received bids from two bidders. The City analyzed the bids in accordance with the contract documents and determined EMR Elevator Inc. is the lowest responsive and responsible bidder. The bid results are summarized below BID SUMMARY CONTRACTOR BASE BID EMR Elevator Inc. $1,047,740.00 ThyssenKrupp Elevator Inc. $1,233,036.78 Engineer’s Opinion of Probable Construction Cost $935,900.00 EMR Elevator Inc. has been servicing and renovating many of the elevators in buildings owned by the City for several years and is deemed competent to complete this project. Most recently they renovated the elevator for Frost Bank located at 2406 Leopard Street and for the Health Department and Museum of Science and History. ALTERNATIVES: City Council could instruct staff to reject the bids and provide direction to re-advertise, which is not likely to produce a better value given that this project has been bid twice already with similar results both times. This would also postpone the required and work and the elevators will be out of operation for a significant amount of time. FISCAL IMPACT: The project to replace the City Hall elevators was not included in the approved Fiscal Year 2021 Capital Budget but became apparent in the Fall of 2020. The three passenger elevators and one freight elevator at City Hall are in need of a complete overhaul in order to pass inspection. This Agenda Item adds the project to the FY 2021 Capital Budget and appropriates the funds. The City plans on paying for this project through the issuance of Certificates of Obligation in late spring of 2021. At the March 16, 2021 City Council meeting, the City Council approved a Resolution allowing the City to reimburse itself for costs incurred prior to the actual issuance of the Certificates of Obligation. This Agenda Item appropriates the total estimated budgeted cost for this project of $1,250,00.00 in Certificates of Obligation to the Facility Maintenance CIP Fund of which $1,047,740.00 will be used for the construction contract with EMR Elevator Inc. FUNDING DETAIL: The CIP and Capital Budget will be amended to include the City Hall Elevator Renovations project with funding available from Certificates of Obligation. The monies will be transferred to the Facility Maintenance CIP fund. Fund: 2021COFacMntCIP (Fund 3166) Mission Elem: Facilities (191) Project: City Hall Elevator Renovations (21099) Account: Construction (550910) Activity: 21099-3166-EXP Amount $1,047,740.00 RECOMMENDATION: Staff recommends awarding a construction contract for City Hall Elevator Renovations. LIST OF SUPPORTING DOCUMENTS: Location Maps Contract Bid Tab Ordinance awarding a construction contract to EMR Elevator Inc, Corpus Christi, Texas, for the replacement and upgrade of the four City Hall elevators machinery and equipment, located in Council District 1, in an amount not to exceed $1,047,740.00; amending the Capital Improvement Program (CIP) and Capital Budget, and appropriating $1,250,000.00 to the Facility Maintenance CIP Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to appropriate $1,250,000 and increase revenues and expenditures by $1,250,000. SECTION 2. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to add the City Hall Elevator Refurbishment Project. SECTION 3. The City Manager or designee is authorized to execute a contract with EMR Elevator, Inc. of Corpus Christi, Texas, in the amount of $1,047,740 for the City Hall Elevator Refurbishment Project. 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 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY HALL ELEVATOR REFURBISHMENT VICINITY MAP NOT TO SCALE PROJECT NUMBER: E16422 PROJECT LOCATION PROJECT LOCATION LOCATION MAP NOT TO SCALE N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY HALL ELEVATOR REFURBISHMENT AERIAL MAP NOT TO SCALE PROJECT NUMBER: E16422 LIPAN PROJECT LOCATION LEOPARD STAPLESCROSSTOWN EXPRESSWAYIH 37 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT REQUEST FOR BIDS (“RFB”) CITY HALL ELEVATOR REHABILITATION PROJECT NO. E16422 CONTRACT NO.3455 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Table of Contents 00 01 00 ‐ 1 E16422| City Hall Elevator Refurbish Rev 7/2020 00 01 00 TABLE OF CONTENTS Division / Section Title 00 01 00 Table of Contents 00 01 15 List of Drawings Division 00 Contracting Requirements 00 52 23 Agreement (Rev 8‐2019) 00 72 00 General Conditions (Rev 8‐2019) 00 73 00 Supplementary Conditions (Rev 8‐2019) Division 01 General Requirements 01 11 00 Summary of Work (Rev 10‐2018) 01 23 10 Alternates and Allowances (Rev 10‐2018) 01 29 01 Measurement and Basis for Payment (Rev 8‐2019) 01 33 01 Submittal Register (Rev 10‐2018) 01 35 00 Special Procedures (Rev 10‐2018) 01 50 00 Temporary Facilities and Controls (Rev 8‐2019) 01 57 00 Temporary Controls (Rev 8‐2019) Part T Technical Specifications 07 84 00‐T Firestopping 09 30 00‐T Tiling 09 90 00‐T Painting and Coating 14 27 13‐T Custom Elevator Cab Finishes 14 41 00‐T Electric Traction elevator Alterations END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Agreement 00 52 23 ‐ 1 E16422| City Hall Elevator Refurbish Rev 7/2020 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and (Contractor). Owner and Contractor agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: City Hall elevator Refurbish E16422 ARTICLE 2 – DESIGNER AND OWNER’S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Dykema Architects, Inc. 800 N. Shoreline Blvd. Suite #400N Corpus Christi, Tx 78401 jdykema@dykema‐architects.com 2.02 The Owner’s Authorized Representative for this Project is: Brett Van Hazel, PMP City of Corpus Christi ‐ Engineering Services 4917 Holly Road, Bldg. #5 Corpus Christi, Texas 78411 ARTICLE 3 – CONTRACT TIMES 3.01 Contract Times A.The Work is required to be substantially completed within 395 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 425 days after the date when the Contract Times commence to run. B.Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. EMR Elevator, Inc. 2320 Michigan CT. Arlington,Texas 76016 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Agreement 00 52 23 ‐ 2 E16422| City Hall Elevator Refurbish Rev 7/2020 3.02 Liquidated Damages A.Owner and Contractor recognize that time limits for specified, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1.Substantial Completion: Contractor shall pay Owner $400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2.Completion of the Remaining Work: Contractor agrees to pay Owner $400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3.Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4.The Owner will determine whether the Work has been completed within the Contract Times. B.Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 – CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ ARTICLE 5 – PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A.The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. 1,047,740.00 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Agreement 00 52 23 ‐ 3 E16422| City Hall Elevator Refurbish Rev 7/2020 B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set‐offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner’s option, retainage may be increased to a higher p ercentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substanti al Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner’s option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR’s estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 – INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Agreement 00 52 23 ‐ 4 E16422| City Hall Elevator Refurbish Rev 7/2020 D. The Contractor has carefully studied the following Site‐related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor’s safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Agreement 00 52 23 ‐ 5 E16422| City Hall Elevator Refurbish Rev 7/2020 M.CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER’S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 – ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor’s fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents: A.The Contract Documents consist of the following: 1.Exhibits to this Agreement: Contractor’s Bid Form. 2.Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3.Drawings listed in the Sheet Index. 4.Solicitation documents and Contractor’s response, which are incorporated by reference. 5.Addenda, which are incorporated by reference. 6.Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award, which is incorporated by reference. B.There are no Contract Documents other than those listed above in this Article. C.The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10 – CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff __________________________ AUTHORIZED BY COUNCIL ___________________________ DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Agreement 00 52 23 ‐ 6 E16422| City Hall Elevator Refurbish Rev 7/2020 Assistant City Attorney ATTEST (IF CORPORATION) EMR ELEVATOR, INC (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: Address City State Zip Phone Fax EMail END OF SECTION APPROVED AS TO LEGAL FORM: 2320 Michigan Court Arlington Texas 76016 817-701-2400 hope.evans@emrelevator.com DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF X President DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF PROJECT: RE-BID CITY HALL ELEVATOR REHABILITATION BIDDER: EMR Elevator, INC TOTAL BID: $1,047,740.00 COMPLETION TIME: Not Required BIDDER INFO: 2320 Michigan Court Arlington,TX 76016 P: 8177012400 F: 8177012404 CIVCAST RE-BID CITY HALL ELEVATOR REHABILITATION Report Created On: 2/25/21 2:31:46 PMDocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF BID TOTALS BASE BID Total General $34,079.00 Passenger Elevators $651,646.00 Service Elevator $239,094.00 Electrical Service Cnnection and Reroute $34,921.00 Allowances $88,000.00 Total $1,047,740.00 General No.Description Unit Qty Unit Price Ext Price A1 Monilization (Not to exceed 5%)Lump Sum 1 $0.00 $0.00 A2 Bonds and Insurance Allowan ce 1 $34,079.00 $34,079.00 Subtotal: $34,079.00 Passenger Elevators No.Description Unit Qty Unit Price Ext Price B1 New Controller Each 3 $48,696.00 $146,088.00 B2 Elevator Hoist Machine Each 3 $39,114.00 $117,342.00 B3 New Motor Each 3 $21,318.00 $63,954.00 B4 New Governor Each 3 $6,432.00 $19,296.00 B5 New Leveling Devices Each 3 $5,824.00 $17,472.00 B6 Fireman Service Each 3 $4,531.00 $13,593.00 B7 Hoistway Work as Specified Each 3 $13,010.00 $39,030.00 B8 Elevator car work as specified including car doors, contacts, roller guides, and communications Each 3 $25,995.00 $77,985.00 B9 Car finishes (wall panels, ceiling panels, lighting and tile flooring) Each 3 $41,035.00 $123,105.00 B10 Signal Fixtures Each 1 $11,879.00 $11,879.00 CIVCAST RE-BID CITY HALL ELEVATOR REHABILITATION Report Created On: 2/25/21 2:31:46 PMDocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF B11 Floor painting at machine room Each 1 $7,629.00 $7,629.00 B12 Temporary out of order signs Each 7 $2,039.00 $14,273.00 Subtotal: $651,646.00 Service Elevator No.Description Unit Qty Unit Price Ext Price C1 New Controller Each 1 $54,973.00 $54,973.00 C2 Elevator Hoist Machine Each 1 $39,114.00 $39,114.00 C3 New Motor Each 1 $22,318.00 $22,318.00 C4 New Governor Each 1 $7,432.00 $7,432.00 C5 New Leveling Devices Each 1 $6,824.00 $6,824.00 C6 Fireman Service Each 1 $5,531.00 $5,531.00 C7 Hoistway Work as Specified Each 1 $14,029.00 $14,029.00 C8 Elevator car work as specified including car doors, contacts, roller guides, and communications Each 1 $26,995.00 $26,995.00 C9 Car finishes (wall panels, ceiling panels, lighting and tile flooring) Each 1 $42,034.00 $42,034.00 C10 Signal Fixtures Each 1 $11,215.00 $11,215.00 C11 Floor painting at machine room Each 1 $8,629.00 $8,629.00 Subtotal: $239,094.00 Electrical Service Cnnection and Reroute No.Description Unit Qty Unit Price Ext Price D1 Electrical Service Connection and Reroute Lump Sum 1 $34,921.00 $34,921.00 Subtotal: $34,921.00 Allowances No.Description Unit Qty Unit Price Ext Price E1 Unforseen Conditions Allowan ce 1 $80,000.00 $80,000.00 E2 Permits Allowan ce 1 $8,000.00 $8,000.00 CIVCAST RE-BID CITY HALL ELEVATOR REHABILITATION Report Created On: 2/25/21 2:31:46 PMDocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Subtotal: $88,000.00 CIVCAST RE-BID CITY HALL ELEVATOR REHABILITATION Report Created On: 2/25/21 2:31:46 PMDocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF CONTRACT DOCUMENTS FOR CONSTRUCTION OF REBID City Hall Elevator Refurbish PROJECT NUMBER E16422 Dykema Architects, Inc. 800 N. Shoreline Blvd. 01.15.21 Record Drawing Number 836 FINAL CONFORMED SET DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 1 Corpus Christi Standards Rev 2/2020 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 9 1.01 Defined Terms ............................................................................................................................... 9 1.02 Terminology ................................................................................................................................ 14 Article 2 – Preliminary Matters ................................................................................................................... 15 2.01 Delivery of Bonds and Evidence of Insurance ............................................................................. 15 2.02 Copies of Documents .................................................................................................................. 15 2.03 Before Starting Construction ...................................................................................................... 15 2.04 Preconstruction Conference; Designation of Authorized Representatives ................................ 16 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................. 16 3.01 Intent ........................................................................................................................................... 16 3.02 Reference Standards ................................................................................................................... 17 3.03 Reporting and Resolving Discrepancies ...................................................................................... 18 3.04 Interpretation of the Contract Documents ................................................................................. 19 3.05 Reuse of Documents ................................................................................................................... 19 Article 4 – Commencement and Progress of the Work .............................................................................. 19 4.01 Commencement of Contract Times; Notice to Proceed ............................................................. 19 4.02 Starting the Work ........................................................................................................................ 19 4.03 Progress Schedule ....................................................................................................................... 19 4.04 Delays in Contractor’s Progress .................................................................................................. 20 Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions ................................................................................................................................................... 21 5.01 Availability of Lands .................................................................................................................... 21 5.02 Use of Site and Other Areas ........................................................................................................ 21 5.03 Subsurface and Physical Conditions ............................................................................................ 22 5.04 Differing Subsurface or Physical Conditions ............................................................................... 22 5.05 Underground Facilities ................................................................................................................ 24 5.06 Hazardous Environmental Conditions at Site ............................................................................. 25 Article 6 – Bonds and Insurance ................................................................................................................. 27 6.01 Performance, Payment, and Other Bonds .................................................................................. 27 6.02 Licensed Sureties ........................................................................................................................ 27 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 2 Corpus Christi Standards Rev 2/2020 6.03 Required Minimum Insurance Coverage .................................................................................... 28 6.04 General Insurance Provisions ...................................................................................................... 28 6.05 Contractor’s Insurance ................................................................................................................ 29 6.06 Property Insurance ...................................................................................................................... 31 6.07 Waiver of Rights .......................................................................................................................... 33 6.08 Owner’s Insurance for Project .................................................................................................... 33 6.09 Acceptable Evidence of Insurance .............................................................................................. 33 6.10 Certificate of Insurance ............................................................................................................... 34 6.11 Insurance Policies ........................................................................................................................ 34 6.12 Continuing Evidence of Coverage ............................................................................................... 34 6.13 Notices Regarding Insurance ...................................................................................................... 34 6.14 Texas Workers’ Compensation Insurance Required Notice ....................................................... 34 Article 7 – Contractor’s Responsibilities ..................................................................................................... 37 7.01 Supervision and Superintendence .............................................................................................. 37 7.02 Labor; Working Hours ................................................................................................................. 37 7.03 Services, Materials, and Equipment ........................................................................................... 38 7.04 Concerning Subcontractors, Suppliers, and Others .................................................................... 38 7.05 Patent Fees and Royalties ........................................................................................................... 39 7.06 Permits ........................................................................................................................................ 40 7.07 Taxes ........................................................................................................................................... 40 7.08 Laws and Regulations .................................................................................................................. 40 7.09 Safety and Protection ................................................................................................................. 41 7.10 Safety Representative ................................................................................................................. 41 7.11 Hazard Communication Programs .............................................................................................. 42 7.12 Emergencies ................................................................................................................................ 42 7.13 Contractor’s General Warranty and Guarantee ......................................................................... 42 7.14 INDEMNIFICATION ...................................................................................................................... 43 7.15 Delegation of Professional Design Services ................................................................................ 44 Article 8 – Other Work at the Site ............................................................................................................... 45 8.01 Other Work ................................................................................................................................. 45 8.02 Coordination ............................................................................................................................... 46 8.03 Legal Relationships ...................................................................................................................... 46 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 47 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 3 Corpus Christi Standards Rev 2/2020 9.01 Communications to Contractor .................................................................................................. 47 9.02 Replacement of Owner’s Project Team Members ...................................................................... 47 9.03 Furnish Data ................................................................................................................................ 47 9.04 Pay When Due ............................................................................................................................. 47 9.05 Lands and Easements; Reports and Tests ................................................................................... 47 9.06 Insurance ..................................................................................................................................... 47 9.07 Modifications .............................................................................................................................. 47 9.08 Inspections, Tests, and Approvals ............................................................................................... 47 9.09 Limitations on OPT’s Responsibilities ......................................................................................... 47 9.10 Undisclosed Hazardous Environmental Condition ...................................................................... 47 9.11 Compliance with Safety Program ................................................................................................ 48 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 48 10.01 Owner’s Representative .......................................................................................................... 48 10.02 Visits to Site ............................................................................................................................. 48 10.03 Resident Project Representatives ........................................................................................... 48 10.04 Rejecting Defective Work........................................................................................................ 48 10.05 Shop Drawings, Modifications and Payments......................................................................... 48 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 49 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities ..................................... 49 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 49 11.01 Amending and Supplementing the Contract Documents ....................................................... 49 11.02 Owner-Authorized Changes in the Work ................................................................................ 50 11.03 Unauthorized Changes in the Work ........................................................................................ 50 11.04 Change of Contract Price ........................................................................................................ 50 11.05 Change of Contract Times ....................................................................................................... 51 11.06 Change Proposals .................................................................................................................... 51 11.07 Execution of Change Orders ................................................................................................... 51 11.08 Notice to Surety ...................................................................................................................... 52 Article 12 – Change Management .............................................................................................................. 52 12.01 Requests for Change Proposal ................................................................................................ 52 12.02 Change Proposals .................................................................................................................... 53 12.03 Designer Will Evaluate Request for Modification ................................................................... 54 12.04 Substitutions ........................................................................................................................... 54 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 4 Corpus Christi Standards Rev 2/2020 Article 13 – Claims ....................................................................................................................................... 55 13.01 Claims ...................................................................................................................................... 55 13.02 Claims Process ......................................................................................................................... 55 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 57 14.01 Payment of Prevailing Wage Rates ......................................................................................... 57 14.02 Records .................................................................................................................................... 57 14.03 Liability; Penalty; Criminal Offense ......................................................................................... 57 14.04 Prevailing Wage Rates ............................................................................................................. 58 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 58 15.01 Cost of the Work ..................................................................................................................... 58 15.02 Allowances .............................................................................................................................. 61 15.03 Unit Price Work ....................................................................................................................... 61 15.04 Contingencies .......................................................................................................................... 62 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 63 16.01 Access to Work ........................................................................................................................ 63 16.02 Tests, Inspections and Approvals ............................................................................................ 63 16.03 Defective Work ....................................................................................................................... 63 16.04 Acceptance of Defective Work................................................................................................ 64 16.05 Uncovering Work .................................................................................................................... 64 16.06 Owner May Stop the Work ..................................................................................................... 65 16.07 Owner May Correct Defective Work ....................................................................................... 65 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 66 17.01 Progress Payments .................................................................................................................. 66 17.02 Application for Payment ......................................................................................................... 67 17.03 Schedule of Values .................................................................................................................. 69 17.04 Schedule of Anticipated Payments and Earned Value ............................................................ 70 17.05 Basis for Payments .................................................................................................................. 71 17.06 Payment for Stored Materials and Equipment ....................................................................... 71 17.07 Retainage and Set-Offs ........................................................................................................... 72 17.08 Procedures for Submitting an Application for Payment ......................................................... 72 17.09 Responsibility of Owner’s Authorized Representative ........................................................... 73 17.10 Contractor’s Warranty of Title ................................................................................................ 74 17.11 Substantial Completion ........................................................................................................... 74 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 5 Corpus Christi Standards Rev 2/2020 17.12 Partial Utilization ..................................................................................................................... 75 17.13 Final Inspection ....................................................................................................................... 75 17.14 Final Application for Payment ................................................................................................. 75 17.15 Final Payment .......................................................................................................................... 76 17.16 Waiver of Claims ..................................................................................................................... 76 17.17 Correction Period .................................................................................................................... 76 Article 18 – Suspension of Work and Termination ..................................................................................... 77 18.01 Owner May Suspend Work ..................................................................................................... 77 18.02 Owner May Terminate for Cause ............................................................................................ 77 18.03 Owner May Terminate For Convenience ................................................................................ 78 Article 19 – Project Management ............................................................................................................... 79 19.01 Work Included ......................................................................................................................... 79 19.02 Quality Assurance ................................................................................................................... 79 19.03 Document Submittal ............................................................................................................... 79 19.04 Required Permits .................................................................................................................... 79 19.05 Safety Requirements ............................................................................................................... 80 19.06 Access to the Site .................................................................................................................... 80 19.07 Contractor’s Use of Site .......................................................................................................... 80 19.08 Protection of Existing Structures and Utilities ........................................................................ 81 19.09 Pre-Construction Exploratory Excavations.............................................................................. 81 19.10 Disruption of Services/Continued Operations ........................................................................ 82 19.11 Field Measurements ............................................................................................................... 82 19.12 Reference Data and Control Points ......................................................................................... 82 19.13 Delivery and Storage ............................................................................................................... 83 19.14 Cleaning During Construction ................................................................................................. 84 19.15 Maintenance of Roads, Driveways, and Access ...................................................................... 84 19.16 Area Access and Traffic Control .............................................................................................. 85 19.17 Overhead Electrical Wires ....................................................................................................... 85 19.18 Blasting .................................................................................................................................... 85 19.19 Archeological Requirements ................................................................................................... 85 19.20 Endangered Species Resources ............................................................................................... 86 19.21 Cooperation with Public Agencies .......................................................................................... 86 Article 20 – Project Coordination ................................................................................................................ 86 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 6 Corpus Christi Standards Rev 2/2020 20.01 Work Included ......................................................................................................................... 86 20.02 Document Submittal ............................................................................................................... 86 20.03 Communication During Project ............................................................................................... 87 20.04 Project Meetings ..................................................................................................................... 87 20.05 Requests for Information ........................................................................................................ 89 20.06 Decision and Action Item Log.................................................................................................. 89 20.07 Notification By Contractor ...................................................................................................... 90 20.08 Record Documents .................................................................................................................. 90 Article 21 – Quality Management ............................................................................................................... 92 21.01 Contractor’s Responsibilities .................................................................................................. 92 21.02 Quality Management Activities by OPT .................................................................................. 93 21.03 Contractor’s Use of OPT’s Test Reports .................................................................................. 94 21.04 Documentation ....................................................................................................................... 94 21.05 Standards ................................................................................................................................ 95 21.06 Delivery and Storage ............................................................................................................... 95 21.07 Verification Testing for Corrected Defects.............................................................................. 95 21.08 Test Reports ............................................................................................................................ 95 21.09 Defective Work ....................................................................................................................... 96 21.10 Limitation of Authority of Testing Laboratory ........................................................................ 96 21.11 Quality Control Plan ................................................................................................................ 96 21.12 Implement Contractor’s Quality Control Plan ........................................................................ 98 Article 22 – Final Resolution of Disputes .................................................................................................... 99 22.01 Senior Level Negotiations ....................................................................................................... 99 22.02 Mediation ................................................................................................................................ 99 Article 23 – Minority/MBE/DBE Participation Policy ................................................................................ 100 23.01 Policy ..................................................................................................................................... 100 23.02 Definitions ............................................................................................................................. 100 23.03 Goals...................................................................................................................................... 101 23.04 Compliance............................................................................................................................ 102 Article 24 – Document Management ........................................................................................................ 102 24.01 Work Included ....................................................................................................................... 102 24.02 Quality Assurance ................................................................................................................. 102 24.03 Contractor’s Responsibilities ................................................................................................ 102 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 7 Corpus Christi Standards Rev 2/2020 24.04 Document Submittal ............................................................................................................. 103 24.05 Document Numbering .......................................................................................................... 103 24.06 Document Requirements ...................................................................................................... 104 Article 25 – Shop Drawings ....................................................................................................................... 105 25.01 Work Included ....................................................................................................................... 105 25.02 Quality Assurance ................................................................................................................. 105 25.03 Contractor’s Responsibilities ................................................................................................ 105 25.04 Shop Drawing Requirements ................................................................................................ 107 25.05 Special Certifications and Reports ........................................................................................ 107 25.06 Warranties and Guarantees .................................................................................................. 108 25.07 Shop Drawing Submittal Procedures .................................................................................... 108 25.08 Sample and Mockup Submittal Procedures .......................................................................... 110 25.09 Equal Non Specified Products ............................................................................................... 111 25.10 Requests for Deviation .......................................................................................................... 111 25.11 Designer Responsibilities ...................................................................................................... 112 25.12 Resubmission Requirements ................................................................................................. 114 Article 26 – Record Data ........................................................................................................................... 115 26.01 Work Included ....................................................................................................................... 115 26.02 Quality Assurance ................................................................................................................. 115 26.03 Contractor’s Responsibilities ................................................................................................ 115 26.04 Record Data Requirements ................................................................................................... 116 26.05 Special Certifications and Reports ........................................................................................ 116 26.06 Warranties and Guarantees .................................................................................................. 117 26.07 Record Data Submittal Procedures ....................................................................................... 117 26.08 Designer’s Responsibilities .................................................................................................... 118 Article 27 – Construction Progress Schedule ............................................................................................ 119 27.01 Requirements ........................................................................................................................ 119 27.02 Document Submittal ............................................................................................................. 119 27.03 Schedule Requirements ........................................................................................................ 119 27.04 Schedule Revisions ................................................................................................................ 121 27.05 Float Time.............................................................................................................................. 121 Article 28 – Video and Photographic documentation .............................................................................. 122 28.01 Work Included ....................................................................................................................... 122 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 8 Corpus Christi Standards Rev 2/2020 28.02 Quality Assurance ................................................................................................................. 122 28.03 Document Submittal ............................................................................................................. 122 28.04 Photographs .......................................................................................................................... 123 28.05 Video Recording .................................................................................................................... 123 Article 29 – Execution and Closeout ......................................................................................................... 123 29.01 Substantial Completion ......................................................................................................... 123 29.02 Final Inspections.................................................................................................................... 124 29.03 Reinspection Fees ................................................................................................................. 124 29.04 Closeout Documents Submittal ............................................................................................ 125 29.05 Transfer of Utilities ............................................................................................................... 125 29.06 Warranties, Bonds and Service Agreements......................................................................... 125 Article 30 – Miscellaneous ........................................................................................................................ 126 30.01 Computation of Times........................................................................................................... 126 30.02 Owner’s Right to Audit Contractor’s Records ....................................................................... 126 30.03 Independent Contractor ....................................................................................................... 127 30.04 Cumulative Remedies ........................................................................................................... 127 30.05 Limitation of Damages .......................................................................................................... 127 30.06 No Waiver ............................................................................................................................. 127 30.07 Severability ............................................................................................................................ 127 30.08 Survival of Obligations .......................................................................................................... 127 30.09 No Third Party Beneficiaries ................................................................................................. 128 30.10 Assignment of Contract......................................................................................................... 128 30.11 No Waiver of Sovereign Immunity ........................................................................................ 128 30.12 Controlling Law ..................................................................................................................... 128 30.13 Conditions Precedent to Right to Sue ................................................................................... 128 30.14 Waiver of Trial by Jury........................................................................................................... 128 30.15 Attorney Fees ........................................................................................................................ 128 30.16 Compliance with Laws........................................................................................................... 128 30.17 Enforcement.......................................................................................................................... 129 30.18 Subject to Appropriation ....................................................................................................... 129 30.19 Contract Sum......................................................................................................................... 129 30.20 Contractor’s Guarantee as Additional Remedy .................................................................... 129 30.21 Notices. ................................................................................................................................. 129 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 9 Corpus Christi Standards Rev 2/2020 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 Documents. 7. Bidding Documents – The solicitation documents, the proposed Contract Documents and Addenda. 8. Bidder – An individual or entity that submits a Bid to Owner. 9. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 10. Change Order - A document issued on or after the Effective Date of the Contract, which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 11. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 12. City Engineer - The Corpus Christi City Engineer and/or designee as identified at the preconstruction conference or in the Notice to Proceed. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 10 Corpus Christi Standards Rev 2/2020 13. 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. Claims must be initiated by written notice, signed and sworn to be an authorized corporate officer, verifying the truth and accuracy of the Claim. 14. 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. 15. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 16. 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. 17. Contract Documents - Those items designated as Contract Documents in the Agreement. 18. 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. 19. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 20. Contractor - The individual or entity with which Owner has contracted for performance of the Work. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 11 Corpus Christi Standards Rev 2/2020 21. 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. 22. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 23. 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 24. 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. 25. 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. 26. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 27. 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. 28. 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. 29. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner. These costs include fees for engineers, architects, attorneys, and other professionals. 30. 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. 31. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 12 Corpus Christi Standards Rev 2/2020 32. 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. 33. 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. 34. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 35. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 36. 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 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. 37. 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. 38. 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. 39. 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. 40. 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. 41. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 42. Project Manual – That portion of the Contract Documents that may include the following: introductory information, solicitation requirements and responses, proposal, Contract forms and General and Supplementary Conditions, General Requirements, Specification, Drawings, Project Safety Manual and Addenda. 43. 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. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 13 Corpus Christi Standards Rev 2/2020 44. 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. 45. Schedule of Documents - A schedule of required documents, prepared and maintained by Contractor. 46. 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. 47. 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. 48. 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. 49. 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. 50. 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. 51. 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. 52. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 53. 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. 54. 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. 55. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 56. Unit Price Work - Work to be paid for on the basis of unit prices. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 14 Corpus Christi Standards Rev 2/2020 57. Work - The construction of the Project or its component parts as required by the Contract Documents. 58. 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. 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 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 15 Corpus Christi Standards Rev 2/2020 equipment, but do not expressly use the words “furnish,” “install,” “perform,” or “provide.” F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Provide required Bonds with the executed Agreement. B. Provide evidence of insurance required by the Contract Documents with the executed Agreement. 2.02 Copies of Documents A. OPT is to furnish one fully executed Agreement (either electronic or printed) and one copy of the executed Contract Documents in electronic portable document format (PDF). This document is the Project Record Copy of the Contract Documents. 2.03 Before Starting Construction A. Provide the following preliminary documents in accordance with the Contract Documents within 10 days after the Effective Date of the Contract: 1. Progress Schedule, which must be a Critical Path Method (CPM) Schedule; 2. Schedule of Documents; and DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 16 Corpus Christi Standards Rev 2/2020 3. Schedule of Values and projected cash flow information. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Attend the preconstruction conference as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the Contractor. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the Contractor. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions and Supplementary Conditions apply to Work regardless of where it is described in the Contract Documents, unless specifically noted otherwise. 2. In offering a Bid for this Project and in entering into this Contract, Contractor represents: a. Contractor has studied the Contract Documents, the Work, the Site, local conditions, Laws and Regulations, and other conditions that may affect the Work; b. Contractor has studied the Technical Data and other information referred to in the Contract Documents and has or will make additional surveys and investigations as deemed necessary for the performance of the Work; c. Contractor has correlated these studies and observations with the requirements of the Contract Documents; and d. Contractor has taken all of this information into consideration in developing the Contract Price offered and that the Contract Price offered provides full compensation for providing the Work in accordance with the Contract Documents. 3. Organization of the Contract Documents is not intended to control or lessen the responsibility of the Contractor when dividing Work among Subcontractors or Suppliers, or to establish the extent of Work to be performed by trades, Subcontractors, or Suppliers. Specifications or details do not need to be indicated or specified in each Specification or Drawing. Items shown in the Contract Documents are applicable regardless of their location in the Contract Documents. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 17 Corpus Christi Standards Rev 2/2020 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations, whether specific or implied, are those in effect at the time Contractor’s Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives authority to the OPT to supervise or direct the performance of the Work or undertake responsibilities inconsistent with the Contract Documents. 3. The provisions of the Contract Documents take precedence over standard specifications, manuals, reference standards, codes, or instructions of a Supplier unless specifically stated otherwise in the Contract Documents. B. Comply with applicable construction industry standards, whether referenced or not. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 18 Corpus Christi Standards Rev 2/2020 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. C. Make copies of reference standards available if requested by OAR. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Carefully study the Drawings and verify pertinent figures and dimensions with respect to actual field measurements before undertaking the Work. Immediately report conflicts, errors, ambiguities, or discrepancies that Contractor discovers or has actual knowledge of to the OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. The exactness of existing grades, elevations, dimensions or locations given on any Drawings issued by Designer, or the work installed by other contractors, is not guaranteed by Owner. Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. Any errors due to Contractor’s failure to verify at the site all such grades, elevations, dimensions or locations relating to such existing or other work shall be rectified by Contractor without any additional cost to Owner. 3. Immediately notify the OAR of conflicts, errors, ambiguities, or discrepancies in the Contract Documents or discrepancies between the Contract Documents and: a. Applicable Laws or Regulations; b. Actual field conditions; c. Standard specifications, manuals, reference standards, or codes; or d. Instructions of Suppliers. 4. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01, except in an emergency as required by Paragraph 7.12. 5. Contractor is liable to the OPT for failure to report conflicts, errors, ambiguities, or discrepancies in the Contract Documents of which Contractor has actual knowledge. 6. Contractor is deemed to have included the most expensive item, system, procedure, etc. in the Contract Price if a conflict, error, ambiguity, or discrepancy in components of the Contract Documents was known, but not reported prior to submitting the Bid or when Contractor negotiates the Contract Price. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 19 Corpus Christi Standards Rev 2/2020 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor’s Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 20 Corpus Christi Standards Rev 2/2020 B. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process. 4.04 Delays in Contractor’s Progress A. No Damages for Delay: Contractor shall receive no compensation for delays or hindrances to the Work, except in the case of direct interference with means and methods by the Owner. In no event shall the Contractor be entitled to any compensation or recovery of any special damages in connection with any delays, including without limitation: consequential damages, lost opportunity costs, impact damages, or other similar damages. Owner’s exercise of any of its rights or remedies under the Contract Documents (including without limitation ordering changes in the Work, or directing suspension, rescheduling, or correction of the Work), regardless of the extent or frequency of Owner’s exercise of such rights or remedies, shall not be construed as active interference in the Contractor’s performance of the Work. An extension of Contract Time, to the extent permitted, shall be the sole remedy of the Contractor for any acknowledged delays. Contractor agrees that the extension of time provides an equitable adjustment. B. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delays, disruptions, or interference caused by or within the control of Contractor’s Team. C. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.04.D, for Projects using calendar days or a fixed date to establish the Contract Time. Contractor is to include the cost associated with weather related delays in the Contract Price and assumes the risks associated with delays related to weather conditions. D. Contractor is entitled to an equitable adjustment in the Contract Times if Contractor’s performance or progress is delayed, disrupted or interfered with by unanticipated causes not the fault of and beyond the control of OPT or Contractor. These adjustments in Contract Times are the Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. These unanticipated causes may include: 1. Severe and unavoidable natural catastrophes e.g. fires, floods, hurricanes, epidemics, and earthquakes; 2. Acts or failures to act of utility owners performing other work at or adjacent to the Site; 3. Acts of war or terrorism; and 4. Rain days in excess of the number specified in a calendar year. E. Delays, disruption, and interference to the performance or progress of the Work resulting from the following are governed by Article 5: 1. The existence of a differing subsurface or physical condition; 2. An Underground Facility not shown or not indicated with reasonable accuracy by the Contract Documents; and 3. Hazardous Environmental Conditions. F. Article 8 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 21 Corpus Christi Standards Rev 2/2020 G. Notify the OAR immediately of a potential delaying, disrupting, or interfering event. Submit a Change Proposal seeking an adjustment in Contract Price or Contract Times within 30 days of the commencement of the delaying, disrupting, or interfering event. Claims for adjustment to the Contract Price or Contract Times that do not comply with Article 13 are waived. H. Contractor is only entitled to an adjustment of the Contract Times for specific delays, disruptions, and interference to the performance or progress of the Work that can be demonstrated to directly impact the ability of the Contractor to complete the Work within the Contract Times. No adjustments in Contract Times are allowed for delays on components of the Work which were or could have been completed without impacting the Contract Times. I. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of the Owner if this delay is concurrent with a delay, disruption, or interference attributable to or within the control of the Contractor’s Team. ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner is to furnish the Site and inform the Contractor of encumbrances or restrictions known to Owner related to use of the Site with which Contractor must comply in performing the Work. B. Provide for additional lands and access Contractor requires for temporary construction facilities or storage of materials and equipment, other than those identified in the Contract Documents. Provide documentation of authority to use these additional lands to OAR before using them. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Owner or Contractor has arranged to use through construction easements or agreements, and other adjacent areas as permitted by Laws and Regulations. Assume full responsibility for damage or injuries which result from the performance of the Work or from other actions or conduct of the Contractor’s Team, including: a. Damage to the Site; b. Damage to adjacent areas used for Contractor’s Team’s operations; c. Damage to other adjacent land or areas; and d. Injuries and losses sustained by the owners or occupants of these lands or areas. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 22 Corpus Christi Standards Rev 2/2020 2. Take the following action if a damage or injury claim is made by the owner or occupant of adjacent land or area because of the performance of the Work, or because of other actions or conduct of the Contractor’s Team: a. Take immediate corrective or remedial action as required by Paragraph 7.09; and b. Attempt to settle the claim through negotiations with the owner or occupant, or otherwise resolve the claim by mediation or other dispute resolution proceeding or at law. 5.03 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to OPT of explorations and tests of subsurface conditions at or adjacent to the Site; 2. Those drawings known to OPT of physical conditions related to existing surface or subsurface structures at the Site, except Underground Facilities; and 3. Technical Data contained in these reports and drawings. B. Data contained in boring logs, recorded measurements of subsurface water levels, and the results of tests performed on materials described in geotechnical data reports specifically prepared for the Project and made available to Contractor are defined as Technical Data, unless Technical Data has been defined more specifically in the Supplementary Conditions. C. Contractor may rely upon the accuracy of the Technical Data contained in these reports and drawings, but these reports and drawings are not Contract Documents. Except for this reliance on Technical Data, Contractor may not rely upon or make claims against Owner with respect to: 1. The completeness of reports and drawings for Contractor’s purposes, including aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, or Contractor’s safety precautions and programs; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Contractor’s interpretation of or conclusions drawn from Technical Data or other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 23 Corpus Christi Standards Rev 2/2020 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. 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 to 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. D. Possible Contract Price and Contract Times Adjustments: 1. Contractor is entitled to an equitable adjustment in Contract Price or Contract Times to the extent that a differing subsurface or physical condition causes a change in Contractor’s cost or time to perform the Work provided the condition falls within one or more of the categories described in Paragraph 5.04.A. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 15.03. 2. Contractor is not entitled to an adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of the subsurface or physical condition at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; b. The existence of the subsurface or physical condition could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor’s Bid is submitted or when Contractor negotiates the Contract Price; or c. Contractor failed to give notice as required by Paragraph 5.04.A. 3. Contractor may submit a Change Proposal no later than 30 days after OAR’s issuance of the OPT’s statement to Contractor regarding the subsurface or physical condition in question. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 24 Corpus Christi Standards Rev 2/2020 4. A Change Order is to be issued by the OAR if Owner and Contractor agree that Contractor is entitled to an adjustment in the Contract Price or Contract Times and agree to the amount or extent of adjustments in the Contract Price or Contract Times. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Investigating and field-verifying the location of underground facilities before beginning Work; 2. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 3. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 4. Locating Underground Facilities shown or indicated in the Contract Documents; 5. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 6. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately, but in no event later than 3 days, if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. 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. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 25 Corpus Christi Standards Rev 2/2020 E. Contractor is entitled to an equitable adjustment in the Contract Price or Contract Times as provided in Paragraphs 11.04 and 11.05 to the extent that the existing Underground Facility at the Site that was not shown or indicated in the Contract Documents or was not shown or indicated with reasonable accuracy. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 15.03. F. Contractor is not entitled an adjustment in the Contract Price or Contract Times with respect to an existing Underground Facility at the Site if: 1. Contractor knew of the existence of the existing Underground Facility at the Site at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; 2. The existence of the existing Underground Facility at the Site could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor’s Bid is submitted or when Contractor negotiates the Contract Price; or 3. Contractor failed to give notice as required by Paragraph 5.05.B. G. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of adjustments in the Contract Price or Contract Times no later than 30 days after OAR’s issuance of OPT’s statement to Contractor regarding the Underground Facility. 5.06 Hazardous Environmental Conditions at Site A. The Supplementary Conditions identify: 1. Those reports and drawings known to OPT relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in these reports and drawings. B. Contractor may rely upon the accuracy of the Technical Data contained in reports and drawings relating to Hazardous Environmental Conditions identified in the Supplementary Conditions, but these reports and drawings are not Contract Documents. Except for the reliance on expressly identified Technical Data, Contractor may not rely upon or make claims against Owner’s Indemnitees with respect to: 1. The completeness of these reports and drawings for Contractor’s purposes, including aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor or Contractor’s safety precautions and programs related to Hazardous Environmental Conditions; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Any Contractor interpretation of or conclusion drawn from Technical Data or other data, interpretations, opinions or information. C. The results of tests performed on materials described in environmental reports specifically prepared for the Project and made available to Contractor are defined as Technical Data unless Technical Data has been defined more specifically in the Supplementary Conditions. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 26 Corpus Christi Standards Rev 2/2020 D. Contractor is not responsible for removing or remediating Hazardous Environmental Conditions encountered, uncovered or revealed at the Site unless this removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. E. Contractor is responsible for controlling, containing, and duly removing and remediating Constituents of Concern brought to the Site by Contractor’s Team and paying associated costs. 1. Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to Contractor for associated costs if Contractor’s Team creates a Hazardous Environmental Condition, and Contractor does not take acceptable action to remove and remediate the Hazardous Environmental Condition. 2. Contractor’s obligation to indemnify Owner for claims arising out of or related to Hazardous Environmental Conditions are as set forth in Paragraph 7.14. F. Immediately notify the OAR and take the following action if Contractor uncovers or reveals a Hazardous Environmental Condition at the Site or adjacent areas used by the Contractor’s Team that was not created by the Contractor’s Team: 1. Secure or otherwise isolate this condition; 2. Stop Work in affected areas or connected with the condition, except in an emergency as required by Paragraph 7.12; and 3. Do not resume Work in connection with the Hazardous Environmental Condition or in affected areas until after OPT has obtained required permits and OAR sends notice to the Contractor: a. Specifying that this condition and affected areas are or have been rendered safe for the resumption of Work; or b. Specifying special conditions under which Work may be resumed safely. 4. Owner may order the portion of the Work that is in the area affected by the Hazardous Environmental Condition to be deleted from the Work following the procedures in Article 11 if Contractor does not agree to: a. Resume the Work based on a reasonable belief it is unsafe; or b. Resume the Work under the special conditions provided by the OAR. 5. Owner may have this deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. G. Contractor may submit a Change Proposal or Owner may impose a set-off if an agreement is not reached within 10 days of OAR’s notice regarding the resumption of Work as to whether Contractor is entitled to an adjustment in Contract Price or Contract Times or on the amount or extent of adjustments resulting from this Work stoppage or special conditions under which Contractor agrees to resume Work. H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or a Hazardous Environmental Condition uncovered or revealed at the Site. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 27 Corpus Christi Standards Rev 2/2020 ARTICLE 6 – BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Contract Price, as security for the faithful performance and payment of Contractor’s obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after the date of final payment. Furnish other Bonds as required by the Contract Documents. B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. C. Notify OAR immediately if the surety on Bonds furnished by Contractor: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. Contractor is to use amounts paid by Owner to Contractor under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay, give notice or take other action to claimants under the Payment Bond. G. Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 18 if Contractor fails to obtain or maintain required Bonds. H. OPT will provide a copy of the Payment Bond to Subcontractors, Suppliers, or other persons or entities claiming to have furnished labor or materials used in the performance of the Work that request this information in accordance with Texas Government Code Chapter 2253. 6.02 Licensed Sureties A. Provide Bonds in the form prescribed by the Contract Documents from sureties named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. B. Provide Bonds required by the Contract Documents from surety companies that are duly licensed or authorized to provide bonds in the State of Texas. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 28 Corpus Christi Standards Rev 2/2020 6.03 Required Minimum Insurance Coverage A. Obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. Deliver evidence of insurance in accordance with the Supplementary Conditions to the Owner to demonstrate that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Provide copies of these certificates to each named insured and additional insured as identified in the Supplementary Conditions or otherwise. 6.04 General Insurance Provisions A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with this Article 6 and the Supplementary Conditions. B. Provide endorsements to the policies as outlined in this Article. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT’s failure to demand such certificates or other evidence of the Contractor’s full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor’s obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 18 if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor’s interests. J. The required insurance and insurance limits do not limit the Contractor’s liability under the indemnities granted to Owner in the Contract Documents. K. Provide for an endorsement that the “other insurance” clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor’s insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 29 Corpus Christi Standards Rev 2/2020 L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers’ compensation policy and Contractor’s professional liability policy. 6.05 Contractor’s Insurance A. Purchase and maintain workers’ compensation and employer’s liability insurance for: 1. Claims under workers’ compensation, disability benefits, and other similar employee benefit acts. Obtain workers’ compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers’ compensation obligations. Provide an “All Other States” endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor’s commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Article and the Supplementary Conditions. Insurance is to remain in effect for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by the Supplementary Conditions, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or “All Peril” policy DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 30 Corpus Christi Standards Rev 2/2020 providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor’s Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor’s contractual indemnity obligations in Paragraph 7.14, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, “Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor’s commercial general liability and automobile liability policies that: DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 31 Corpus Christi Standards Rev 2/2020 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owner as defined in Article 1; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor’s operations and completed operations. Provide Contractor’s pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Article must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Article or the Supplementary Conditions or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 6.06 Property Insurance A. Purchase and maintain builder’s risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Article and the Supplementary Conditions or those required by Laws and Regulations and must comply with the requirements of Paragraph 6.09. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 32 Corpus Christi Standards Rev 2/2020 2. Be written on a builder’s risk “all risk” policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer’s subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days’ prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder’s risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work. Maintain the builder’s risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder’s risk or property insurance policies provided under this Article and the Supplementary Conditions. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 33 Corpus Christi Standards Rev 2/2020 expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 6.07 Waiver of Rights A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in the Supplementary Conditions. B. All policies purchased in accordance with this Article are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner’s Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contain provisions that the Subcontractor waive all rights against Owner, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder’s risk insurance and other property insurance. 6.08 Owner’s Insurance for Project A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. 6.09 Acceptable Evidence of Insurance A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of “Additional Insureds” for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days’ notice before cancellation or any material change in the policy’s terms and conditions, limits of coverage, or change in deductible amount. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 34 Corpus Christi Standards Rev 2/2020 6.10 Certificate of Insurance A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 6.11 Insurance Policies A. If requested by the Owner, make available for viewing a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 6.12 Continuing Evidence of Coverage A. Provide updated, revised, or new evidence of insurance in accordance this Article and the Supplementary Conditions prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 6.13 Notices Regarding Insurance A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi – Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. 6.14 Texas Workers’ Compensation Insurance Required Notice A. Definitions: 1. Certificate of coverage (“certificate”) - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project, for the duration of the Project. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 35 Corpus Christi Standards Rev 2/2020 2. Duration of the Project - includes the time from the beginning of the Work on the Project until the Contractor’s/person’s Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project (“Subcontractor” in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers’ Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 36 Corpus Christi Standards Rev 2/2020 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by this section, with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers’ compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor’s failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 37 Corpus Christi Standards Rev 2/2020 ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Supervise, inspect, and direct the performance of the Work in accordance with the Contract Documents. Contractor is solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. Provide a competent resident superintendent acceptable to the OPT. The resident superintendent or acceptable qualified assistant is to be present at all times when Work is being done. Do not replace this resident superintendent except under extraordinary circumstances. Provide a replacement resident superintendent equally competent to the previous resident superintendent if replacement is required. Notify the Owner prior to replacing the resident superintendent and obtain Owner’s consent to the change in superintendent. 7.02 Labor; Working Hours A. Provide competent, suitably qualified personnel to survey and lay out the Work and perform Work to complete the Project. Maintain good discipline and order at the Site. B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are between sunrise and sundown Monday through Saturday unless other times are specifically authorized in writing by OAR. C. Do not perform Work on a Sunday or legal holiday without OAR’s consent. The following legal holidays are observed by the Owner: Holiday Date Observed New Year’s Day January 1 Martin Luther King Jr Day Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 D. If a legal holiday falls on a Saturday, it will be observed the preceding Friday. If a legal holiday falls on a Sunday, it will be observed the following Monday. E. Pay additional cost incurred by Owner for services of the OAR or RPR to observe Work constructed outside of regular working hours. OAR will issue a Set-off in the Application for Payment for this cost per Paragraph 17.01.B DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 38 Corpus Christi Standards Rev 2/2020 7.03 Services, Materials, and Equipment A. Provide services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work, whether or not these items are specifically called for in the Contract Documents. B. Provide new materials and equipment to be incorporated into the Work. Provide special warranties and guarantees required by the Contract Documents. Provide satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment as required by the Contract Documents or as requested by the OAR. C. Store, apply, install, connect, erect, protect, use, clean, and condition materials and equipment in accordance with instructions of the applicable Supplier, unless otherwise required by the Contract Documents. 7.04 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. All Subcontractors and Suppliers must be acceptable to Owner. B. Contractor must retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents. C. Submit a list of proposed Subcontractors and Suppliers to OAR prior to entering into binding subcontracts or purchase orders. These proposed Subcontractors or Suppliers are deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 30 days after receiving this list. Under no circumstances shall any Subcontractor debarred under Chapter 41 of The Code of Ordinances, City of Corpus Christi, be deemed acceptable to Owner. D. Contractor is not required to retain Subcontractors, Suppliers, or other individuals or entities to furnish or perform part of the Work after the Effective Date of the Contract if Contractor has reasonable objection. E. Owner may require the replacement of Subcontractors, Suppliers, or other individuals or entities retained by the Contractor. Provide an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. Owner also may require Contractor to retain specific replacements, subject to Contractor’s reasonable objections. F. Contractor may be entitled to an adjustment in Contract Price or Contract Times with respect to a replacement of Subcontractors, Suppliers, or other entities required by Owner. The Contractor is not entitled to an adjustment in Contract Price or Contract Time with respect to replacement of any individual deemed unsuitable by the OPT. Notify OAR immediately if a replacement of Subcontractors, Suppliers, or other entity increases the Contract Price or Contract Times. Initiate a Change Proposal for the adjustment within 10 days of Owner’s notice to replace a Subcontractor, Supplier, or other entity retained by Contractor to perform part of the Work. Do not make the replacement until the change in Contract Price or Contract Times has been accepted by the Owner if Change Proposal is to be submitted. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 39 Corpus Christi Standards Rev 2/2020 G. Owner’s initial acceptance of Subcontractors, Suppliers, or other individuals or entities, or their replacements, does not constitute a waiver of the obligation of the Contractor to complete the Work in accordance with the Contract Documents. H. Maintain a current and complete list of Subcontractors and Suppliers that are to perform or furnish part of the Work. I. Contractor is fully responsible for the acts and omissions of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. J. Contractor is solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. K. Require Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work to communicate with OPT through Contractor. L. Contracts between the Contractor and their Subcontractors or Suppliers may specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents. Contractor is responsible for meeting the requirements of the Contract Documents if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. 1. All Subcontractors employed on this Project must be required to obtain Workers’ Compensation Insurance. 2. Proof of this insurance will be required prior to the start of any Work. M. OPT may furnish information about amounts paid to Contractor for Work provided by Subcontractors or Suppliers to the entity providing the Work. N. Nothing in the Contract Documents: 1. Creates a contractual relationship between members of the OPT and members of the Contractor’s Team. 2. Creates an obligation on the part of the Owner to pay or to see to the payment of money due members of the Contractor’s Team, except as may be required by Laws and Regulations. 7.05 Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products, or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, designs, processes, products, or devices OPT knows are patented or copyrighted by others or that its use is subject to patent rights or copyrights calling for the payment of a license fee or royalty to others. Contractor is to include the cost associated with the use of patented or copyrighted products or processes, whether specified or selected by the Contractor, in the Contract Price. B. Contractor’s obligation to indemnify Owner for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 40 Corpus Christi Standards Rev 2/2020 7.06 Permits A. Obtain and pay for construction permits and licenses. OPT is to assist Contractor in obtaining permits and licenses when required to do so by applicable Laws and Regulations. Pay governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time the Contractor’s Bid is submitted or when Contractor negotiates the Contract Price. This Project is not exempt from City permits and fees unless expressly stated otherwise. 7.07 Taxes A. Contractor is responsible for all taxes and duties arising out of the Work. The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any city or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Contractor is responsible for including in the Contract Price any applicable sales and use taxes and is responsible for complying with all applicable statutes and rulings of the State Comptroller. Pay sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations. B. The Owner is exempt from the Federal Transportation and Excise Tax. Contractor must comply with all federal regulations governing the exemptions. C. Products incorporated into the Work are exempt from state sales tax according to the provisions of Subchapter H, Chapter 151, of the Texas Tax Code. D. Contractor may not include any amounts for sales, use, or similar taxes for which the Owner is exempt in the Contract Price or any proposed Change Order or Application for Payment. E. Obtain tax exemption certificates or other documentation necessary to establish Owner’s exemption from such taxes. 7.08 Laws and Regulations A. Give required notices and comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for monitoring Contractor’s compliance with Laws or Regulations except where expressly required by applicable Laws and Regulations. B. Pay costs resulting from actions taken by Contractor that are contrary to Laws or Regulations. Contractor is not responsible for determining that the design aspects of the Work described in the Contract Documents is in accordance with Laws and Regulations. This does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of changes in Laws or Regulations that may affect the cost or time of performance of the Work, including: 1. Changes in Laws or Regulations affecting procurement of permits; and 2. Sales, use, value-added, consumption, and other similar taxes which come into effect after Contractor’s Bid is submitted or when Contractor negotiates the Contract Price. D. Contractor may submit a Change Proposal or Owner may initiate a Claim within 30 days of this notice if Owner and Contractor are unable to agree on entitlement to or on the amount or extent of adjustments in Contract Price or Contract Times resulting from these changes. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 41 Corpus Christi Standards Rev 2/2020 7.09 Safety and Protection A. Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury, or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and 2. Other property at or adjacent to the Site, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments (OSHA). D. Remedy damage, injury, or loss to property referred to in Paragraph 7.09.B caused by Contractor’s Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor’s Team. E. Contractor’s duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor’s Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. F. Comply with the applicable requirements of the Owner’s safety program if required to do so in the Supplementary Conditions. A copy of the Owner’s safety program will be provided in the Bidding Documents. 7.10 Safety Representative A. Provide a qualified and experienced safety representative at the Site whose duties and responsibilities are the prevention of accidents and maintaining and supervising safety programs. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 42 Corpus Christi Standards Rev 2/2020 7.11 Hazard Communication Programs A. Coordinate the exchange of material safety data sheets or other hazard communication information required to be made available or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.12 Emergencies A. Act to prevent threatened damage, injury or loss in emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the Site. Notify OAR immediately if Contractor believes that significant changes in the Work or variations from the Contract Documents have been caused or are required as a result of this need to act. A Modification is to be issued by OAR if OPT determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Documents is required because of the action taken by Contractor in response to this emergency. 7.13 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on Contractor’s warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents. B. This Contractor’s warranty and guarantee excludes defects or damage caused by improper maintenance or operation, abuse, or modification by OPT; or normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of Contractor’s obligation to perform Work in accordance with the Contract Documents: 1. Observations by OPT; 2. Recommendation by OAR to pay or payment by Owner of progress or final payments; 3. The issuance of a Certificate of Substantial Completion; 4. Use or occupancy of part of the Work by Owner; 5. Review and approval of a Shop Drawing or Sample; 6. Inspections, tests, or approvals by others; or 7. Correction of Defective Work by Owner. D. The Contract Documents may require the Contractor to accept the assignment of a contract between the Owner and a contractor or supplier. The specific warranties, guarantees, and correction obligations contained in an assigned contract govern with respect to Contractor’s performance obligations to Owner for the Work described in an assigned contract. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 43 Corpus Christi Standards Rev 2/2020 7.14 INDEMNIFICATION A. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the Owner from and against claims, damages, losses and expenses, including but not limited to attorney’s fees or dispute resolution costs, arising out of or resulting from performance of the Work and/or failure to comply with the terms and conditions of the contract, violations of Laws or Regulations, or bodily injury, death or destruction of tangible property caused by the acts, omissions or negligence of the Contractor’s Team, regardless of whether such claim, damage, loss or expense is alleged to be caused in part by an Owner hereunder, subject to the Owner’s defenses and liability limits under the Texas Tort Claims Act. However, nothing herein shall be construed to require Contractor to indemnify an Owner against a claim, loss, damage or expense caused by the sole negligence of an Owner. B. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the Owner from and against Indemnified Costs, arising out of or relating to: (i) the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor’s Team or a Hazardous Environmental Condition created by Contractor’s Team, (ii) Contractor’s Team’s action or inaction related to damages, delays, disruptions or interference with the work of Owner’s employees, other contractors, or utility owners performing other work at or adjacent to the Site, or (iii) the correction of Defective Work. Nothing in this paragraph obligates the Contractor to indemnify the Owner from the consequences of the Owner’s sole negligence. C. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the Owner from and against Indemnified Costs resulting from infringement on patent rights or copyrights by Contractor’s Team. D. The indemnification obligations of this Paragraph 7.14 are not limited by the amount or type of damages, compensation or benefits payable by or for members of the Contractor’s Team or other individuals or entities under workers’ compensation acts, disability benefit acts, or other employee benefit acts in claims against Owner by an employee or the survivor or personal representative of employee of Contractor’s Team. The indemnification obligations of this Paragraph 7.14 shall not be deemed to be released, waived or modified in any respect by reason of any surety or insurance provided by Contractor. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 44 Corpus Christi Standards Rev 2/2020 E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of Designer arising out of the preparation of the Contract Documents or giving directions or instructions, or failing to give them, to the extent they are obligated to do so if that is the primary cause of the injury or damage. F. Notify the other party within 10 days if Owner or Contractor receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Owner from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner does not waive any rights to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10-day period. G. Defense of Indemnification Claims: 1. Assume the defense of the claim with counsel chosen by the Contractor and pay related costs, unless Owner decides otherwise. Contractor’s counsel must be acceptable to Owner. Control the defense and any negotiations to settle the claim. Advise Owner as to its defense of the claim within 10 days after being notified of the indemnification request. Owner may assume and control the defense if Contractor does not assume the defense. Pay all defense expenses of the Owner as an indemnified loss. 2. Owner may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Contractor defends the claim. Contractor may not settle the claim without the consent or agreement of Owner. Contractor may settle the claim with Owner’s consent and agreement unless it: a. Would result in injunctive relief or other equitable remedies or otherwise require Owner to comply with restrictions or limitations that adversely affect Owner; b. Would require Owner to pay amounts that Contractor does not fund in full; or c. Would not result in Owner’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. 7.15 Delegation of Professional Design Services A. Contractor is not required to provide professional design services unless these services are specifically required by the Contract Documents for a portion of the Work or unless these services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. B. The Contract Documents specify performance and design criteria related to systems, materials or equipment if professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor. These services or certifications must be provided by the licensed Texas DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 45 Corpus Christi Standards Rev 2/2020 Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by Contractor’s design professionals, provided OPT has specified to Contractor the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer’s review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer’s review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. Contractor is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. ARTICLE 8 – OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the Contractor’s Work. This other work may be performed by Owner’s employees or through other contractors. Utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing other work or associated with connecting to this other work in the Contract Price if this other work is shown in the Contract Documents. B. OPT is to notify Contractor of other work prior to starting the work and provide any knowledge they have regarding the start of utility work at or adjacent to the Site to Contractor. C. Provide other contractors: 1. Proper and safe access to the Site; 2. Reasonable opportunity for the introduction and storage of materials and equipment; and 3. Reasonable opportunity to execute their work. D. Provide cutting, fitting, and patching of the Work required to properly connect or integrate with other work. Do not endanger the work of others by cutting, excavating, or otherwise altering the work of others without the consent of OAR and the others whose work will be affected. E. Inspect the work of others and immediately notify OAR if the proper execution of part of Contractor’s Work depends upon work performed by others and this work has not been performed or is unsuitable for the proper execution of Contractor’s Work. Contractor’s failure to notify the OAR constitutes an acceptance of this other work as acceptable for integration with Contractor’s Work. This acceptance does not apply to latent defects or deficiencies in the work of others. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 46 Corpus Christi Standards Rev 2/2020 F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority, and the work to be coordinated prior to the start of other work at or adjacent to the Site. 8.03 Legal Relationships A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT or other contractor retained by the City: 1. Damages the Work or property of Contractor’s Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor’s ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor’s Team damages, delays, disrupts, or interferes with the work of Owner’s employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to Contractor and assign the Owner’s contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors if damages, delays, disruptions, or interference occur. E. Contractor’s obligation to indemnify Owner for claims arising out of or related to damages, delays, disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 47 Corpus Christi Standards Rev 2/2020 ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Article 17. 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner’s responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner’s responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or 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. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 48 Corpus Christi Standards Rev 2/2020 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. 9.12 Plans and Specifications A. Owner does not warrant the plans and specification. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 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. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 49 Corpus Christi Standards Rev 2/2020 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. Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing the Contract Documents A. The Contract Documents may be modified by a Contract Amendment, Change Order, Work Change Directive, or Field Order. 1. Contract Amendment: Owner and Contractor may modify the terms and conditions of the Contract Documents without the recommendation of the Designer using a Contract Amendment. A Contract Amendment may be used for: a. Changes that do not involve: 1) The performance or acceptability of the Work; 2) The design as described in the Drawings, Specifications, or otherwise; or 3) Other engineering, architectural or technical matters. b. Authorizing new phases of the Work and establishing the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work when using phased construction or purchasing Goods and Special Services to be incorporated into the Project. 2. Change Order: All changes to the Contract Documents that include a change in the Contract Price or the Contract Times for previously authorized Work, or changes to the Work requiring Designer’s approval must be made by a Change Order. A Change Order may also be used to establish modifications of the Contract Documents that do not affect the Contract Price or Contract Times. 3. Work Change Directive: A Work Change Directive does not change the Contract Price or the Contract Times, but is evidence that the parties expect that the modifications DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 50 Corpus Christi Standards Rev 2/2020 ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations on the Contract Price and Contract Times. If negotiations under the terms of the Contract Documents governing adjustments, expressly including Paragraphs 11.04 and 11.05 are unsuccessful, Contractor must submit a Change Proposal seeking an adjustment of the Contract Price or the Contract Times no later than 30 days after the completion of the Work set out in the Work Change Directive. 4. Field Order: Designer may require minor changes in the Work that do not change the Contract Price or Contract Times using a Field Order. OAR may issue a Field Order for non-technical, administrative issues. Submit a Change Proposal if Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times before proceeding with the Work described in the Field Order. B. Perform added or revised Work under the applicable provisions of the Contract Documents for the same or similar Work unless different Drawings, Specifications or directions are provided in the Modification. 11.02 Owner-Authorized Changes in the Work A. Owner may order additions, deletions, or revisions in the Work at any time as recommended by the Designer to the extent the change: 1. Involves the design as described in the Contract Documents; 2. Involves acceptance of the Work; or 3. Involves other engineering, architectural or technical matters. B. These changes may be authorized by a Modification. Proceed with the Work involved or, in the case of a deletion in the Work, immediately cease construction activities with respect to the deleted Work upon receipt of the Modification. Nothing in this paragraph obligates the Contractor to undertake Work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor is not entitled to an increase in the Contract Price or an extension of the Contract Times with respect to Work performed that is not required by the Contract Documents, except in the case of an emergency as provided in Paragraph 7.12, or in the case of uncovering Work as provided in Paragraph 16.05. B. Contractor is responsible for costs and time delays associated with variations from the requirements of the Contract Documents unless the variations are specifically approved by Change Order. 11.04 Change of Contract Price A. The Contract Price for authorized Work can only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 13. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 51 Corpus Christi Standards Rev 2/2020 B. An adjustment in the Contract Price is to be determined as follows: 1. By applying unit prices to the quantities of the items involved, subject to the provisions of Paragraph 15.03, where the Work involved is covered by unit prices in the Contract Documents; 2. By a mutually agreed lump sum where the Work involved is not covered by unit prices in the Contract Documents; or 3. Payment on the basis of the Cost of the Work determined as provided in Paragraph 15.01 plus a Contractor’s fee for overhead and profit determined as provided in Paragraph 15.05 when the Work involved is not covered by unit prices in the Contract Documents and the parties do not reach a mutual agreement to a lump sum. C. The original Contract Price may not be increased by more than 25 percent or the limit set out in Texas Local Government Code 252.048 or its successor statute, whichever is greater. Owner may decrease the Work by up to 25 percent of the Contract Price. 11.05 Change of Contract Times A. The Contract Times for authorized Work can only be changed by Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 13. B. An adjustment of the Contract Times is subject to the limitations described in Paragraph 4.04. 11.06 Change Proposals A. Submit a Change Proposal in accordance with Article 12 to the OAR to: 1. Request an adjustment in the Contract Price or Contract Times; 2. Appeal an initial decision by OPT concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; 3. Contest a set-off against payment due; or 4. Seek other relief under the Contract Documents. B. Notify the OAR within 3 days if a Change Proposal is to be submitted. Submit each Change Proposal to OAR no later than 30 days after the event initiating the Change Proposal. 11.07 Execution of Change Orders A. Owner and Contractor are to execute Change Orders covering: 1. Changes in the Contract Price or Contract Times, which are agreed to by Owner and Contractor, including undisputed sums or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from Owner set-offs unless the set-off has been successfully challenged by Contractor; 3. Changes in the Work which are: a. Ordered by Owner pursuant to Paragraph 11.02.A, DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 52 Corpus Christi Standards Rev 2/2020 b. Required because Defective Work was accepted under Paragraph 16.04 or Owner’s correction of Defective Work under Paragraph 16.07, or c. Agreed to by the Owner and Contractor; and 4. Changes in the Contract Price or Contract Times, or other changes under Paragraph 11.06 or Article 13. B. Acceptance of a Change Order by Contractor constitutes a full accord and satisfaction for any and all claims and costs of any kind, whether direct or indirect, including but not limited to impact, delay or acceleration damages arising from the subject matter of the Change Order. Each Change Order must be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. The execution of a Change Order by Contractor constitutes conclusive evidence of Contractor’s agreement to the ordered changes in the Work. This Contract, as amended, forever releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on unchanged Work. C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of Contractor’s submission by Owner constitutes neither acceptance nor approval of a Change Order, nor a warranty that the Change Order will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. Contractor may proceed with Work if a Work Change Directive is issued. D. If the Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, the Change Order is deemed to be in full force as if executed by Contractor. Contractor may file a Claim for payment and/or time, pursuant to Article 13. 11.08 Notice to Surety A. Notify the surety of Modifications affecting the general scope of the Work, changes in the provisions of the Contract Documents, or changes in Contract Price or Contract Times. Adjust the amount of each Bond when Modifications change the Contract Price. 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. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 53 Corpus Christi Standards Rev 2/2020 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. A Change Proposal must be submitted to the OAR no later than 30 days after the event initiating the Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; and 9) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. 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 OAR 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. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 54 Corpus Christi Standards Rev 2/2020 12.03 Designer Will Evaluate Request for Modification A. OAR is to advise OPT regarding the Change Proposal. OPT is to review each Change Proposal and Contractor’s supporting data, and within 30 days after receipt of the documents, direct the OAR to either approve or deny the Change Proposal in whole or in part. OAR is to issue a Change Order for an approved Change Proposal. The Contractor may deem the Change Proposal to be denied if OAR does not take action on the Change Proposal within 30 days and start the time for appeal of the denial under Article 13. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. 12.04 Substitutions A. The products of the listed Suppliers are to be furnished where Specifications list several manufacturers but do not specifically list “or equal” or “or approved equal” products. Use of any products other than those specifically listed is a substitution. Follow these procedures for a substitution. B. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Paragraph 12.02 along with a Shop Drawing as required by Article 25 to request approval of a substitution. C. Prove that the product is acceptable as a substitute. It is not the Designer’s responsibility to prove the product is not acceptable as a substitute. 1. Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements. 2. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the documents submitted. 3. The decision of the Designer regarding the acceptability of the proposed substitute product is final. D. Provide a written certification that, in making the substitution request, the Contractor: 1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 55 Corpus Christi Standards Rev 2/2020 2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product. 3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. 4. Will maintain the same time schedule as for the specified product. E. Pay for review of substitutions in accordance with Article 25. ARTICLE 13 – CLAIMS 13.01 Claims A. Follow the Claims process described in this Article for the following disputes between Owner and Contractor: 1. Seeking an adjustment of Contract Price or Contract Times; 2. Contesting an initial decision by OAR concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; 3. Appealing OAR’s decision regarding a Change Proposal; 4. Seeking resolution of a contractual issue that OAR has declined to address; or 5. Seeking other relief with respect to the terms of the Contract. B. Contractor shall be entitled to an extension of Contract Time for delays or disruptions due to unusually severe weather in excess of weather normally experienced at the job site, as determined from climatological data set forth by the National Weather Service and which affects the Project’s critical path. Contractor shall bear the entire economic risk of all weather delays and disruptions. Contractor shall not be entitled to any increase in the Contract Price by reason of such delays or disruptions. Upon Contractor reaching Substantial Completion, Owner and Contractor shall look back at the entire duration of the calendar day Project and review the totality of what Contractor claims were unusually severe weather disruptions. If the Project was delayed or disrupted due to unusually severe weather in excess of weather normally experienced over the entire duration of the Project, Contractor may make a Claim for an extension of the Contract Time for delays or disruptions due to unusually severe weather in excess of weather normally experienced at the job site, as determined from climatological data set forth by the National Weather Service and which affects the Project’s critical path. Any time extension granted shall be non-compensatory. 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. Except for Claims resulting from unusually severe weather, notice of a Claim by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 14 days after DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 56 Corpus Christi Standards Rev 2/2020 the start of the event giving rise to the Claim. Failure by Contractor to submit written notice of a Claim within 14 days shall constitute a waiver of such Claim. C. Submit the complete Claim with supporting documentation to Owner no later than 60 days after the start of the event giving rise to the Claim (unless Designer allows additional time for claimant to submit additional or more accurate data in support of such Claim). The Claim must be signed and sworn to by Contractor, certifying that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. Failure by Contractor to submit the Claim within 60 days shall constitute a waiver of such Claim. D. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. E. Claims by Owner must be submitted by written notice to Contractor. F. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR or Designer. 2. Claims seeking an adjustment of Contract Time must include a Time Impact Analysis and native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR or Designer. 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. H. Designer will 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 30 days after receipt of the Claim. J. Following receipt of Designer’s initial recommendation regarding a Claim, 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. If the entity receiving a Claim approves the Claim in whole or in part or denies it in whole or in part, this action is final and binding unless the other entity invokes the procedure described in Article 22 for final resolution of disputes by filing a notice of appeal within 30 days after this action. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 57 Corpus Christi Standards Rev 2/2020 L. If the Owner and Contractor reach a mutual agreement regarding a Claim, the results of the agreement or action on the Claim will be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents, the Contract Price, or the Contract Times. M. Both parties shall continue to perform all obligations under the Agreement during the pendency of any dispute or disagreement relating to this Agreement, unless performance would be impracticable or impossible under the circumstances. N. Any failure of Contractor to comply with any of the foregoing conditions precedent with regard to any such Claim shall constitute a waiver of any entitlement to submit or pursue such Claim. O. Receipt and review of a Claim by City shall not be construed as a waiver of any defenses to the Claim available to the City under the Contract Documents or at law. ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS 14.01 Payment of Prevailing Wage Rates A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. B. Contractor and its Subcontractors are required to pay Davis-Bacon Wage Rates. C. Contractor and its Subcontractors are required to pay laborers and mechanics an overtime rate of not less than one and one-half times the basic rate for all hours worked in excess of forty hours in a given workweek. 14.02 Records A. In accordance with Tex. Gov’t Code §2258.024, the Contractor and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 14.03 Liability; Penalty; Criminal Offense A. Tex. Gov’t Code §2258.003 – Liability: An officer, agent, or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. B. Tex. Gov’t Code §2258.023(b) – Penalty: Any Contractor or Subcontractor who violates the requirements of Chapter 2258, shall pay to the Owner, on whose behalf the Contract is made, $60 for each worker employed on each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex. Gov’t Code §2258.058 – Criminal Offense: DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 58 Corpus Christi Standards Rev 2/2020 1. An officer, agent, or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any Contractor or Subcontractor, or an agent or representative of the Contractor or Subcontractor, commits an offense if the person violates Tex. Gov’t Code §2258.024. 3. An offense is punishable by: a. A fine not to exceed $500; b. Confinement in jail for a term not to exceed 6 months; or c. Both a fine and confinement. 14.04 Prevailing Wage Rates A. Use the Prevailing Wage Rates specified in the Supplementary Conditions. ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 15.01 Cost of the Work A. The Cost of the Work is the sum of costs described in this Paragraph 15.01, except those excluded in Paragraph 15.01.D, necessary for the proper performance of the Work. The provisions of this Paragraph 15.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price under cost-plus, time-and-materials, or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. B. Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment when the value of the adjustment is determined on the basis of the Cost of the Work. C. Costs included in the Cost of the Work may not exceed the prevailing costs in the proximate area of the Site for similar work unless agreed to by the Owner. Cost of the Work includes only the following items: 1. Payroll costs for Contractor’s employees performing the Work, including one foreman per crew, and other required and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according to wage rates for job classifications as agreed to by Owner. Where the Cost of the Work is being used under provisions of Paragraph 15.01.A.2, rates paid for this Work are to be the same as paid for Contract Work as established by certified payroll. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits, which may include: 1) Social security contributions, 2) Unemployment, 3) Excise and payroll taxes, 4) Workers’ compensation, DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 59 Corpus Christi Standards Rev 2/2020 5) Health and retirement benefits, 6) Bonuses, and 7) Paid time off for sick leave, vacations, and holidays; and c. Actual cost of additional compensation paid for performing Work outside of regular working hours, on Sunday or legal holidays, to the extent authorized by Owner. 2. Cost of materials and equipment furnished and incorporated in the Work, including transportation and storage costs and required Suppliers’ field services. Contractor may retain cash discounts unless Owner provided funds to the Contractor for early payment of these materials and equipment. Cash discounts are to be credited to Owner if the Owner provides funds for early payment. Make provisions for trade discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the Contractor. Bids are to be opened in the presence of the OAR and other designated members for the OPT. Provide copies of bids to the OAR to use in determining, with the OPT, which bids are acceptable. The Subcontractor’s Cost of the Work and fee are determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 15.01 if the subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. 4. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work; b. Costs of materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site including transportation and maintenance costs; c. Costs of hand tools not owned by the workers consumed in the performance of the Work. Costs of hand tools not owned by the workers which are used but not consumed in the performance of the Work and which remain the property of Contractor, less their market value when Work is completed; d. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from Contractor or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; e. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; f. Deposits lost for causes other than negligence of Contractor’s Team; g. Royalty payments and fees for permits and licenses; DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 60 Corpus Christi Standards Rev 2/2020 h. Cost of additional utilities, fuel, and sanitary facilities at the Site; i. Minor expense items directly required by the Work; and j. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office, for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 15.01.C.1 or specifically covered by Paragraph 15.01.C.4. These administrative costs are covered by the Contractor’s fee. 2. Office expenses other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the actions of Contractor’s Team for the correction of Defective Work, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. 5. Losses, damages, and related expenses caused by damage to the Work or sustained by Contractor in connection with the performance of the Work. Contractor is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining Contractor’s fee. 6. Any Indemnified Cost paid with regard to Contractor’s indemnification of Owner. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 15.01.C. E. The Contractor’s fee for profit and overhead is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis; 2. A mutually acceptable fixed fee; or 3. A fee based on the following percentages of the various portions of the Cost of the Work: a. The Contractor’s fee is 15 percent for costs incurred under Paragraphs 15.01.C.1, 15.01.C.2 and 15.01.C.4; b. The Contractor’s fee is 5 percent for costs incurred under Paragraph 15.01.C.3; c. Fees are to be determined as follows where one or more tiers of subcontracts are used: 1) The Subcontractor’s fee is 15 percent for costs incurred under Paragraphs 15.01.C.1 and 15.01.C.2 for the Subcontractor that actually performs the Work at whatever tier; DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 61 Corpus Christi Standards Rev 2/2020 2) The Subcontractor’s fee is 5 percent for costs incurred under Paragraph 15.01.C.4 for the Subcontractor that actually performs the Work at whatever tier; and 3) The Contractor and Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work are to be allowed a fee of 5 percent of the fee plus underlying costs incurred by the next lower tier Subcontractor. d. No fee is payable on the basis of costs itemized under Paragraph 15.01.D; e. Five percent of the net decrease in the cost is to be deducted for changes which result in a net decrease in Contract Price; and 4. The adjustment in Contractor’s fee is based on the net change in accordance with Paragraphs 15.05.B.1 through 15.05.B.5, inclusive when both additions and credits are involved in any one change. F. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting data, in a form and at intervals acceptable to OAR whenever the Cost of the Work is to be determined pursuant to this Paragraph 15.01. G. Use the Rental Rate Blue Book to calculate cost of construction equipment. 15.02 Allowances A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. B. Contractor agrees that: 1. The cash allowance is used to compensate the Contractor for the cost of furnishing materials and equipment for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances; and 3. Costs for cash allowances and installation costs as described in Paragraphs 15.02.B.1 and 15.02.B.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 15.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the Contract. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 62 Corpus Christi Standards Rev 2/2020 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by Contractor to be incorporated into each Application for Payment. OAR’s decision on actual quantities is final and binding, subject to the provisions of Paragraph 15.03.E. E. Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price within 30 days of OAR’s decision under Paragraph 15.03.D, if: 1. The total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of an item indicated in the Contract; 2. There is no corresponding adjustment with respect to other items of Work; and 3. Contractor believes it has incurred additional expense as a result of this condition or Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. 15.04 Contingencies A. Contingency funds may be included in the Contract Price to pay for Work not defined specifically by the Contract Documents that is essential to the completion of the Project. Contingency funds will be as described in the Contract. B. The contingency funds may be used for costs incurred by the Contractor provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 15.01. The contingency funds are not to be used for the following items: 1. Cost overruns due to changes in material costs after the Contract Price is established, unless specific price escalation provisions are made in the Contract. 2. Rework required to correct Defective Work. 3. Inefficiencies in completing the Work due to the Contractor’s selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued, the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 63 Corpus Christi Standards Rev 2/2020 D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 16.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. Contractor can require compliance with Contractor’s safety procedures and programs as part of providing safe access. 16.02 Tests, Inspections and Approvals A. OPT may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is ready for required inspections and tests. Provide adequate notice to allow for coordination with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected, tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT’s acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work; 6. For re-inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 16.03 Defective Work A. It is Contractor’s obligation to ensure that the Work is not Defective. B. OPT has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify Contractor of Defective Work of which OPT has actual knowledge. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 64 Corpus Christi Standards Rev 2/2020 D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner’s special warranties or guarantees when correcting Defective Work. F. Pay claims, costs, losses, and damages arising out of or relating to Defective Work, including: 1. Costs for correction, removal, and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; 3. Fines levied against Owner by governmental authorities because of Defective Work; and 4. Costs of repair or replacement of work of others resulting from Defective Work. 16.04 Acceptance of Defective Work A. Owner may elect to accept Defective Work instead of requiring correction or removal and replacement of Defective Work provided: 1. This acceptance occurs prior to final payment; 2. Designer confirms that the Defective Work is in general accordance with the design intent and applicable engineering or architectural principles; and 3. Designer confirms that acceptance of the Defective Work does not endanger public health or safety. B. Owner may impose a reasonable set-off against payments due under Article 17 for costs associated with OPT’s evaluation of Defective Work to determine if it can be accepted and to determine the diminished value of the Work. Owner may impose a reasonable set-off against payments due under Article 17 if the parties are unable to agree as to the decrease in the Contract Price to compensate Owner for the diminished value of Defective Work accepted. OAR is to issue a Modification for acceptance of the Defective Work prior to final payment. Pay an appropriate amount to Owner if the acceptance of Defective Work occurs after final payment. 16.05 Uncovering Work A. OPT has the authority to require inspection or testing of the Work, whether or not the Work is fabricated, installed or completed. B. Work that is covered prior to approval of the OAR must be uncovered for OPT’s observation if requested by OAR. Pay for uncovering Work and its subsequent restoration unless Contractor has given OAR timely notice of Contractor’s intention to cover the Work and OAR fails to act with reasonable promptness in response to this notice. C. Provide necessary labor, material, and equipment and uncover, expose, or otherwise make available the portion of the Work suspected of being Defective for observation, inspection, or testing if OPT considers it necessary or advisable that covered Work be observed by Designer or inspected or tested by others as directed by the OAR. 1. Pay for claims, costs, losses, and damages associated with uncovering, exposing, observing, inspecting, and testing if it is found that the uncovered Work is Defective. Pay costs for correction of Defective Work. Pay for reconstruction, repair, or DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 65 Corpus Christi Standards Rev 2/2020 replacement of work of others resulting from the Defective Work if it is found that the uncovered Work is Defective. 16.06 Owner May Stop the Work A. Owner may order Contractor to stop the Work if: 1. The Work is Defective; 2. Contractor fails to supply sufficient skilled workers or suitable materials or equipment; or 3. Contractor performs Work that may fail to conform to the Contract Documents when completed. This stop work order is to remain in effect until the reason for the stop work order has been eliminated. Owner’s right to stop the Work does not create a duty to exercise this right for the benefit of Contractor’s Team or surety. 16.07 Owner May Correct Defective Work A. Owner may remedy deficiencies in the Work after 7 days’ notice to Contractor if: 1. Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by OPT; 2. Contractor fails to perform the Work in accordance with the Contract Documents; or 3. Contractor fails to comply with other provisions of the Contract Documents. B. Owner may: 1. Exclude Contractor from the Site; 2. Take possession of the Work and suspend Contractor’s services related to the Work; and 3. Incorporate stored materials and equipment in the Work. C. Allow OPT access to the Site and off Site storage areas to enable Owner to exercise the rights and remedies under this Paragraph 16.07. D. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 16.07 are to be charged against Contractor as a set-off against payments due under Article 17. These claims, costs, losses, and damages include costs of repair and the cost of replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s Defective Work. E. Contractor is not allowed an extension of the Contract Times because of delays in the performance of the Work attributable to the exercise of the Owner’s rights and remedies under this Paragraph 16.07. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 66 Corpus Christi Standards Rev 2/2020 ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 17.01 Progress Payments A. Progress payment requests are to be submitted to the OAR on the Application for Payment form provided by the OAR following procedures in this Article 17. 1. Progress payments for lump sum Work are to be paid on the basis of the earned value to date at the amounts shown in the Schedule of Values submitted as required by Paragraph 17.03. Final payment will be for the total lump sum amount. 2. Progress payments for Unit Price Work are based on the number of units completed as determined under the provisions of Paragraph 15.03. 3. Progress payments for Work to be paid on the basis of the Cost of the Work per Paragraphs 15.01, 15.02 and 15.04 are to be paid for Work completed by Contractor during the pay period. B. Reduction in Payment by Owner: 1. Owner is entitled to impose a set-off against payment based on the following: a. Claims made against Owner or costs, losses, or damages incurred by Owner related to: 1) Contractor’s conduct in the performance of the Work, including, but not limited to, workplace injuries, non-compliance with Laws and Regulations, or patent infringement; or 2) Contractor’s failure to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site, including but not limited to, workplace injuries, property damage, and non-compliance with Laws and Regulations. b. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; c. Work is Defective, or completed Work has been damaged by Contractor’s Team, requiring correction or replacement; d. Owner has been required to correct Defective Work or complete Work in accordance with Paragraph 16.07; e. The Contract Price has been reduced by Change Orders; f. Events have occurred that would constitute a default by Contractor justifying a termination for cause; g. Liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; i. Failure to submit up-to-date record documents as required by the Contract Documents; DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 67 Corpus Christi Standards Rev 2/2020 j. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; k. Failure to provide Project photographs required by the Contract Documents; l. Failure to provide Certified Payroll required by the Contract Documents; m. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re-inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; n. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; o. OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; p. Other items entitling Owner to a set-off against the amount recommended; or q. Payment would result in an over-payment of the Contract Price. 2. Compensation for services of OPT staff is to be at the rates established by negotiations between OPT and Contractor. 3. OAR is to notify Contractor stating the amount and the reasons for an imposed set-off. The Owner is to pay the Contractor amounts remaining after deduction of the set-off. Owner is to pay the set-off amount agreed to by Owner and Contractor if Contractor remedies the reasons for the set-off. Contractor may submit a Change Proposal contesting the set-off. C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person, firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand, or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of the Application for Payment and accompanying documentation from the OAR. 17.02 Application for Payment A. Submit Applications for Payment for completed Work and for materials and equipment in accordance with the Supplementary Conditions, the Agreement, and this Article 17. The Contract Price is to include costs for: 1. Providing the Work in accordance with the Contract Documents; DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 68 Corpus Christi Standards Rev 2/2020 2. Installing Owner furnished equipment and materials; 3. Providing Work for Alternates and Allowances; 4. Commissioning, start-up, training and initial maintenance and operation; 5. Acceptance testing in manufacturer’s facilities or on Site; 6. All home office overhead costs and expenses, including profit made directly or indirectly for the Project; 7. Project management, Contract administration, field office, and field operations staff, including supervision, clerical support, and technology system support; 8. Professional services including design fees, legal fees, and other professional services; 9. Bonds and insurance; 10. Permits, licenses, patent fees, and royalties; 11. Taxes; 12. Providing all documents and Samples required by the Contract Documents; 13. Facilities and equipment at the Site including: a. Field offices, office furnishings, and all related office supplies, software, and equipment, b. Storage facilities for Contractor’s use, storage facilities for stored materials and equipment, including spare parts storage, c. Shops, physical plant, construction equipment, small tools, vehicles, technology and telecommunications equipment, d. Safety equipment and facilities to provide safe access and working conditions for workers and for others working at the Site, e. Temporary facilities for power and communications, f. Potable water and sanitation facilities, and g. Mobilization and demobilization for all of these facilities and equipment; 14. Products, materials, and equipment stored at the Site or other suitable location; 15. Products, materials, and equipment permanently incorporated into the Project; 16. Temporary facilities for managing water, including facilities for pumping, storage, and treatment as required for construction and protection of the environment; 17. Temporary facilities for managing environment conditions and Constituents of Concern; 18. Temporary facilities such as sheeting, shoring, bracing, formwork, embankments, storage facilities, working areas, and other facilities required for construction of the Project; 19. Temporary and permanent facilities for protection of all overhead, surface, or underground structures or features; 20. Temporary and permanent facilities for removal, relocation, or replacement of any overhead, surface, or underground structures or features; DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 69 Corpus Christi Standards Rev 2/2020 21. Products, materials, and equipment consumed during the construction of the Project; 22. Contractor labor and supervision to complete the Project, including that provided through Subcontractors or Suppliers; 23. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents; 24. Risk associated with weather and environmental conditions, start-up, and initial operation of facilities including equipment, processes, and systems; 25. Contractor’s safety programs, including management, administration, and training; 26. Maintenance of facilities, including equipment, processes, and systems until operation is transferred to Owner; 27. Providing warranties, extended or special warranties, or extended service agreements; 28. Cleanup and disposal of any and all surplus materials; and 29. Demobilization of all physical, temporary facilities not incorporated into the Project. B. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price. C. Provide written approval of the surety company providing Bonds for the Schedule of Values, Application for Payment form, and method of payment prior to submitting the first Application for Payment. Payment will not be made without this approval. D. OAR may withhold processing Applications for Payment if any of the following processes or documentation are not up to date: 1. Record Documents per Article 20. 2. Progress Schedule per Article 27. 3. Project photographs per Article 28. 4. Documentation required to comply with Owner’s Minority / MBE / DBE Participation Policy. 5. Documentation required to substantiate any approved Project deviation, including overruns of Designer’s estimated quantity. 6. Documentation required by funding agency, if applicable. 17.03 Schedule of Values A. Submit a detailed Schedule of Values for the Work at least 10 days prior to submitting the first Application for Payment. B. Submit the Schedule of Values in the form attached to the Application for Payment - Tabulation of Earned Value of Original Contract Performed. C. Do not submit an Application for Payment until the Schedule of Values has been approved by the OAR. D. If unit prices are included in the Contract, use each unit price line item in the Contract as a unit price line item in the Schedule of Values. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 70 Corpus Christi Standards Rev 2/2020 E. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. 2. Line items may not exceed $50,000.00, unless they are for products, materials or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include Contractor’s overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. 7. The sum of all values listed in the schedule must equal the total Contract Price. F. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other costs associated with the item in the Contract. The sum of the two components must equal the value of the line item in the Schedule of Values. G. Where a percentage of the line value is allowed for a specified stage of completion, show the value for each stage of completion as a component of that line item cost. 17.04 Schedule of Anticipated Payments and Earned Value A. Submit a schedule of the anticipated Application for Payments showing the application numbers, submission dates, and the anticipated amount to be requested. Incorporate retainage into the development of this schedule of anticipated payments. B. Submit a tabulation of the anticipated Total Earned Value of Fees, Work, and Materials to create a graphic (curve) representation of the anticipated progress on the Project each month. Adjust this table and curve to incorporate Modifications. Use this curve to compare actual progress on the Project each month by comparing the anticipated cumulative Total Earned Value of Fees, Work, and Materials to the actual Total Earned Value of Fees, Work, and Materials each month. Use the comparison of values to determine performance on budget and schedule. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 71 Corpus Christi Standards Rev 2/2020 C. Update the Schedule of Payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed. 17.05 Basis for Payments A. Lump Sum Contracts: 1. Payment will be made for the earned value of Work completed during the payment period expressed as a percentage of Work completed for each line item during the payment period per the Contract Documents. 2. Payment amount is the value of Work completed per the Contract Documents multiplied by the percentage of Work completed. 3. Payment for lump sum items divided into an estimated number of units to determine earned value per Paragraph 17.03 will be made for the measured number of units. 4. Payment for stored materials and equipment will be made per Paragraph 17.06. B. Unit Price Contracts: 1. Payment will be made for the actual quantity of Work completed during the payment period and for materials and equipment stored during the payment period per the Contract Documents. a. Payment amount is the Work quantity measured per the Contract Documents multiplied by the unit prices for that line item in the Contract. b. Payment for stored materials and equipment will be made per Paragraph 17.06. 2. Measure the Work described in the Contract for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. 17.06 Payment for Stored Materials and Equipment A. Store materials and equipment properly at the Site. 1. Payment will be made for the invoice amount less the specified retainage. 2. Payment for materials and equipment shown in the Application for Payment and attachments will be made for the invoice amount, up to the value shown in the Schedule of Values for that line item. Costs for material and equipment in excess of the value shown in the Schedule of Values may not be added to other line items. 3. Payment will be made in full for the value shown in the line item for products and materials if invoices for materials and equipment are less than the amount shown in the line item and it can be demonstrated that no additional materials or equipment are required to complete Work described in that item. 4. Provide invoices at the time materials are included on the Application for Payment and attachments. Include invoice numbers so that a comparison can be made between invoices and amounts included on the Application for Payment and attachments. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 72 Corpus Christi Standards Rev 2/2020 B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for materials and equipment with the next Application for Payment. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the tabulation of materials and equipment if this documentation is not provided. Payment will not be made for material and equipment without documentation of payment. C. Contractors can be paid for non-perishable materials on hand stored at the site, provided that invoices are furnished to the City for verification of the material value, and that Contractor provides documents, satisfactory to the City, that show that the material supplier has been paid for the materials delivered to the work site. D. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest. E. The Work covered by progress payments becomes the property of the Owner at the time of payment. The Contractor’s obligations with regard to proper care and maintenance, insurance, and other requirements are not changed by this transfer of ownership until accepted in accordance with the General Conditions. F. Payment for materials and equipment does not constitute acceptance of the product. 17.07 Retainage and Set-Offs A. Retainage will be withheld from each Application for Payment per the Agreement. Retainage will be released per the General Conditions. B. Reduce payments for set-offs per the General Conditions. Include the appropriate attachment to the Application for Payment. 17.08 Procedures for Submitting an Application for Payment A. Submit a draft Application for Payment to the OAR each month at least 20 days before the date established in the Contract for Owner to make progress payments. Do not submit Applications for Payment more often than monthly. Review the draft Application for Payment with the OAR to determine concurrence with: 1. The earned value for each lump sum item including the value of properly stored and documented materials and equipment for each item in the original Contract. 2. The quantity of Work completed for each unit price item. 3. Set-offs included in the Application for Payment. 4. Values requested for materials and equipment consistent with invoices for materials and equipment. B. Submit Applications for Payment monthly through the OAR after agreement has been reached on the draft Application for Payment. 1. Number each application sequentially and include the dates for the application period. 2. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage, and set- DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 73 Corpus Christi Standards Rev 2/2020 offs. Show total amounts that correspond to totals indicated on the attached tabulation for each. 3. Include Attachment A to show the earned value on each line item in the Schedule of Values for Work shown in the original Contract. 4. Include Attachment B to show the earned value on line items for approved Change Orders. Add items to Attachment B as Change Orders are approved. Change Orders must be approved before payment can be made on Change Order items. 5. Include Attachment C to document set-offs required per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the set-off amount if a payment held by a set-off is released for payment. 6. Include Attachment D to allow tracking of invoices used to support amounts requested as materials in Attachments A and B. Enter materials to show the amount of the invoice assigned to each item in Attachment A or B if an invoice includes materials used on several line items. 7. Complete the certification stating that all Work, including materials and equipment, covered by this Application for Payment have been completed or delivered and stored in accordance with the Contract Documents, that all amounts have been paid for Work, materials, and equipment for which previous payments have been made by the Owner, and that the current payment amount shown in this Application for Payment is now due. C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. 2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. 17.09 Responsibility of Owner’s Authorized Representative A. OAR will review draft Application for Payment with Contractor to reach an agreement on the values that will be recommended for payment by the OAR. B. OAR will review Application for Payment submitted by Contractor to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment. C. OAR is to either recommend payment of the Application for Payment to Owner or notify the Contractor of the OPT’s reasons for not recommending payment. Contractor may make necessary corrections and resubmit the Application for Payment if it is not recommended within 10 days after receipt of the notice. OAR will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate. D. OAR’s recommendation of the Application for Payment constitutes a representation by OPT that based on their experience and the information available: 1. The Work has progressed to the point indicated; DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 74 Corpus Christi Standards Rev 2/2020 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. E. This representation is subject to: 1. Further evaluation of the Work as a functioning whole; 2. The results of subsequent tests called for in the Contract Documents; or 3. Any other qualifications stated in the recommendation. F. OPT does not represent by recommending payment: 1. Inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or 2. Other matters or issues between the parties that might entitle Contractor to additional compensation or entitle Owner to withhold payment to Contractor may or may not exist. G. Neither OPT’s review of Contractor’s Work for the purposes of recommending payments nor OAR’s recommendation of payment imposes responsibility on OPT: 1. To supervise, direct, or control the Work; 2. For the means, methods, techniques, sequences, or procedures of construction, or safety precautions and programs; 3. For Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work; 4. To make examinations to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price; or 5. To determine that title to the Work, materials, or equipment has passed to Owner free and clear of Liens. 17.10 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to the Work, materials, and equipment furnished under the Contract is to pass to Owner free and clear of Liens, title defects, and patent, licensing, copyright, or royalty obligations no later than 7 days after the time of payment by Owner of the Application for Payment which includes these items. 17.11 Substantial Completion A. Notify OAR when Contractor considers the entire Work substantially complete and request a Certificate of Substantial Completion. B. OPT is to inspect the Work within 30 days after Contractor’s notification to determine if the Work is substantially complete. OAR, within 120 days after receipt of Contractor’s notification, is to either issue the Certificate of Substantial Completion which sets the date of Substantial Completion or notify Contractor of the reasons the Project is not considered to be substantially complete. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 75 Corpus Christi Standards Rev 2/2020 C. The OPT and Contractor are to meet to discuss Owner’s use or occupancy of the Work following Substantial Completion. Items to be discussed at this meeting include: 1. Review of insurance policies with respect to the end of the Contractor’s coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner; 2. Owner’s assumption of responsibility for security, operation, protection of the Work, maintenance, and utilities upon Owner’s use or occupancy of the Work; 3. Contractor’s obligations for operations and maintenance during performance and acceptance testing; 4. Contractor’s access to the Site to complete punch list items; and 5. Procedures for correction of Defective Work during the 1-year correction period. 17.12 Partial Utilization A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and Contractor agree constitutes a separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 17.11 for this part of the Work. B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6. 17.13 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted is complete. OAR is to notify Contractor of Work determined to be incomplete or Defective. Immediately take corrective measures to complete the Work and correct Defective Work. 17.14 Final Application for Payment A. Include adjustments to the Contract Price in the final Application for Payment for: 1. Approved Change Orders and Contract Amendments, 2. Allowances not previously adjusted by Change Order, 3. Deductions for Defective Work that has been accepted by the Owner, 4. Penalties and bonuses, 5. Deductions for liquidated damages, 6. Deduction for all final set-offs, and 7. Other adjustments if needed. B. OAR will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and if necessary reconcile estimate unit price quantities with actual quantities. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 76 Corpus Christi Standards Rev 2/2020 17.15 Final Payment A. Make final Application for Payment after completing required corrections identified during the final inspection and delivering items and documents required by the Contract Documents. Provide the following with the final Application for Payment: 1. Consent of Surety to Final Payment acknowledging unsettled disputes; and 2. Certification of Payment of Debts and Claims or Certification of Release of Liens or furnish receipts or releases in full from Subcontractors and Suppliers. B. OAR is to either recommend payment of the final Application for Payment to Owner if OPT is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled or notify the Contractor of the OPT’s reasons for not recommending final payment. C. The Work is complete, subject to surviving obligations, when it is ready for final payment as established by the OAR’s recommendation of payment of the final Application for Payment to Owner and the issuance of a Certificate of Final Completion. D. The Owner is to pay the amount of final payment recommended by the OAR within 30 days after receipt of the final Application for Payment and accompanying documentation from the OAR. 17.16 Waiver of Claims A. The making of final payment does not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from: 1. Unsettled Liens or claims for non-payment; 2. Defective Work appearing after final inspection; 3. Contractor’s failure to comply with the Contract Documents or the terms of specified special guarantees; or 4. Contractor’s continuing obligations under the Contract Documents. B. Contractor waives claims and rights against Owner by accepting final payment with the exception of those Claims made in accordance with the provisions of Article 22 and specifically noted in the Certificate of Final Completion. 17.17 Correction Period A. Promptly correct Defective Work without cost to Owner for 1 year after the date of Substantial Completion or, in the event of a latent defect, within 1 year after discovery thereof by City. B. Promptly correct damages to the Site or adjacent areas that Contractor has arranged to use through construction easements or other agreements. Promptly correct damages to Work or the work of others. Make corrections without cost to Owner. C. Owner may have the Defective Work and damages described in Paragraphs 17.17.A and 17.17.B corrected if Contractor does not comply with the terms of OAR’s instructions, or in an emergency where delay would cause serious risk of loss or damage. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 77 Corpus Christi Standards Rev 2/2020 D. Contractor’s obligation to indemnify Owner for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or system is placed in continuous beneficial use by Owner before Substantial Completion of Work if so provided in the Specifications or if accepted for beneficial use by the Owner. F. Contractor’s obligations under this Paragraph 17.17 are in addition to other obligations or warranties. The provisions of this Paragraph 17.17 are not a substitute for, or a waiver of, the provisions of applicable statutes of limitation or repose. ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION 18.01 Owner May Suspend Work A. Owner may suspend the Work or a portion of the Work for a period of not more than 90 consecutive days, at any time and without cause, by notice to Contractor. This notice fixes the date on which Contractor is to resume Work. Contractor is entitled to adjustments in the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. 18.02 Owner May Terminate for Cause A. The occurrence of one or more of the following events constitutes a default by Contractor and justifies termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment; 2. Failure to adhere to the Progress Schedule; 3. Failure of the Contractor to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled; 4. Failure of Contractor to maintain financial solvency to adequately complete the Project as indicated by one or more of the following: a. A petition of bankruptcy is filed by or against Contractor, b. Contractor is adjudged as bankrupt or insolvent, c. Contractor or surety makes a general assignment for the benefit of creditors, d. A receiver is appointed for the benefit of Contractor’s creditors, or e. A receiver is appointed on account of Contractor’s insolvency; 5. Contractor’s disregard of Laws or Regulations of public bodies having jurisdiction; 6. Contractor’s repeated disregard of the authority of OPT; 7. Contractor’s failure to prosecute the work with diligence; or DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 78 Corpus Christi Standards Rev 2/2020 8. Contractor’s other material breach of the contract. B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 18.02.A.4. Owner may terminate Contractor’s performance under this Contract if Contractor and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR’s request for this information. C. Owner may declare Contractor to be in default, give notice to Contractor and surety that Contractor’s performance under the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving Contractor and surety 10 days’ notice that one or more of the events identified in Paragraph 18.02.A has occurred. D. Owner may exclude Contractor from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated Contractor’s performance under the Contract for cause. E. Owner may elect not to proceed with termination of Contractor’s performance under the Contract under this Paragraph 18.02 if Contractor begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate. F. Contractor is not entitled to receive further payments until the Work is completed if Owner proceeds as provided in this Paragraph 18.02. The amount of the Contract Price remaining is to be paid to the Contractor if the unpaid balance exceeds the cost to complete the Work. The cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination of Contractor’s performance does not affect the rights or remedies of Owner against Contractor or against surety under the Payment Bond or Performance Bond. Owner does not release Contractor from liability by paying or retaining money due Contractor. H. In the event the Owner terminates the contract for cause, and it is later determined that cause for termination was lacking, the termination will be deemed a termination without cause under Paragraph 18.03. 18.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days’ notice to Contractor of the effective date of termination. Contractor is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 15.05; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 79 Corpus Christi Standards Rev 2/2020 B. No payment is payable to Contractor for loss of anticipated overhead, profits or revenue, or other economic loss arising out of or resulting from this termination. ARTICLE 19 – PROJECT MANAGEMENT 19.01 Work Included A. Furnish resources required to complete the Project with an acceptable standard of quality within the Contract Times. B. Construct Project in accordance with current safety practices. C. Manage Site to allow access to Site and control construction operations. D. Construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. E. Provide temporary controls for pollutions, management of water and management of excess earth. 19.02 Quality Assurance A. Employ competent workmen, skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents. B. Remove Defective Work from the Site immediately unless provisions have been made and approved by the OPT to allow repair of the product at the Site. Clearly mark Work as Defective until it is removed or allowable repairs have been completed. 19.03 Document Submittal A. Provide documents in accordance with Article 24. 1. Provide copies of Supplier’s printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. 2. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Data. 19.04 Required Permits A. Obtain building permits for the Project from the local authorities having jurisdiction. Pay building permit fees and include this cost in the Contract Price. B. Obtain environmental permits required for construction at the Site. C. Provide required permits for transporting heavy or oversized loads. D. Provide other permits required to conduct any part of the Work. E. Arrange for inspections and certification by agencies having jurisdiction over the Work. F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees. G. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 80 Corpus Christi Standards Rev 2/2020 19.05 Safety Requirements A. Manage safety to protect the safety and welfare of persons at the Site. B. Provide safe access to move through the Site. Provide protective devices to warn and protect from hazards at the Site. C. Provide safe access for those performing tests and inspections. D. Comply with latest provisions of the Occupational Health and Safety Administration and other Laws and Regulation. E. Cooperate with accident investigations. Provide two copies of all reports, including insurance company reports, prepared concerning accidents, injury, or death related to the Project to the OAR as Record Data per Article 26. 19.06 Access to the Site A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding, and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. C. Use roadways for construction traffic only with written approval of the appropriate representatives of each entity. Obtain written approval to use roads to deliver heavy or oversized loads to the Site. Furnish copies of the written approvals to the Owner as Record Data per Article 26. 19.07 Contractor’s Use of Site A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the OAR. Coordinate the use of the premises with the OAR. B. Provide security at the Site as necessary to protect against vandalism and loss by theft. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures. E. Park employees’ vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately-owned land outside of the Owner’s property, rights-of-way, or easements. G. Do not allow the use of audio devices, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 81 Corpus Christi Standards Rev 2/2020 H. Require Workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, exceedingly torn, ripped, or soiled clothing to be worn on the Project. I. Do not allow firearms or weapons of any sort to be brought on to the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove any firearms or weapons and the person possessing these firearms or weapons immediately from the Site. 19.08 Protection of Existing Structures and Utilities A. Examine the Site and review the available information concerning the Site. Locate utilities, streets, driveways, fences, drainage structures, sidewalks, curbs, and gutters. Verify the elevations of the structures adjacent to excavations. Report any discrepancies from information in the Contract Documents to the OAR before beginning construction. B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action and coordinate Work with local utility companies and others for the relocation or replacement. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damaged items to the satisfaction of the OPT and utility owner. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless required by the Contract Documents or approved by the OAR. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines, or other obstructions. E. Protect existing trees and landscaping at the Site. 1. Identify trees that may be removed during construction with OPT. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 4. Protect root zone from compaction. 19.09 Pre-Construction Exploratory Excavations A. Excavate and expose existing pipelines that cross within 20 feet of Project pipelines prior to any Work. Survey the line to determine its exact vertical and horizontal location at each point the existing pipeline may potentially conflict with the Work. B. Excavate and expose existing parallel pipelines at 300 feet intervals (maximum) for existing pipelines which are within 10 feet of Project pipelines. Survey the line to determine its exact vertical and horizontal location at each point where the line is excavated and exposed. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 82 Corpus Christi Standards Rev 2/2020 C. Prepare a Plan of Action indicating the owner of pipelines excavated and surveyed and all pertinent survey data, including the station where lines cross or conflicts may exist and the distance to the pavement centerline and elevations of the top of existing pipelines. D. Do not perform Work on the Project until all exploratory excavations have been completed and the Plan of Action has been approved by the OAR. E. Unless specifically indicated otherwise in the Bid Form, no separate payment will be made for pre-construction exploratory excavations. Include the cost for pre-construction exploratory excavations in the unit price for the pipe construction or other applicable feature. When necessary, pavement repairs associated with exploratory excavations that are beyond the limits of the new pavement will be paid for at the unit prices for pavement repair when an item is included in the Bid Form. When an item for pavement repair is not included in the Bid Form, the cost should be included in the unit price for the pipe construction or other applicable feature. 19.10 Disruption of Services/Continued Operations A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner of utilities must be able to operate and maintain the facilities. Keep disruptions to existing utilities, piping, process piping, or electrical services to a minimum. 1. Do not restrict access to critical valves or operators. 2. Limit operations to the minimum amount of space needed to complete the specified Work. 3. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted. B. Provide a Plan of Action if facilities must be taken out of operation. 19.11 Field Measurements A. Perform complete field measurements prior to purchasing products or beginning construction for products required to fit existing conditions. B. Verify property lines, control lines, grades, and levels indicated on the Drawings. C. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. D. Include field measurements in Record Data as required in Article 26. 19.12 Reference Data and Control Points A. The OPT will provide the following control points: 1. Base line or grid reference points for horizontal control. 2. Benchmarks for vertical control. B. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Designated control points may be on an existing structure or monument. Do not change or relocate points without prior approval of the OAR. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 83 Corpus Christi Standards Rev 2/2020 Notify OAR when the reference point is lost, destroyed, or requires relocation. Replace Project control points on the basis of the original survey. C. Provide complete engineering layout of the Work needed for construction. 1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms, tools, and materials. 2. Provide surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision. 3. Record Data and measurements per standards. 19.13 Delivery and Storage A. Deliver products and materials to the Site in time to prevent delays in construction. B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store properly until used. Leave products in packages or other containers until installed. C. Assume full responsibility for the protection and safekeeping of products stored at the Site. D. Store products at locations acceptable to the OAR and to allow Owner access to maintain and operate existing facilities. E. Store products in accordance with the Supplier’s storage instructions immediately upon delivery. Leave seals and labels intact. F. Provide additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather-tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control, and ventilation within the ranges stated in the Supplier’s instructions. Remove storage facilities at the completion of the Project. G. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Clean or wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position. H. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining. 2. Cover products subject to discoloration or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 84 Corpus Christi Standards Rev 2/2020 4. Provide surface drainage to prevent erosion and ponding of water. 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure. 7. Store light weight products to prevent wind damage. I. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities continue to meet specified requirements; 2. Supplier’s required environmental conditions are continually maintained; and 3. Products that can be damaged by exposure to the elements are not adversely affected. J. Replace any stored item damaged by inadequate protection or environmental controls. K. Payment may be withheld for any products not properly stored. 19.14 Cleaning During Construction A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air-borne dust from disbursing into the atmosphere. Control dust and dirt from demolition, cutting, and patching operations. B. Clean the Project as Work progresses and dispose of waste materials, keeping the Site free from accumulations of waste or rubbish. Provide containers on Site for waste collection. Do not allow waste materials or debris to blow around or off of the Site. Control dust from waste materials. Transport waste materials with as few handlings as possible. C. Comply with Laws and Regulations. Do not burn or bury waste materials. Remove waste materials, rubbish and debris from the Site and legally dispose of these at public or private disposal facilities. D. Provide a final cleaning to thoroughly clean the entire Site and make ready for acceptance. 1. Remove construction debris, boxes, and trash from the Site. 2. Remove construction storage sheds and field offices. 3. Restore grade to match surrounding condition and remove excess dirt. 4. Sweep all drives and parking lots clean of dirt and debris. Use water trucks or hose down paved site to like new appearance. 19.15 Maintenance of Roads, Driveways, and Access A. Maintain roads and streets in a manner that is suitable for safe operations of public vehicles during all phases of construction unless the Owner approves a street closing. Do not close public roads overnight. B. Submit a Notification by Contractor for Owner’s approval of a street closing. The request shall state: DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 85 Corpus Christi Standards Rev 2/2020 1. The reason for closing the street. 2. How long the street will remain closed. 3. Procedures to be taken to maintain the flow of traffic. C. Construct temporary detours, including by-pass roads around construction, with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). D. Assume responsibility for any damage resulting from construction along roads or drives. 19.16 Area Access and Traffic Control A. Provide traffic control measures to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. Provide all-weather access to all residents and businesses at all times during construction. Provide temporary driveways and/or roads of approved material during wet weather. Maintain a stockpile of suitable material on the Site to meet the demands of inclement weather. B. Schedule operations to minimize adverse impact on the accessibility of adjoining properties. Sequence construction to build driveways in half widths, construct temporary ramps, or any other measure required to maintain access to adjoining properties. C. Comply with the Owner’s Uniform Barricading Standards and Practices. Copies of this document are available through the Owner’s Traffic Engineering Department. Secure required permits from the Owner’s Traffic Engineering Department. 19.17 Overhead Electrical Wires A. Comply with OSHA safety requirements regarding construction equipment working beneath overhead electrical wires. Prevent and pay for repairs for damage to existing overhead electrical wires or facilities. B. Provide for adequate safety with regard to overhead lines whether overhead lines are or are not shown in the Contract Documents. 19.18 Blasting A. Blasting is not allowed for any purpose. 19.19 Archeological Requirements A. Cease operations immediately and contact the Owner for instructions if historical or archaeological artifacts are found during construction. B. Conduct all construction activities to avoid adverse impact on the Sites where significant historical or archaeological artifacts are found or identified as an area where other artifacts could be found. 1. Obtain details for Working in these areas. 2. Maintain confidentiality regarding the Site. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 86 Corpus Christi Standards Rev 2/2020 3. Adhere to the requirements of the Texas Historical Commission. 4. Notify the OAR and the Texas Historical Commission. C. Do not disturb archaeological sites. 1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis. 2. Coordinate activities to permit archaeological work to take place within the area. a. Attempt to archaeologically clear areas needed for construction as soon as possible. b. Provide a determination of priority for such areas. D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. E. Contract Times will be modified to compensate for delays caused by such archaeological finds. No additional compensation will be paid for delays. 19.20 Endangered Species Resources A. Do not perform any activity that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. B. Cease Work immediately in the area of the encounter and notify the OAR if a threatened or endangered species is encountered during construction. OPT will implement actions in accordance with the ESA and applicable State statutes. Resume construction in the area of the encounter when authorized to do so by the OAR. 19.21 Cooperation with Public Agencies A. Cooperate with all public and private agencies with facilities operating within the limits of the Project. B. Provide a 48-hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Texas 811 at 811 and the Lone Star Notification Company at 1-800-669-8344. ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included A. Administer Contract requirements to construct the Project. Provide documentation per the requirements of this Section. Provide information as requested by the OPT. 20.02 Document Submittal A. Provide documents in accordance with Article 24. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 87 Corpus Christi Standards Rev 2/2020 B. Use the forms provided for Contract administration, applications for payment, document submittals, documentation of test results, equipment installation and documentation, and Project closeout. A digital copy of the required forms will be provided to the Contractor before or at the pre-construction conference. 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The OAR will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. C. The OAR will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the OAR at the address indicated at the pre-construction conference. Include the following with communications as a minimum: 1. Name of the Owner. 2. Project name. 3. Contract title. 4. Project number. 5. Date. 6. A reference statement. 20.04 Project Meetings A. Pre-Construction Conference: 1. Attend a pre-construction conference. 2. The location of the conference will be determined by the OAR. 3. The time of the meeting will be determined by the OAR but will be after the Notice of Award is issued and not later than 15 days after the Notice to Proceed is issued. 4. The OPT, Contractor’s project manager and superintendent, representatives of utility companies, and representatives from major Subcontractors and Suppliers may attend the conference. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per Article 27. b. Schedule of Values and anticipated Schedule of Payments per Article 17. c. List of Subcontractors and Suppliers. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 88 Corpus Christi Standards Rev 2/2020 d. Contractor’s organizational chart as it relates to this Project. e. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, Contract Modifications, and payment requests. B. Progress Meetings: 1. Attend meetings with the OAR and Owner. a. Meet on a monthly basis or as requested by the OAR to discuss the Project. b. Meet at the Site or other location as designated by the OAR. c. Contractor’s superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. d. Notify the OAR of any specific items to be discussed a minimum of 1 week prior to the meeting. 2. Provide information as requested by the OAR or Owner concerning this Project. Prepare to discuss: a. Status of overall Project schedule. b. Contractor’s detailed schedule for the next month. c. Anticipated delivery dates for equipment. d. Coordination with the Owner. e. Status of documents. f. Information or clarification of the Contract Documents. g. Claims and proposed Modifications to the Contract. h. Field observations, problems, or conflicts. i. Maintenance of quality standards. 3. OAR will prepare minutes of meetings. Review the minutes of the meeting and notify the OAR of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in the minutes of the following meeting or as an attachment to the minutes. C. Pre- Submittal and Pre-Installation Meetings: 1. Conduct pre-submittal and pre-installation meetings as required in the individual technical Specifications or as determined necessary by the OAR (for example, instrumentation, roofing, concrete mix design, etc.). 2. Set the time and location of the meetings when ready to proceed with the associated Work. Submit a Notification by Contractor in accordance with Paragraph 20.07 for the meeting 2 weeks before the meeting. OPT must approve of the proposed time and location. 3. Attend the meeting and require the participation of appropriate Subcontractors and Suppliers in the meeting. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 89 Corpus Christi Standards Rev 2/2020 4. Prepare minutes of the meeting and submit to the OPT for review. OPT will review the minutes of the meeting and notify the Contractor of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in a revised set of meeting minutes. 20.05 Requests for Information A. Submit Request for Information (RFI) to the OAR 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. OAR will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. D. Use the Project Issues Log to document decisions made at meetings and actions to be taken in accordance with Paragraph 20.06. E. Use the Action Item Log to document assignments for actions to be taken in accordance with Paragraph 20.06. 20.06 Decision and Action Item Log A. OAR will maintain a Project Decision Log to document key decisions made at meetings, telephone conversation or Site visits using the format provided: 1. Review the log prior to each regular meeting. 2. Report any discrepancies to the OAR for correction or discussion at the next monthly meeting. B. OAR will maintain an Action Item log in conjunction with the Project Decision Log to track assignments made at meetings, telephone conversation, or Site visits using the format provided: 1. Review the Action Item Log prior to each regular meeting. 2. Report actions taken subsequent to the previous progress meeting on items in the log assigned to the Contractor or through the Contractor to a Subcontractor or Supplier to the OAR. Report on status of progress 1 week prior to each progress meeting established in Paragraph 20.04 to allow OAR to update the log prior to the Progress meetings. 3. Be prepared to discuss the status at each meeting. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 90 Corpus Christi Standards Rev 2/2020 C. Decisions or action items in the log that require a change in the Contract Documents will have the preparation of a Modification as an action item if appropriate. The Contract Documents can only be changed by a Modification. 20.07 Notification By Contractor A. Notify the OAR of: 1. Need for testing. 2. Intent to work outside regular working hours. 3. Request to shut down facilities or utilities. 4. Proposed utility connections. 5. Required observation by OAR, Designer, or inspection agencies prior to covering Work. 6. Training. B. Provide notification a minimum of 2 weeks in advance in order to allow OPT time to respond appropriately to the notification. C. Use “Notification by Contractor” form provided. 20.08 Record Documents A. Maintain at the Site one complete set of printed Record Documents including: 1. Drawings. 2. Specifications. 3. Addenda. 4. Modifications. 5. Record Data and approved Shop Drawings. 6. Construction photographs. 7. Test Reports. 8. Clarifications and other information provided in Request for Information responses. 9. Reference standards. B. Store printed Record Documents and Samples in the Contractor’s field office. 1. Record Documents are to remain separate from documents used for construction. 2. Provide files and racks for the storage of Record Documents. 3. Provide a secure storage space for the storage of Samples. 4. Maintain Record Documents in clean, dry, legible conditions, and in good order. 5. Make Record Documents and Samples available at all times for inspection by the OPT. C. Maintain a digital record of Specifications and Addenda to identify products provided in PDF format. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 91 Corpus Christi Standards Rev 2/2020 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. D. Maintain a digital record of Drawings in PDF format. 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. 3. Record information as construction is being performed. Do not conceal any Work until the required information is recorded. 4. Mark Drawings to record actual construction, including the following: a. Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. b. Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. c. Location of utilities and appurtenances concealed in the Work. Refer measurements to permanent structures on the surface. Include the following equipment: 1) Piping. 2) Ductwork. 3) Equipment and control devices requiring periodic maintenance or repair. 4) Valves, unions, traps, and tanks. 5) Services entrance. 6) Feeders. 7) Outlets. d. Changes of dimension and detail. e. Changes by Modifications. f. Information in Request for Information or included in the Project Issues Log. g. Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations, and additional information issued in response to RFIs. 5. Mark Drawings with the following colors: a. Highlight references to other documents, including Modifications in blue; b. Highlight mark ups for new or revised Work (lines added) in yellow; c. Highlight items deleted or not installed (lines to be removed) in red; and d. Highlight items constructed per the Contract Documents in green. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 92 Corpus Christi Standards Rev 2/2020 6. Submit Record Documents to Designer for review and acceptance 30 days prior to Final Completion of the Project. E. Applications for Payment will not be recommended for payment if Record Documents are found to be incomplete or not in order. Final payment will not be recommended without complete Record Documents. ARTICLE 21 – QUALITY MANAGEMENT 21.01 Contractor’s Responsibilities A. Review the OPT’s Quality Management Program and prepare and submit the Contractor’s Quality Control Plan. B. Implement the Contractor’s Quality Control Plan to control the quality of the Work and verify that the Work meets the standards of quality established in the Contract Documents. 1. Inspect products to be incorporated into the Project. Ensure that Suppliers have adequate quality control systems to ensure that products that comply with the Contract Documents are provided. 2. Integrate quality control measures into construction activities to produce Work which meets quality expectations of the Contract Documents. Inspect the Work of the Contractor, Subcontractors, and Suppliers. Correct Defective Work. 3. Provide and pay for the services of an approved professional materials testing laboratory acceptable to the OPT to provide testing that demonstrates that products proposed in Shop Drawings and Record Data for the Project fully comply with the Contract Documents. 4. Provide facilities, equipment, and Samples required for quality control inspections and tests: a. Give the OAR adequate notice before proceeding with Work that would interfere with inspections or testing; b. Notify the OAR and testing laboratories prior to the time that testing is required, providing adequate lead time to allow arrangements for inspections or testing to be made; c. Do not proceed with any Work that would impact the ability to correct defects or Work that would require subsequent removal to correct defects until testing services have been performed and results of tests indicate that the Work is acceptable; d. Cooperate fully with the performance of sampling, inspection, and testing; e. Provide personnel to assist with sampling or to assist in making inspections and field tests; f. Obtain and handle Samples for testing at the Site or at the production source of the product to be tested; g. Provide adequate quantities of representative products to be tested to the laboratory at the designated locations; DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 93 Corpus Christi Standards Rev 2/2020 h. Provide facilities required to store and cure test Samples; i. Provide calibrated scales and measuring devices for the OPT’s use in performing inspections and testing; j. Provide adequate lighting to allow OPT observations; and k. Make Contract Documents available to testing agencies when requested. 5. Provide safe access for all inspection and testing activities, including those to be conducted as part of the OPT’s Quality Management Program. 6. Document Defective Work through Certified Test Reports and Defective Work Notices. Document that corrective actions have been taken to correct any defects and that corrected Work is in compliance with the Contract Documents. 7. Apply quality control measures to documentation provided for the Project. 8. Implement countermeasures to prevent future Defective Work. C. Perform tests as indicated in this and other Sections of the Specifications. Technical Specifications govern if any testing and inspection requirements of this Section conflict with the testing and inspection requirements of the technical Specifications. D. All verification testing is to be observed by the OAR or designated representative. E. Send test reports to the OAR and the Designer. F. Provide an update on quality control activities at monthly progress meetings. G. Owner will withhold payment for Defective Work, or Work that has not been tested or inspected in accordance with the Contractor’s Quality Control Plan, the OPT’s Quality Control Program, or the Contract Documents. H. Owner will withhold payment for additional testing fees incurred due to Contractor noncompliance with OPT’s Quality Control Program, including retesting fees, standby time, cancellation charges, and trip fees for retesting or cancellations. I. Work performed that is connected or adjacent to Defective Work or Work that would have to be removed to correct Defective Work is also considered to be Defective. Contractor is responsible for all cost with replacing any acceptable Work that must be removed or might be damaged by corrective actions. 21.02 Quality Management Activities by OPT A. OPT will perform its own quality assurance tests independent of the Contractor’s Quality Control Program. Assist the OPT and testing organizations in performing quality assurance activities per Paragraph 21.01. B. Quality assurance testing performed by the OPT will be paid for by the Owner, except for verification testing required per Paragraph 21.07. C. Quality assurance activities of the OPT, through their own forces or through contracts with consultants and materials testing laboratories are for the purpose of monitoring the results of the Contractor’s Work to see that it is in compliance with the requirements of the Contract Documents. Quality assurance activities or non-performance of quality assurance activities by the OPT do not: DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 94 Corpus Christi Standards Rev 2/2020 1. Relieve the Contractor of its responsibility to provide Work or furnish products that conform with the requirements of the Contract Documents; 2. Relieve the Contractor of its responsibility for providing adequate quality control measures; 3. Relieve the Contractor of its responsibility for damage to or loss of Work or products before OPT’s acceptance; 4. Constitute or imply OPT’s acceptance; and 5. Affect the continuing rights of the Owner after OPT’s acceptance of the completed Work. D. Work is subject to OPT’s quality assurance observations or testing at any time. Products which have been tested or inspected and approved by OPT at a supply source or staging area may be inspected or tested again by the OPT before, during or after incorporation into the Work and rejected if products do not comply with the Contract Documents. 21.03 Contractor’s Use of OPT’s Test Reports A. OPT has prepared a Quality Management Plan that describes, in general, the OPT’s anticipated quality assurance testing program for this Project. This testing program will be made available to Bidders during the bidding phase. This plan outlines only the testing in general terms and may not reflect actual testing. Actual testing will depend on the Contractors means, methods and procedures of construction which will not be known until the Contractor begins Work and submits their own Quality Control Plan for review. There is no guarantee that all testing will be performed. B. Contractor will receive copies of all test reports documenting OPT’s quality assurance activities. Contractor is entitled to rely on the accuracy of these test results and use these as part of their quality control efforts. C. Contractor is to determine additional testing or inspections that may be required to implement the Contractor’s Quality Control Plan. Include cost for additional testing and inspections required to meet Contractors quality control obligations, including the cost for correcting Defective Work in the Contract Price. D. Contractor may submit a Change Proposal if OPT’s quality assurance testing program deviates significantly from the OPT’s Quality Management Plan, and Contractor can demonstrate that additional cost was incurred to implement the Contractor’s Quality Control Plan resulting from these deviations. 21.04 Documentation A. Provide documentation which includes: 1. Contractor’s Quality Management Plan that establishes the methods of assuring compliance with the Contract Documents. Submit this plan as a Shop Drawings per Article 25. 2. A Statement of Qualification for any proposed testing laboratories that includes a list of the engineers and technical staff that will provide testing services on the Project, descriptions of the qualifications of these individuals, list of tests that can be performed, DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 95 Corpus Christi Standards Rev 2/2020 equipment used with date of last certification, and a list of recent projects for which testing has been performed with references for those projects. 3. Provide Certified Test Reports for products to be incorporated into the Project. Provide reports to indicate that proposed products comply with the Contract Documents or indicate that proposed products do not comply with the Contract Documents and why it does not comply. Submit these test reports as part of a Shop Drawings submitted per Article 25. 4. Provide Certified Test Reports for inspection and testing required in this Section and in other Specification Sections. Provide reports to indicate that Work complies with the Contract Documents or indicate that Work does not comply with the Contract Documents and why it does not comply. Submit these test reports on forms provided per Article 24. 21.05 Standards A. Provide testing laboratories that comply with the American Council of Independent Laboratories (ACIL) “Recommended Requirements for Independent Laboratory Qualifications.” B. Perform testing per recognized test procedures as listed in the various Sections of the Specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 21.06 Delivery and Storage A. Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures. Provide facilities for storing, curing, and processing test specimens as required by test standard to maintain the integrity of Samples. 21.07 Verification Testing for Corrected Defects A. Provide verification testing on Work performed to correct Defective Work to demonstrate that the Work is now in compliance with the Contract Documents. Document that Defective Work has been corrected and verify that the OAR closes the item in the Defective Work Register. B. Pay for verification testing. OPT may perform verification testing as part of their Quality Management Program and impose a Set-off to recover the cost for this testing. C. Conduct the same tests or inspections used to determine that the original Work was Defective. Different tests or methods may be used if approved by the OPT. 21.08 Test Reports A. Certified Test Reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms if acceptable to the OPT. These reports must include the following: a. Name of the Owner, Project title and number and Contractor; DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 96 Corpus Christi Standards Rev 2/2020 b. Name of the laboratory, address, and telephone number; c. Name and signature of the laboratory personnel performing the test; d. Description of the product being sampled or tested; e. Date and time of sampling, inspection, and testing; f. Date the report was issued; g. Description of the test performed; h. Weather conditions and temperature at time of test or sampling; i. Location at the Site or structure where the sample was taken; j. Standard or test procedure used in making the test; k. A description of the results of the test; l. Statement of compliance or non-compliance with the Contract Documents; and m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by Contractor, Subcontractors or Suppliers on the forms provided by the OAR. 3. OPT will prepare test reports on test performed by the OPT. B. Send test report to Designer within 24 hours of completing the test. Flag tests reports with results that do not comply with Contract Documents for immediate attention. C. Payment for Work may be withheld until test reports indicate that the Work is not Defective. 21.09 Defective Work A. Immediately correct any Defective Work or notify the OAR why the Work is not to be corrected immediately and when corrective action will be completed. B. No payment will be made for Defective Work. Remove Work from the Application for Payment if Work paid for on a previous Application for Payment is found to be Defective. 21.10 Limitation of Authority of Testing Laboratory A. The testing laboratory representatives are limited to providing testing services and interpreting the results of the test performed. B. The testing laboratory is not authorized to: 1. Alter the requirements of the Contract Documents; 2. Accept or reject any portion of the Work; 3. Perform any of the duties of the Contractor; or 4. Direct or stop the Work. 21.11 Quality Control Plan A. Submit the Contractor’s Quality Control Plan for approval as a Shop Drawing per Article 25. Use Contractor’s Quality Control Plan Checklist provided to review the document before DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 97 Corpus Christi Standards Rev 2/2020 submitting and include a copy of the completed checklist with the Contractor’s Quality Control Plan. Do not begin Work until the Contractor’s Quality Control Plan is approved. Submit an interim plan covering only the portion of Work to be performed if the Contractor plans to begin Work prior to submitting the Contractor’s Quality Control Plan for the Project. Do not begin Work on other parts of the Project until the Contractor’s Quality Control Plan is approved or another interim plan covering the additional Work to be started is approved. B. Provide a Contractor’s Quality Control Plan that incorporates construction operations at both the Site and production Work at remote locations and includes Work by Subcontractors and Suppliers. The Contractor’s Quality Control Plan is to include: 1. A description of the quality control organization, including an organization chart showing lines of authority to control the quality of Work; 2. Documentation describing name, qualifications (in resume format), duties, responsibilities, and level of authority of the Quality Control Manager; 3. The name, qualifications (in resume format), duties, responsibilities, and authorities of other persons assigned a quality control function; 4. Procedures for scheduling, reviewing, certifying, and managing documentation, including documentation provided by Subcontractors and Suppliers; 5. Control, verification, and acceptance testing procedures for each specific test. Include: a. Name of tests to be performed, b. Specification paragraph requiring test, c. Parameters of Work to be tested, d. Test frequency, e. Persons responsible for each test, and f. Applicable industry testing standards and laboratory facilities to be used for the test; 6. Integrate the OPT quality assurance testing into the Contractor’s Quality Control Plan, specifically identifying the tests or inspections in Paragraph 21.11.B.5 that will be provided by the OPT as part of their Quality Management Program; 7. Procedures for tracking and documenting quality management efforts. 8. Procedures for tracking Defective Work from initial identification through acceptable corrective action. Indicate how documentation of the verification process for deficiencies will be made. 9. Reporting procedures which incorporate the use of forms provided by the OAR. 10. The name of the proposed testing laboratories along with documentation of qualifications per Paragraph 21.04. C. The Quality Control Manager must have authority to reject Defective Work and redirect the efforts of the Contractor’s Team to prevent or correct Defective Work. D. Notify the Designer of any changes to the Contractor’s Quality Control Plan or quality control personnel. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 98 Corpus Christi Standards Rev 2/2020 E. Meet with the OPT 7 days after Contractor’s Quality Control Plan is submitted and before start of construction to discuss the Contractor’s Quality Control Plan and expedite its approval. 21.12 Implement Contractor’s Quality Control Plan A. Perform quality control observations and testing as required in each Section of the Specifications and where indicated on the Drawings. B. Include the following phases for each definable Work task. A definable Work task is one which is separate and distinct from other tasks, has separate control requirements, may be provided by different trades or disciplines, or may be Work by the same trade in a different environment. 1. Planning Phase: Perform the following before beginning each definable Work task: a. Review the Contract Drawings. b. Review documents and determine that they are complete in accordance with the Contract Documents. c. Check to assure that all materials and/or equipment have been tested, submitted, and approved. d. Examine the work area to assure that all required preliminary Work has been completed and complies with the Contract Documents. e. Examine required materials, equipment, and Sample Work to assure that they are on hand, conform to Shop Drawings and Record Data, and are properly stored. f. Review requirements for quality control inspection and testing. g. Discuss procedures for controlling quality of the Work. Document construction tolerances and workmanship standards for the Work task. h. Check that the portion of the plan for the Work to be performed incorporates document review comments. i. Discuss results of planning phase with the OAR. Conduct a meeting attended by the Quality Control Manager, the OAR, superintendent, other quality control personnel as applicable, and the foreman responsible for the Work task. Instruct applicable workers as to the acceptable level of workmanship required in order to meet the requirements of the Contract Documents. Document the results of the preparatory phase actions by separate meeting minutes prepared by the Quality Control Manager and attached to the quality control report. j. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met. 2. Work Phase: Complete this phase after the Planning Phase: a. Notify the OAR at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met. b. Check the Work to ensure that it is in full compliance with the Contract Documents. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 99 Corpus Christi Standards Rev 2/2020 c. Verify adequacy of controls to ensure full compliance with Contract Documents. Verify required control inspection and testing is performed. d. Verify that established levels of workmanship meet acceptable workmanship standards. Compare with required Sample panels as appropriate. e. Repeat the Work phase for each new crew to work on-site, or any time acceptable specified quality standards are not being met. 3. Follow-up Phase: Perform daily checks to assure control activities, including control testing, are providing continued compliance with contract requirements: a. Make checks daily and record observations in the quality control documentation. b. Conduct follow-up checks and correct all deficiencies prior to the start of additional Work tasks that may be affected by the Defective Work. Do not build upon nor conceal Defective Work. c. Conduct a review of the Work with the OPT one month prior to the expiration of the correction period. Correct defects as noted during the review. C. Conduct additional planning and Work phases if: 1. The quality of on-going Work is unacceptable; 2. Changes are made in applicable quality control staff, on-site production supervision or crews; 3. Work on a task is resumed after a substantial period of inactivity; or 4. Other quality problems develop. ARTICLE 22 – FINAL RESOLUTION OF DISPUTES 22.01 Senior Level Negotiations A. Each party is required to continue to perform its obligations under the Contract pending the final resolution of any dispute arising out of or relating to the Contract, unless it would be impossible or impracticable under the circumstances then present. B. All negotiations pursuant to Article 22 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. C. Before invoking mediation, Owner and Contractor agree that they first shall try to resolve any dispute arising out of or related to this Contract through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. Both Owner and Contractor agree that this step shall be a condition precedent to use of any other alternative dispute resolution process. If the parties’ senior management representatives cannot resolve the dispute within 45 calendar days after a party delivers a written notice of such dispute to the other, then the parties shall proceed with mediation. 22.02 Mediation A. In the event that Owner and/or Contractor contend that the other has committed a material breach of the Contract or the parties cannot reach a resolution of a claim or dispute pursuant DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 100 Corpus Christi Standards Rev 2/2020 to Article 13, as a condition precedent to filing a lawsuit, either party shall request mediation of the dispute with the following requirements: 1. The request for mediation shall be in writing and shall request that the mediation commence not less than 30 calendar days or more than 90 calendar days following the date of the request, except upon agreement of the parties. 2. In the event Owner and Contractor are unable to agree to a date for the mediation or to the identity of the mediator within 30 calendar days following the date of the request for mediation, all conditions precedent shall be deemed to have occurred. 3. Owner and Contractor are to each pay one-half of the mediator’s fees and costs. Venue for any mediation or lawsuit filed under this Contract shall be in Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement in any court having jurisdiction thereof. 4. Nothing in this Contract shall be construed as consent to a lawsuit. No provision of the Contract shall waive any immunity or defense. ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY 23.01 Policy A. It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women, low income persons and Minority/Disadvantaged Business Enterprises (M/DBE) to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 23.02 Definitions A. Prime Contractor: Any person, firm, partnership, corporation, association, or joint venture as herein provided which has been awarded a City contract. B. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture herein identified as providing work, labor, services, supplies, equipment, materials, or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority/Disadvantaged Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) or socially and economically disadvantaged individual(s). Minority/Disadvantaged person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned: a. For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. b. For an enterprise doing business as a partnership, at least 51 percent of the assets or interest in the partnership property must be owned by one or more minority person(s). DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 101 Corpus Christi Standards Rev 2/2020 c. For an enterprise doing business as a corporation, at least 51 percent of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled: a. The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments: a. Minority partners, proprietors, or stockholders of the business enterprise must be entitled to receive 51 percent or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. D. Minority: Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this policy, women are also considered as minorities. E. Socially and economically disadvantaged individual: Any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who has been subjected to racial or ethnic prejudice or cultural bias within American society because of his or her identity as a member of a group and without regard to his or her individual qualities. The social disadvantage must stem from circumstances beyond the individual's control. F. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51 percent of whose assets or partnership interests are owned by one or more women, or a corporation at least 51 percent of whose assets or interests in the corporate shares are owned by one or more women. G. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the Work to be performed by the joint venture. For example, a joint venture which is to perform 50 percent of the Work itself and in which a minority joint venture partner has a 50 percent interest, shall be deemed equivalent to having minority participation in 25 percent of the Work. Minority members of the joint venture must have financial, managerial, or technical skills in the Work to be performed by the joint venture. 23.03 Goals A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor’s aggregate work force on all construction Work for the Contract award shall be 1. Minority participation goal is 45%. 2. Minority Business Enterprise participation goal is 15%. B. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved Change Orders. The hours of minority DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 102 Corpus Christi Standards Rev 2/2020 employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s percentage is prohibited. 23.04 Compliance A. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. B. Make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. ARTICLE 24 – DOCUMENT MANAGEMENT 24.01 Work Included A. Submit documentation as required by the Contract Documents and as reasonably requested by the OPT. 24.02 Quality Assurance A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Documents not meeting these criteria will be returned without review. 24.03 Contractor’s Responsibilities A. Review documents prior to submitting. Make certifications as required by the Contract Documents and as indicated on forms provided. B. Provide a Schedule of Documents to list the documents that are to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that documents must be returned to comply with the Project schedule. Use the form provided for this list. C. Incorporate the dates for processing documents into the Progress Schedule required by Article 27. 1. Provide documents in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of documents when preparing the Progress Schedule. Assume a 14 day review cycle for each document unless a longer period of time is indicated in the Contract Documents or agreed to by Designer and Contractor. 3. Schedule submittal of documents to provide all information for interrelated Work at one time. 4. Allow adequate time for processing documents so construction of the Project is not delayed. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 103 Corpus Christi Standards Rev 2/2020 24.04 Document Submittal A. Submit documents through the Designer. Send all documents in digital format for processing. 1. Provide all information requested with a completed Document Transmittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. 2. The Document Transmittal form is to be the first page in the document submitted. 3. Submit all documents in Portable Document Format (PDF). a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the document. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. f. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. g. Use software to reduce file size using default settings except the option for “Drop Metadata.” Uncheck the “Drop Metadata” box when reducing file size. h. Add footers to each document with the Project name. 24.05 Document Numbering A. Assign a number to the documents originated to allow tracking of the documents during the review process. 1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator AP Application for Payment Contractor CO Change Order OAR CP Change Proposal Contractor CTR Certified Test Report Contractor FO Field Order OAR NBC Notification by Contractor Contractor PD Photographic Documentation Contractor DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 104 Corpus Christi Standards Rev 2/2020 Prefix Description Originator RCP Request for a Change Proposal OAR RD Record Data Contractor RFI Request for Information Contractor SD Shop Drawing Contractor SCH Schedule of Progress Contractor 2. Issue sequence numbers in chronological order for each type of document. 3. Issue numbers for resubmittals that have the same number as the original document followed by an alphabetical suffix indicating the number of times the same document has been sent to the Designer for processing. For example: SD 025 A represents Shop Drawing number 25 and the letter “A” designates that this is the second time this document has been sent for review. 4. Clearly note the document number on each page or sheet of the document. 5. Correct assignment of numbers is essential since different document types are processed in different ways. B. Include reference to the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data on the document transmittal forms. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. 24.06 Document Requirements A. Furnish documents as indicated below or in individual Specification Sections. Submit documents per the procedures described in the Contract Documents. B. Submit documents per the Specification Section shown in the following table: Document Type Section Application for Payment Article 17 Change Proposal Article 12 Certified Test Report Article 25 for approval of product Article 21 to demonstrate compliance Notification by Contractor Article 20 Photographic Documentation Article 28 Progress Schedules Article 27 Record Data Article 26 Request for Information Article 20 Shop Drawing Article 25 Schedule of Values Article 17 Substitutions Article 12 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 105 Corpus Christi Standards Rev 2/2020 Document Type Section Suppliers and Subcontractors Articles 20 and 26 ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. C. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Shop Drawings, Samples, or mockups. Contract modifications can only be approved by Change Order or Field Order. 25.02 Quality Assurance A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Shop Drawings not meeting these criteria will be rejected. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents or will be if deviations requested per Paragraph 25.10 are approved. C. Furnish and install products that fully comply with the information included in the document submittal. 25.03 Contractor’s Responsibilities A. Provide Shop Drawings as required by Paragraph 25.03 of the Supplementary Conditions. B. Include Shop Drawings in the Schedule of Documents required by Article 24 to indicate the Shop Drawings to be submitted, the dates on which documents are to be sent to the Designer for review and proposed dates that the product will be incorporated into the Project. C. Incorporate the dates for processing Shop Drawings into the Progress Schedule required by Article 27. 1. Submit Shop Drawings in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of Shop Drawings when preparing the Progress Schedule. Include time for making revisions to the Shop Drawings and resubmitting the Shop Drawing for a least a second review. Assume a 14-day review cycle for each time DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 106 Corpus Christi Standards Rev 2/2020 a Shop Drawing is submitted for review unless a longer period of time is indicated in the Contract Documents. 3. Schedule document submittals to provide all information for interrelated Work at one time. 4. Allow adequate time for ordering, fabricating, delivering, and installing product so construction of the Project is not delayed. D. Complete the following before submitting a Shop Drawing or Sample: 1. Prepare Shop Drawing Review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to Shop Drawings and Samples; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. E. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Shop Drawings; 2. Location of existing structures, utilities, and equipment related to the Shop Drawing have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Shop Drawings are complete for their intended purpose; and 5. Conflicts between the Shop Drawings related to the various Subcontractors and Suppliers have been resolved. F. Review Shop Drawings prior to submitting to the Designer. Certify that all Shop Drawings have been reviewed by the Contractor and are in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Shop Drawings except for deviations specifically brought to the Designer’s attention on an attached Shop Drawing Deviation Request form in accordance with Paragraph 25.09. G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor’s risk. Defective products may be rejected at the Owner’s option. H. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Designer. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 107 Corpus Christi Standards Rev 2/2020 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. B. Include a complete description of the product to be furnished, including: 1. Type, dimensions, size, arrangement, and operational characteristics of the product; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. C. Submit Shop Drawings that require coordination with other Shop Drawings at the same time. Shop Drawings requiring coordination with other Shop Drawings will be rejected until a complete package is submitted. 25.05 Special Certifications and Reports A. Provide all required certifications with the Shop Drawings as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Shop Drawing. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Shop Drawing. 2. Certification of Local Field Service (CLS): A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300 mile radius of the Site. List names, addresses, and telephone numbers of approved service organizations on or attach it to the certificate. 3. Certification of Adequacy of Design (CAD): A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 108 Corpus Christi Standards Rev 2/2020 and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product’s intended use. 25.06 Warranties and Guarantees A. Provide all required warranties, guarantees, and related documents with the Shop Drawing. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1-year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with Article 29. 25.07 Shop Drawing Submittal Procedures A. Submit Shop Drawings through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Shop Drawing submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Shop Drawing submittal form is to be the first document in the file submitted. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the Shop Drawing. Submit Samples and color charts per Paragraph 25.08.A. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. f. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. g. Use software to reduce file size using default settings except the option for “Drop Metadata.” Uncheck the “Drop Metadata” box when reducing file size. h. Add footers to each document with the Project name. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 109 Corpus Christi Standards Rev 2/2020 3. Submit each specific product or class of material separately so these can be tracked and processed independently. Do not submit Shop Drawings for more than one product in the same Shop Drawing. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Shop Drawings. a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Shop Drawings. c. Provide a legend for symbols used on Shop Drawings. 6. Mark Shop Drawings to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Use the following conventions to markup Shop Drawings for review: 1. Make comments and corrections in the color blue. Add explanatory comments to the markup. 2. Highlight items in black that are not being furnished when the Supplier’s standard drawings or information sheets are provided so that only the products to be provided are in their original color. 3. Make comments in the color yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Make comments in the color orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Include explanatory comments in the Shop Drawing Deviation Request form. 5. Mark dimensions with the prefix FD to indicate field verified dimensions on the Shop Drawings. C. Submit a Change Proposal per Article 12 to request modifications to the Contract Documents, including those for approval of “or equal” products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. D. Designate a Shop Drawing as requiring priority treatment in the comment section of the Shop Drawing submittal form to place the review of the Shop Drawing ahead of other Shop Drawings previously delivered. Shop Drawings are typically reviewed in the order received, unless Contractor requests that a different priority be assigned. Priority Shop Drawings will DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 110 Corpus Christi Standards Rev 2/2020 be reviewed before other Shop Drawings for this Project already received but not yet reviewed. Use of this priority designation for Shop Drawings may delay the review of Shop Drawings previously submitted, pushing the processing of Shop Drawings beyond the 14-day target. Contractor is responsible for delays resulting from the use of the priority designation status on Shop Drawings. E. Complete the certification required by Paragraph 25.03. 25.08 Sample and Mockup Submittal Procedures A. Submit color charts and Samples for every product requiring color, texture, or finish selection. 1. Submit color charts and Samples only after Shop Drawings for the products have been approved. 2. Deliver all color charts and Samples at one time. 3. Provide Samples of adequate size to clearly illustrate the functional characteristics of the product, with integrally related parts and attachment devices. 4. Indicate the full range of color, texture, and patterns. 5. Deliver color charts and Samples to the field office and store for the duration of the Project 6. Notify the Designer that color charts and Samples have been delivered for approval using the Notification by Contractor form. 7. Submit color charts and Samples not less than 30 days prior to when these products are to be ordered or released for fabrication to comply with the Project schedule. 8. Remove Samples that have been rejected. Submit new Samples following the same process as for the initial Sample until Samples are approved. 9. Dispose of Samples when related Work has been completed and approved and disposal is approved by the Designer. At Owner’s option, Samples will become the property of the Owner. B. Construct mockups for comparison with the Work being performed. 1. Construct mockups from the actual products to be used in construction per detailed Specification Sections. 2. Construct mockups of the size and in the area indicated in the Contract Documents. 3. Construct mockups complete with texture and finish to represent the finished product. 4. Notify the Designer that mockups have been constructed and are ready for approval using the Notification by Contractor form. Allow 2 weeks for OPT to approve of the mockup before beginning the Work represented by the mockup. 5. Remove mockups that have been rejected. Construct new mockups following the same process as for the initial mockup until mockup is approved. 6. Protect mockups until Work has been completed and accepted by the OPT. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 111 Corpus Christi Standards Rev 2/2020 7. Dispose of mockups when related Work has been completed and disposal is approved by the Designer. 25.09 Equal Non Specified Products A. Contractor may submit other manufacturers’ products that are in full compliance with the Specification where Specifications list one or more manufacturers followed by the phase “or equal” or “or approved equal.” 1. Submit a Shop Drawing as required by this article to document that the proposed product is equal or superior to the specified product. 2. Prove that the product is equal. It is not the OPT’s responsibility to prove the product is not equal. a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer’s published data sheets and available information. Provide this printed material with the Shop Drawing. c. The decision of the Designer regarding the acceptability of the proposed product is final. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner and result in the same process as the specified product. c. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 25.10 Requests for Deviation A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the Contract Documents. B. Submit requests for deviation using the Shop Drawing Deviation Request form provided. Identify each deviation request as a separate item. Include all requested deviations that must be approved as a group together and identify them as a single item. C. Include a description of why the deviation is required and the impact on Contract Price or Contract Times. Include the amount of any cost savings to the Owner for deviations that result in a reduction in cost. D. Submit as a Change Proposal prior to submitting the Shop Drawing if the deviation will result in a change in Contract Price or Contract Times. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 112 Corpus Christi Standards Rev 2/2020 E. A Modification must be issued by the Designer for approval of a deviation. Approval of a requested Shop Drawing deviation by the Designer on the Shop Drawings Deviation Request form indicates approval of the requested deviation only on its technical merits as generally conforming to the Contract Documents. Deviations from the Contract Documents can only be approved by a Modification. 25.11 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. 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. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 113 Corpus Christi Standards Rev 2/2020 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. 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. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 114 Corpus Christi Standards Rev 2/2020 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 25.11 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. 25.12 Resubmission Requirements A. Make all corrections or changes in the documents required by the Designer and resubmit to the Designer until approved. 1. Revise initial drawings or data and resubmit as specified for the original document. 2. Highlight or cloud in green those revisions which have been made in response to the previous reviews by the Designer. This will include changes previously highlighted or clouded in yellow to direct attention to Designer to items requiring selections or decisions by the Designer or highlighted or clouded in orange for a requested deviation from the Contract Documents. 3. Highlight and cloud new items in yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Highlight and cloud new items in orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Numbering for these new items is to start with the next number following the last Shop Drawing deviation requested. Include explanatory comments in the Shop Drawing Deviation Request form. B. Pay for excessive review of Shop Drawings. 1. Excessive review of Shop Drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made. 2. Review of Shop Drawings or Samples will be an additional service requiring payment by the Contractor if the Contractor submits a substitution for a product for which a Shop Drawing or Sample has previously been approved, unless the need for such change is beyond the control of Contractor. 3. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 4. A Set-off will be included in each Application for Payment to pay costs for the additional review to the Owner on a monthly basis. The Set-off will be based on invoices submitted to Owner for these services. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 115 Corpus Christi Standards Rev 2/2020 5. Need for more than one resubmission or any other delay of obtaining Designer’s review of Shop Drawings will not entitle the Contractor to an adjustment in Contract Price or an extension of Contract Times. ARTICLE 26 – RECORD DATA 26.01 Work Included A. Submit Record Data as required by the Contract Documents and as reasonably requested by the OPT. Provide Record Data for all products unless a Shop Drawing is required for the same item. B. Submit Record Data to provide documents that allow the Owner to: 1. Record the products incorporated into the Project for the Owner; 2. Review detailed information about the products regarding their fabrication, installation, commissioning, and testing; and 3. Provide replacement or repair of the products at some future date. C. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the receipt or cursory review of Record Data. Contract modifications can only be approved by Change Order or Field Order. D. Provide various reports or other documents that Contract Documents require for record purposes. 26.02 Quality Assurance A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Record Data not meeting these criteria will be rejected. 26.03 Contractor’s Responsibilities A. Submit Record Data in accordance with SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. Include Record Data in the Schedule of Documents required by Article 24 to indicate the Record Data to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that the product will be incorporated into the Project. C. Complete the following before submitting Record Data: 1. Prepare Record Data and coordinate with Shop Drawings or Samples, other Record Data, and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 116 Corpus Christi Standards Rev 2/2020 D. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Record Data; 2. Location of existing structures, utilities, and equipment related to the Record Data have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Record Data are complete for their intended purpose; and 5. Conflicts between the Record Data related to the various Subcontractors and Suppliers have been resolved. E. Review Record Data prior to submitting to the Designer. Certify that all Record Data has been reviewed by the Contractor and is in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Record Data. 26.04 Record Data Requirements A. Include a complete description of the material or equipment to be furnished, including: 1. Type, dimensions, size, arrangement, model number, and operational parameters of the components; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. 26.05 Special Certifications and Reports A. Provide all required certifications with the Record Data as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Record Data. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Record Data. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 117 Corpus Christi Standards Rev 2/2020 26.06 Warranties and Guarantees A. Provide all required warranties, guarantees, and related documents with the Record Data. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required. C. Provide a copy of all warranties in a separate document in accordance with Article 29. 26.07 Record Data Submittal Procedures A. Submit Record Data through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Record Data submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Record Data submittal form is to be the first document in the file. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the Record Data. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. f. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. g. Use software to reduce file size using default settings except the option for “Drop Metadata.” Uncheck the “Drop Metadata” box when reducing file size. h. Add footers to each document with the Project name. 3. Submit each specific product, class of material, or product separately so these can be tracked and processed independently. Do not submit Record Data for more than one system in the same Record Data. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Record Data. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 118 Corpus Christi Standards Rev 2/2020 a. Use terms and symbols in Record Data consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Record Data. c. Provide a legend for symbols used on Record Data. 6. Mark Record Data to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Submit a Change Proposal per Article 12 to request modifications to the Contract Documents, including those for approval of “or equal” products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. Deviations from the Contract Documents can only be approved by a Modification. C. Complete the certification required by Paragraph 26.03. 26.08 Designer’s Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 119 Corpus Christi Standards Rev 2/2020 b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required, and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel - Not Required.” No further action is required, and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE 27.01 Requirements A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Owner to monitor progress and to relate document processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of documents and the dates when documents must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. E. Schedule Work based upon a six day work week. 27.02 Document Submittal A. Submit Progress Schedules in accordance with Article 24. B. Submit a preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre-construction conference. C. Submit a detailed schedule at least 10 days prior to the first payment request. D. Submit Progress Schedule updates monthly with Applications for Payment to indicate the progress made on the Project to that date. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 27.03 Schedule Requirements A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work; 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers; 3. Assist in monitoring the progress of the Work; and DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 120 Corpus Christi Standards Rev 2/2020 4. Assist in evaluating proposed changes to the Contract Times and Project schedule. B. Provide personnel with 5 years’ minimum experience in scheduling construction work comparable to this Project. Prepare the schedule using acceptable scheduling software. C. Provide the schedule in the form of a computer generated critical path schedule which includes Work to be performed on the Project. It is intended that the schedule accomplish the following: 1. Give early warning of delays in time for correction. 2. Provide detailed plans for the execution of the Work in the form of future activities and events in sequential relationships. 3. Establish relationships of significant planned Work activities and provide a logical sequence for planned Work activities. 4. Provide continuous current status information. 5. Allow analysis of the Contractor’s program for the completion of the Project. 6. Permit schedules to be revised when the existing schedule is not achievable. 7. Log the progress of the Work as it actually occurs. D. Prepare a time scaled CPM arrow or precedence diagram to indicate each activity and its start and stop dates. 1. Develop Milestone dates and Project completion dates to conform to time constraints, sequencing requirements and Contract completion date. 2. Use calendar day durations while accounting for holidays and weather conditions in the projection of the duration of each activity. 3. Clearly indicate the critical path for Work to complete the Project. E. Provide a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The chart is to indicate: 1. Complete sequence of construction by activity; 2. Identification of the activity by structure, location, and type of Work; 3. Chronological order of the start of each item of Work; 4. The activity start and stop dates; 5. The activity duration; 6. Successor and predecessor relationships for each activity; 7. A clearly indicated single critical path; and 8. Projected percentage of completion, based on dollar value of the Work included in each activity as of the first day of each month. F. Provide a schedule incorporating the Schedule of Documents provided in accordance with Article 24 indicating: 1. Specific date each document is to be delivered to the Designer. 2. Specific date each document must be received in order to meet the proposed schedule. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 121 Corpus Christi Standards Rev 2/2020 3. Allow a reasonable time to review documents, taking into consideration the size and complexity of the document, other documents being processed, and other factors that may affect review time. 4. Allow time for re-submission of each document. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous documents and for time lost when documents are submitted for products that do not meet Specification requirements. 27.04 Schedule Revisions A. Revise the schedule if it appears that the schedule no longer represents the actual progress of the Work. 1. Submit a written report if the schedule indicates that the Project is more than 30 days behind schedule. The report is to include: a. Number of days behind schedule; b. Narrative description of the steps to be taken to bring the Project back on schedule; and c. Anticipated time required to bring the Project back on schedule. 2. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule. B. Revise the schedule to indicate any adjustments in Contract Times approved by Modification. 1. Include a revised schedule with Change Proposals if a change in Contract Times is requested. 2. OPT will deem any Change Proposal that does not have a revised schedule and request for a change in Contract Times as having no impact on the ability of the Contractor to complete the Project within the Contract Times. C. Updating the Project schedule to reflect actual progress is not considered a revision to the Project schedule. D. Applications for Payment may not be recommended for payment without a revised schedule and if required, the report indicating the Contractor’s plan for bringing the Project back on schedule. 27.05 Float Time A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Where several subsystems each have a critical path, the subsystem with the longest time of completion is the critical path and float time is to be assigned to other subsystems. D. Contract Times cannot be changed by the submission of a schedule. Contract Times can only be modified by a Change Order or Contract Amendment. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 122 Corpus Christi Standards Rev 2/2020 E. Schedule completion date must be the same as the Contract completion date. Time between the end of construction and the Contract completion date is float time. ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION 28.01 Work Included A. Provide a video recording of the Site prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing. 3. Provide one copy of the recording, dated and labeled to the OAR before the start of construction. Provide additional recording as directed by the OAR if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire Site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash, and debris have been removed. 5. Employ a professional photographer approved by the OAR to photograph the Project. 6. Provide one aerial photograph of the Site from an angle and height to include the entire Site while providing adequate detail. C. All photographs, video recordings, and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner. 28.02 Quality Assurance A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements. 28.03 Document Submittal A. Submit photographic documentation as Record Data in accordance with Article 24. B. Submit two DVDs of the video recording as Record Data in accordance with Article 24. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 123 Corpus Christi Standards Rev 2/2020 28.04 Photographs A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the OAR. C. Provide two color prints of each photograph and a digital copy on a DVD of each photograph taken. D. Identify each print on back with: 1. Project name. 2. Date, time, location, and orientation of the exposure. 3. Description of the subject of photograph. E. Submit photographs in clear plastic sheets designed for photographs. Place only one photograph in each sheet to allow the description on the back to be read without removing the photograph. F. Final photographs are to include two 8-by-10-inch glossy color prints for each of ten photographs selected by the OAR. These photographs are in addition to normal prints. 28.05 Video Recording A. Provide digital format on DVD that can be played with Windows Media Player in common format in full screen mode. B. Identify Project on video by audio or visual means. C. Video file size should not exceed 400 MB. D. Video resolution shall be 1080p. E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest, do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area. F. DVD shall be labeled with construction stationing and stationing should be called out, voice recorded, in the video. G. The entire construction area recording shall be submitted at once. Sections submitted separately will not be accepted. H. Pipeline projects should be recorded linearly from beginning to end. ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the OAR 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. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 124 Corpus Christi Standards Rev 2/2020 B. OPT will visit the Site to observe the Work within 30 days after notification is received to determine the status of the Project. C. OAR will notify the Contractor, within 120 days after notification, that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. OAR 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 OAR when the items of Work in the OAR’s notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. OAR 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 OAR of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. 29.02 Final Inspections A. Notify the OAR 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 30 days 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 been corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. OAR 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 29.04 if notified that the Project is complete, and the Work is acceptable. 29.03 Reinspection Fees A. Owner may impose a Set-off against the Application for Payment in accordance with the General Conditions to compensate the OPT for additional visits to the Project if additional Work is required. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 125 Corpus Christi Standards Rev 2/2020 29.04 Closeout Documents Submittal A. Record Documents per Article 20. B. Warranties and bonds. C. Equipment installation reports on equipment. D. Shop Drawings, Record Data, and other documents as required by the Contract Documents. E. Evidence of continuing insurance and bond coverage as required by the Contract Documents. F. Final Photographs per Article 28. 29.05 Transfer of Utilities A. If applicable to the Project, transfer utilities to the Owner when the Certificate of Substantial Completion has been issued and the Work has been occupied by the Owner. B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work. 29.06 Warranties, Bonds and Service Agreements A. Provide warranties, bonds, and service agreements required by the Contract Documents. B. The date for the start of warranties, bonds, and service agreements is established per the Contract Documents. C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents. 1. Provide a log of all equipment covered under the 1-year correction period specified in the Contract Documents and all products for which special or extended warranties or guarantees are provided. Index the log by Specification Section number on forms provided. Include items 2.e through 2.g below in the tabulation. 2. Provide a copy of specific warranties or guarantees under a tab indexed to the log. Each document is to include: a. A description of the product or Work item; b. The firm name with the name of the principal, address, and telephone number; c. Signature of the respective Supplier or Subcontractor to acknowledge existence of the warranty obligation for extended warranties and service agreements; d. Scope of warranty, bond, or service agreement; e. Indicate the start date for the correction period specified in the Contract Documents for each product and the date on which the specified correction period expires. f. Indicate the start date for extended warranties for each product and the date on which the specified extended warranties period expires. g. Start date, warranty or guarantee period, and expiration date for each warranty, bond, and service agreement; DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 126 Corpus Christi Standards Rev 2/2020 h. Procedures to be followed in the event of a failure; and i. Specific instances that might invalidate the warranty or bond. D. Submit digital copies of the documents to the Designer for review. E. Submit warranties, bonds, and service agreements within 10 days after equipment or components are placed in service. ARTICLE 30 – MISCELLANEOUS 30.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time referred to in the Contract Documents by days. The last day of this period is to be omitted from the determination if it falls on a Sunday or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the number of days involved. 30.02 Owner’s Right to Audit Contractor’s Records A. By execution of the Contract, Contractor grants Owner the right to audit, examine, inspect and/or copy, at Owner's election at all reasonable times during the term of this Contract and for a period of four (4) years following the completion or termination of the Work, all of Contractor's written and electronically stored records and billings relating to the performance of the Work under the Contract Documents. The audit, examination or inspection may be performed by an Owner designee, which may include its internal auditors or an outside representative engaged by Owner. Contractor agrees to retain its records for a minimum of four (4) years following termination of the Contract, unless there is an ongoing dispute under the Contract, then, such retention period must extend until final resolution of the dispute. As used in these General Conditions, "Contractor written and electronically stored records" include any and all information, materials and data of every kind and character generated as a result of the work under this Contract. Examples of Contractor written and electronically stored records include, but are not limited to: accounting data and reports, billings, books, general ledgers, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, Subcontractor agreements, Supplier agreements, rental equipment proposals, federal and state tax filings for any issue in question, along with any and all other agreements, sources of information and matters that may, in Owner's sole judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract Documents. B. Owner agrees to exercise the right to audit, examine or inspect Contractor’s records only during regular business hours. Contractor agrees to allow Owner and/or Owner’s designee access to all of the Contractor's Records, Contractor's facilities, and current or former employees of Contractor, deemed necessary by Owner or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 127 Corpus Christi Standards Rev 2/2020 appropriate work space necessary for Owner or its designees to conduct such audits, inspections or examinations. C. Contractor must include this Paragraph 30.02 in any Subcontractor, supplier or vendor contract. 30.03 Independent Contractor A. Contractor is to perform its duties under this Contract as an independent contractor. The Contractor’s Team and their personnel are not considered to be employees or agents of the Owner. Nothing in this Contract is to be interpreted as granting Contractor’s Team the right or authority to make commitments for the Owner. This Contract does not constitute or create a joint venture, partnership or formal business organization of any kind. 30.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available to the Owner or Contractor by these General Conditions are in addition to, and are not a limitation of, the rights and remedies which are otherwise imposed or available by: 1. Laws or Regulations; 2. Special warranties or guarantees; or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 30.04 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 30.05 Limitation of Damages A. Owner is not liable to Contractor for claims, costs, losses or damages sustained by Contractor’s Team associated with other projects or anticipated projects. 30.06 No Waiver A. The failure of Owner or Contractor to enforce any provision of this Contract does not constitute a waiver of that provision or affect the enforceability of that provision or the remainder of this Contract. 30.07 Severability A. If a court of competent jurisdiction renders a part of this Contract invalid or unenforceable, that part is to be severed and the remainder of this Contract continues in full force. 30.08 Survival of Obligations A. Representations, indemnifications, warranties, guarantees and continuing obligations required by the Contract Documents survive completion and acceptance of the Work or termination of the Contract. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 128 Corpus Christi Standards Rev 2/2020 30.09 No Third Party Beneficiaries A. Nothing in this Contract can be construed to create rights in any entity other than the Owner and Contractor. Neither the Owner nor Contractor intends to create third party beneficiaries by entering into this Contract. 30.10 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the prior written consent of the Owner. 30.11 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. B. This Contract is to perform a governmental function solely for the public benefit. 30.12 Controlling Law A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County, Texas. 30.13 Conditions Precedent to Right to Sue A. Notwithstanding anything herein to the contrary, Contractor will have at least 90 days to give notice of a claim for damages as a condition precedent to the right to sue on the Contract, subject to the contractual Claims and Alternative Dispute Resolution processes set forth herein. 30.14 Waiver of Trial by Jury A. Owner and Contractor agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 30.15 Attorney Fees A. The Parties expressly agree that, in the event of litigation, all parties waive rights to payment of attorneys’ fees that otherwise might be recoverable, pursuant to the Texas Civil Practice and Remedies Code Chapter 38, Texas Local Government Code §271.153, the Prompt Payment Act, common law or any other provision for payment of attorney’s fees. 30.16 Compliance with Laws A. Comply with the Americans with Disabilities Act of 1990 as amended (ADA) and Texas Architectural Barriers Act and all regulations relating to either statute. B. No qualified person shall on the basis of race, color, religion, national origin, gender, age or disability be excluded from participation in, be denied the benefits of, or be subjected to DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF General Conditions 00 72 00 - 129 Corpus Christi Standards Rev 2/2020 discrimination under any program or activity which receives or benefits from federal financial assistance. C. Comply with all applicable federal, state and city laws, rules and regulations. D. Each applicable provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein, and the Contract shall be read and enforced as though each were physically included herein. 30.17 Enforcement A. The City Manager or designee and the City Attorney or designee are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 30.18 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason, funds are not appropriated in any given year, the Owner may direct immediate suspension or termination of the Contract with no additional liability to the Owner. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contractor may request payment for reasonable demobilization/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 30.19 Contract Sum A. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total maximum not-to-exceed amount payable by Owner to Contractor for performance of the Work under the Contract Documents. Contractor accepts and agrees that all payments pursuant to this Contract are subject to the availability and appropriation of funds by the Corpus Christi City Council. If funds are not available and/or appropriated, this Contract shall immediately be terminated with no liability to any party to this Contract. 30.20 Contractor’s Guarantee as Additional Remedy A. The Contractor’s guarantee is a separate and additional remedy available to benefit the Owner. Neither the guarantee nor the expiration of the guarantee period will operate to reduce, release or relinquish any rights or remedies available to the Owner for any claims or causes of action against the Contractor or any other individual or entity. 30.21 Notices. A. Any notice required to be given to Owner under any provision in this Contract must include a copy to OAR by mail or e-mail. END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Supplementary Conditions 00 73 00 ‐ 1 E16422| City Hall Elevator Refurbish Rev 2/2020 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1 – DEFINITIONS AND TERMINOLOGY SC‐1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi Dykema Architects, Inc. Persohn Hahn and Associates, Inc. B. Paragraph 1.01.A.54 “Substantial Completion” is more specifically defined for this Project as: 1. The following items are fully functional and suitable for operation in accordance with the Contract Documents: a. Full operation and function of three (3) passenger elevators and one (1) service elevator including related controls and equipment. 2. Only the following items not yet complete in accordance with the Contract Documents: a. Cosmetic finishing items including touching up paint and material repairs for scratched or dented items to be replaced. C. Delete Paragraph 5.03 entirely and insert the following: “5.03 Subsurface and Physical Conditions A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner.” SC‐5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. 1. Environmental Reports include the following: The owner will coordinate an asbestos survey and will provide a copy of the report required for permitting. ARTICLE 6 – BONDS AND INSURANCE SC‐6.03 REQUIRED MINIMUM INSURANCE COVERAGE DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Supplementary Conditions 00 73 00 ‐ 2 E16422| City Hall Elevator Refurbish Rev 2/2020 INSURANCE REQUIREMENTS CONTRACTOR’S INSURANCE AMOUNTS Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises – Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products / Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal & Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate Business Automobile Liability ‐ Owned, Non‐ Owned, Rented and Leased $1,000,000 Combined Single Limit Workers’ Compensation Statutory Employer’s Liability $500,000/ 500,000/ 500,000 Excess Liability/Umbrella Liability Required if Contract Price > $5,000,000 $1,000,000 Per Occurrence Contractor’s Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long‐term environmental impact for the disposal of pollutants/contaminants. Required if excavation > 3 ft $1,000,000 Per Claim ☐ Required X Not Required Builder’s Risk (All Perils including Collapse) Required for vertical structures and bridges Equal to Full Replacement Cost of Structure and Contents X Required ☐ Not Required Installation Floater Required if installing city‐owned equipment Equal to Contract Price ☐ Required X Not Required ARTICLE 7 – CONTRACTOR'S RESPONSIBILITIES SC‐7.02 LABOR; WORKING HOURS DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Supplementary Conditions 00 73 00 ‐ 3 E16422| City Hall Elevator Refurbish Rev 2/2020 B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of person or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are between 7:00 a.m. and 12:00 a.m. unless other times are specifically authorized in writing by OAR. C. A minimum of two elevators shall remain running during standard city hall business hours from 7:30 am – 6:00 pm. D. All work that disturbs the normal operation of elevators shall be performed after hours. Noise in the building during normal business hours is to be minimal. Tuesdays are city council meeting days and these days are to be kept silent during normal business hours. SC‐7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: “The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS SC‐14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: "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 $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Supplementary Conditions 00 73 00 ‐ 4 E16422| City Hall Elevator Refurbish Rev 2/2020 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above‐mentioned types of contracts entered into by the federal government that are subject to the Davis‐Bacon Act itself, but it does not apply to contracts subject only to the Davis‐Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)‐(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 1 09/11/2020 BOIL0074‐003 01/01/2017 Rates Fringes BOILERMAKER......................$ 28.00 22.35 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * 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: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Supplementary Conditions 00 73 00 ‐ 5 E16422| City Hall Elevator Refurbish Rev 2/2020 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 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 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Supplementary Conditions 00 73 00 ‐ 6 E16422| City Hall Elevator Refurbish Rev 2/2020 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 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 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Supplementary Conditions 00 73 00 ‐ 7 E16422| City Hall Elevator Refurbish Rev 2/2020 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 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 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Supplementary Conditions 00 73 00 ‐ 8 E16422| City Hall Elevator Refurbish Rev 2/2020 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 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: DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Supplementary Conditions 00 73 00 ‐ 9 E16422| City Hall Elevator Refurbish Rev 2/2020 * 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, 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 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Supplementary Conditions 00 73 00 ‐ 10 E16422| City Hall Elevator Refurbish Rev 2/2020 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION" ARTICLE 19 – PROJECT MANAGEMENT AND COORDINATION SC‐19.21 COOPERATION WITH PUBLIC AGENCIES C.For the Contractor’s convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361‐826‐3500 Design Firm – Dykema Architects, Inc.361‐739-1469 Elevator Consultant – Persohn Hahn 713‐467‐4400 Traffic Engineering 361‐826‐3547 Police Department 361‐882‐2600 Water/ Wastewater/ Stormwater 361‐826‐1800 (361‐826‐1818 after hours) Gas Department 361‐885‐6900 (361‐885‐6942 after hours) Parks & Recreation Department 361‐826‐3461 Solid Waste & Brush 361‐826‐1973 IT Department (City Fiber) 361‐826‐1956 AEP 1‐877‐373‐4858 AT&T 361‐881‐2511 (1‐800‐824‐4424 after hours) Grande Communications 1‐866‐247‐2633 Spectrum Communications 1‐800‐892‐4357 Crown Castle Communications (Network Operations Center) 1‐888‐632‐0931 CenturyLink 361‐208‐0730 Windstream 1‐800‐600‐5050 ARTICLE 25 – SHOP DRAWINGS DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Supplementary Conditions 00 73 00 ‐ 11 E16422| City Hall Elevator Refurbish Rev 2/2020 SC‐25.03 CONTRACTOR’S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description 14 27 13‐T Custom Elevator Cab Finishes – Indicate layout of finish panels handrails and lighting at each elevator cab. 14 41 00‐T Electric Traction Elevator Alteration SC‐25.12 RESUBMISSION REQUIREMENTS B. Pay for excessive review of Shop Drawings. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed below: a. Hourly Rate of $220 per hour ARTICLE 26 – RECORD DATA SC‐26.03 CONTRACTOR’S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 07 84 00‐T Firestopping 09 30 00‐T Tiling 09 90 00‐T Painting and Coating 14 27 13‐T Custom elevator Cab Finishes 14 41 00‐T Electric Traction Elevator Alterations END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Summary of Work 01 11 00 ‐ 1 E16422| City Hall Elevator Refurbish Rev 10/2018 01 11 00 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct Work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the Project completely and fully useable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete Project. 3. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OAR. 4. All work required to pass inspections for current elevator and building codes is to be included in this contract. Any items required for operation or final approval by AHJ shall be included in the scope of work and immediately brought to the attention of the Owner/Designer if not clearly indicated in construction documents. 1.02 DESCRIPTION OF WORK A. Work is described in general, non‐inclusive terms as: 1. Replacement of the elevator hoist machines, hoist cables, controller mounted drive and related accessories for three (3) passenger elevators and one (1) service elevator as shown in construction documents. Includes providing new wall panels, ceiling panels, lighting and finishes at existing passenger elevator cabs. Make all code required changes and meet all requirements as indicated in drawings and specifications. 1.03 WORK UNDER OTHER CONTRACTS A. The following items of work are not included in this Contract, but may impact construction scheduling and completion: 1. N/A B. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his Proposal on the most expensive listing. C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Summary of Work 01 11 00 ‐ 2 E16422| City Hall Elevator Refurbish Rev 10/2018 1.04 WORK BY OWNER A. The Owner plans to perform the following items of work which are not included in this Contract, but may impact the construction scheduling and completion: 1. N/A B. Completion of the Work described in this Contract may impact the construction of the items listed above. 1. Coordinate construction activities through the OAR. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. C. Owner will provide normal operation and maintenance of the existing facilities during construction, unless otherwise stated. 1.05 CONSTRUCTION OF UTILITIES A. Pay for temporary power, including but not limited to construction cost, meter connection fees, and permits. 1.06 USE PRIOR TO FINAL COMPLETION A. Owner has the right to use or operate any portion of the Project that is ready for use after notifying the Contractor of its intent to do so. B. The execution of Bonds is understood to indicate the consent of the surety to these provisions for use of the Project. C. Provide an endorsement from the insurance carrier permitting use of Project during the remaining period of construction. D. Conduct operations to insure the least inconvenience to the Owner and general public. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Alternates and Allowances 01 23 10 ‐ 1 E16422| City Hall Elevator Refurbish Rev 5/2020 01 23 10 ALTERNATES AND ALLOWANCES 1.00 GENERAL 1.01 REQUIREMENTS The Bid Items described as “Allowances” have been set as noted in the Bid Form and shall be included in the Total Base Bid of the Bid Form for each Bidder. These Allowances may be used at the Owner’s discretion in the event that unforeseen conditions or conflicts are encountered during construction that warrants the use of the Allowance funds. If the use of Allowance funds becomes necessary, the OAR will provide written authorization at a cost negotiated between Owner and Contractor, using unit prices in the Bid Form when applicable. No work is to be performed under the Allowance items without written authorization from the OAR. There is no guarantee that any of these funds will need to be used during the course of the Work. 1.02 DESCRIPTION OF ALLOWANCES A. Allowance E1 ‐ Unforeseen Conditions: 1. The sum of $80,000 to be used for improving unforeseen building conditions necessary for a successful completion of the project. 2. Payment will be based on documentation of actual cost. B. Allowance E2 ‐ Permits: 1. The sum of $8,000 to be used for the purchase of permits required for this project 2. Payment will be based on documentation of actual cost. END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Measurement and Basis for Payment 01 29 01 ‐ 1 E16422| City Hall Elevator Refurbish Rev 5/2020 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A‐1 – Mobilization (Maximum 5%): 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; c. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Measurement and Basis for Payment 01 29 01 ‐ 2 E16422| City Hall Elevator Refurbish Rev 5/2020 2. Measurement for payment will be made per lump sum on the following basis: When at least 5% of the adjusted contract amount for construction is earned, 75% of the mobilization lump sum bid amount will be eligible for payment, minus retainage. Upon substantial completion of all work under this Contract and removal of all equipment and materials from the Project site, the remaining 25% of the mobilization lump sum bid amount will be eligible for payment, minus retainage. B. Bid Item A‐2 – Bonds and Insurance 1. Payment shall include all bonds and insurance required under the Contract Documents. 2. Payment for bonds and insurance will be based on the receipt of documentation of actual costs. Contractor shall furnish satisfactory evidence of the rate or rates paid for all bonds and insurance. Contractor will be reimbursed for the actual cost of unique insurance as required and obtained specifically for this Project, not including the routine and general company insurance policies that are maintained for the course of conducting normal business operations. Contractor will be reimbursed for the actual cost of project specific bonds and insurance, not to exceed the bid amount or the verifiable costs of Project specific bonds and insurance incurred by the Contractor. 1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR PASSENGER ELEVATORS A. Bid Item B‐1 – New Controller: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. B. Bid Item B‐2 – Elevator Hoist Machine: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. C. Bid Item B‐3 – New Motor: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. D. Bid Item B‐4 – New Governor: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. E. Bid Item B‐5 – New Leveling Devices: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. F. Bid Item B‐6 – Fireman Service: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. G. Bid Item B‐7 – Hoistway Work as Specified: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Measurement and Basis for Payment 01 29 01 ‐ 3 E16422| City Hall Elevator Refurbish Rev 5/2020 H. Bid Item B‐8 – Elevator Car Works as Specified including car doors, contacts, roller guides, communication: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. I. Bid Item B‐9 – Car Finishes (Wall Panels, Ceiling Panels, Lighting and Tile Flooring): 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored. J. Bid Item B‐10 – Signal Fixtures: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored. K. Bid Item B‐11 – Floor Painting at machine rooms: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored. L. Bid Item B‐12 – Temporary Out of Order Signs: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored. 1.05 MEASUREMENT AND BASIS FOR PAYMENT FOR SERVICE ELEVATOR A. Bid Item C‐1 – New Controller Drive: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. B. Bid Item C‐2 – Elevator Hoist Machine: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. C. Bid Item C‐3 – New Motor: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. D. Bid Item C‐4 – New Governor: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. E. Bid Item C‐5 – New Leveling Devices: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. F. Bid Item C‐6 – Fireman Service: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Measurement and Basis for Payment 01 29 01 ‐ 4 E16422| City Hall Elevator Refurbish Rev 5/2020 G. Bid Item C‐7 – Hoistway Work as Specified: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. H. Bid Item C‐8 – Elevator Car Works as Specified including car doors, contacts, roller guides, communication: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. I. Bid Item C‐9 – Car Finishes (Wall Panels, Ceiling Panels, Lighting and Flooring): 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored. J. Bid Item C‐10 – Signal Fixtures: 1. Measuring for payment is on a unit price basis. Payment will be based on the materials purchased/stored. K. Bid Item C‐11 – Floor Painting at machine rooms: 1. Measuring for payment is on a l unit price basis. Payment will be based on the materials purchased/stored. 1.06 MEASUREMENT AND BASIS FOR PAYMENT FOR ELECTRICAL SERVICE CONNECTION AND REROUTE A. Bid Item D‐1 – Electrical Service Connection and reroute: 1. Measuring for payment is on a lump sum basis. Payment will be based on the materials purchased/stored and the labor for installation of the materials. 1.07 MEASUREMENT AND BASIS FOR PAYMENT FOR ALTERNATES AND ALLOWANCES A. Other Bid Items 1. The basis of measurement and payment for other Bid Items shall be as described in the applicable Specification Sections, Construction Drawings and/or BID FORM. END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF 01 33 01 Submittal Register Product Information Sample or Mockup Operations Data 07 84 00‐T Firestopping 2.1 FIRESTOPPING; and 2.2 ACCESSORIES Record Data None None 09 30 00‐T Tiling 1.3 Submittals, 2.1 Tile Record Data Sample O&M Manual 09 90 00‐T Painting and Coating 2.1 PAINTS AND COATINGS; and 2.2 COMPONENTS Record Data Sample None 14 27 13‐T Custom Elevator Cab Finishes 1.3 Submittals, 2.2 Passenger Elevator Cab Finishes, 2.3 Service Elevator Cab Finishes Shop Drawing Sample O&M Manual 14 41 00 Elevator Replacement 2.01 Manufacturers through 2.45 Security Interface Shop Drawing Sample O&M Manual Paragraph No. Specification Section Specification Description Types of Submittals Required Submittal Register E16422| City Hall Elevator Refurbish 01 33 01‐1 10/2018 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Special Procedures 01 35 00 ‐ 1 E16422| City Hall Elevator Refurbish Rev 10/2018 01 35 00 SPECIAL PROCEDURES 1.00 GENERAL 1.01 CONSTRUCTION SEQUENCE A. Perform the Work as required to complete the entire Project within the Contract Times. B. Consider the, duration limitations, and governing factors outlined in this Section to prepare the schedule for the Work. C. Perform the Work not specifically described in this Section as required to complete the entire Project within the Contract Time 1.02 PLAN OF ACTION A. Submit a written plan of action for approval for shutting down essential services. These include: 1. Electrical power, 2. Control power, 3. Pipelines or wastewater systems, 4. Communications equipment, and 5. Other designated functions. B. Describe the following in the plan of action: 1. Scheduled dates for construction; 2. Work to be performed; 3. Utilities, piping, or services affected; 4. Length of time the service or utility will be disturbed; 5. Procedures to be used to carry out the Work; 6. Plan of Action to handle emergencies; 7. List of manpower, equipment, and ancillary supplies; 8. Backups for key pieces of equipment and key personnel; 9. Contingency plan that will be used if the original schedule cannot be met; and C. Submit plan 1 month prior to beginning the Work. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Special Procedures 01 35 00 ‐ 2 E16422| City Hall Elevator Refurbish Rev 10/2018 1.03 CRITICAL OPERATIONS A. The Owner has identified critical operations that must not be out of service longer than the designated maximum time out of service and/or must be performed only during the designated times. These have been identified in the table below: Critical Operation Max. Time Out of Operation Hours Operation can be Shut Down Liquidated Damages ($ per hour) Passenger Elevator Use Two of the four elevators must always be in service any none Service Elevator 6:00 pm – 7:30 am none B. Submit a written plan of action per Paragraph 1.02 for approval for critical operations. C. Work affecting critical operations is to be performed between 7:00 AM and 12:00 AM on a daily basis until Owner’s normal operations have been restored. D. Provide additional manpower and equipment as required to complete the Work affecting critical operations within the allotted time. E. Designated Critical Operations are described in more detail as follows: 1. Critical Operation Elevator Use: a. A minimum of two elevators shall be fully functioning and operational during normal business hours from 7:30 am – 6:00 pm. One elevator must be operational after hours for emergencies by fire and security. END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Temporary Facilities and Controls 01 50 00 ‐ 1 E16422| City Hall Elevator Refurbish Rev 8/2019 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 DELIVERY AND STORAGE A. Arrange transportation, loading, and handling of temporary buildings and sheds. 1.02 JOB CONDITIONS A. Locate buildings and sheds at the Site as indicated or as approved by the OPT. B. Remove services and facilities when approved by the OAR. 1. Maintain Site security and protection of the facilities. 1.03 OPTIONS A. Storage sheds may be prefabricated buildings on skids or truck trailers. 2.00 PRODUCTS 2.01 TEMPORARY STORAGE BUILDINGS A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 3.02 PROJECT IDENTIFICATION AND SIGNS A. The Contractor will furnish six signs to be placed at the doors on each floor of the passenger elevator being worked. Signs to be freestanding and moveable to each hoistway door. 3.03 TEMPORARY LIGHTING A. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. B. Provide portable flood lights at any time that Work will be performed outside the structure at night. Provide adequate lighting at any location Work is being performed. 3.04 DRINKING WATER A. Drinking water is available in the building DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Temporary Facilities and Controls 01 50 00 ‐ 2 E16422| City Hall Elevator Refurbish Rev 8/2019 3.05 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings, sheds, and utilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project. 3.06 MAINTENANCE AND JANITORIAL SERVICE A. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs. Repair any damage to Work caused by placement or removal of temporary signage. END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Temporary Controls 01 57 00 ‐ 1 E16422| City Hall Elevator Refurbish Rev 8/2019 01 57 00 TEMPORARY CONTROLS 1.00 GENERAL 1.01 DOCUMENT SUBMITTAL A. Provide documents requiring approval by the OPT as Shop Drawings in accordance with Article 25 of SECTION 00 72 00 GENERAL CONDITIONS. B. Provide copies of notices, records, and reports required by the Contract Documents or Laws and Regulations as Record Data in accordance with Article 26 of SECTION 00 72 00 GENERAL CONDITIONS. 1.02 MATERIALS A. Provide materials that comply with Laws and Regulations. 2.00 EXECUTION 2.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS A. Construct temporary controls in accordance with Laws and Regulations. B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents. C. Remove temporary controls when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of re moving controls while they are still required. END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Fire Stopping 07 84 00 ‐ 1 E16422| City Hall Elevator Refurbish 01‐15‐21 07 84 00 FIRESTOPPING PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Firestopping through‐penetrations of fire rated assemblies. 2. Firestopping joints in fire rated assemblies. 3. Firestopping tops of fire rated walls. 4. Smoke sealing penetrations and joints of smoke partitions. 1.2 REFERENCES A. ASTM International: 1. ASTM E84 ‐ Standard Test Method for Surface Burning Characteristics of Building Materials. 2. ASTM E119 ‐ Standard Test Methods for Fire Tests of Building Construction and Materials. 3. ASTM E814 ‐ Standard Test Method for Fire Tests of Through‐Penetration Fire Stops. 4. ASTM E1966 ‐ Standard Test Method for Fire‐Resistive Joint Systems. B. Underwriters Laboratories Inc.: 1. UL 263 ‐ Fire Tests of Building Construction and Materials. 2. UL 1479 ‐ Fire Tests of Through‐Penetration Firestops. 3. UL 2079 ‐ Tests for Fire Resistance of Building Joint Systems. 4. UL ‐ Fire Resistance Directory. 1.3 DEFINITIONS A. Firestopping (Through‐Penetration Protection System): Sealing or stuffing material or assembly placed in spaces between and penetrations through building materials to arrest movement of fire, smoke, heat, and hot gases through fire rated construction. 1.4 PERFORMANCE REQUIREMENTS A. Conform to applicable code for fire resistance ratings and surface burning characteristics. B. Provide certificate of compliance from authority having jurisdiction indicating approval of materials used. 1.5 SUBMITTALS A. Section 00 72 00 General Conditions – Article 24 B. Product Data: Submit data on product characteristics, performance and limitation criteria. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Fire Stopping 07 84 00 ‐ 2 E16422| City Hall Elevator Refurbish 01‐15‐21 C. Schedule: Submit schedule of opening locations and sizes, penetrating items, and required listed design numbers to seal openings to maintain fire resistance rating of adjacent assembly. D. Manufacturer's Installation Instructions: Submit preparation and installation instructions. E. Manufacturer's Certificate: Certify products meet or exceed specified requirements. F. Engineering Judgements: For conditions not covered by UL or WH listed designs, submit judgements by licensed professional engineer suitable for presentation to authority having jurisdiction for acceptance as meeting code fire protection requirements. 1.6 QUALITY ASSURANCE A. Through Penetration Firestopping of Fire Rated Assemblies: UL 1479 or ASTM E814 with 0.10 inch water gage minimum positive pressure differential to achieve fire ratings as indicated on Drawings. 1. Wall Penetrations: Fire Rating as indicated on Drawings but not less than one hour. 2. Ceiling Penetrations: Fire Rating as indicated on Drawings but not less than one hour. B. Through Penetration Firestopping of Non‐Fire Rated Floor and Roof Assemblies: Materials to resist free passage of flame and products of combustion. 1. Noncombustible Penetrating Items: Noncombustible materials for penetrating items connecting maximum of three stories. 2. Penetrating Items: Materials approved by authorities having jurisdiction for penetrating items connecting maximum of two stories. C. Fire Resistant Joints in Fire Rated Ceiling and Wall Assemblies: ASTM E1966 or UL 2079 to achieve fire resistant rating as indicated on Drawings for assembly in which joint is installed. 1. Smoke Barrier Joints Air Leakage: Maximum 5 cfm per foot at 0.30 inches water gage pressure differential. D. Fire Resistant Joints Between Floor Slabs and Exterior Walls: ASTM E119 with 0.10 inch water gage minimum positive pressure differential to achieve fire resistant rating as indicated on Drawings for floor assembly. E. Surface Burning Characteristics: Maximum 25/450 flame spread/smoke developed index when tested in accordance with ASTM E84. 1.7 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years documented experience. B. Applicator: Company specializing in performing Work of this section with minimum three years documented experience, and approved by manufacturer. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Fire Stopping 07 84 00 ‐ 3 E16422| City Hall Elevator Refurbish 01‐15‐21 1.8 ENVIRONMENTAL REQUIREMENTS A. Do not apply materials when temperature of substrate material and ambient air is below 60 degrees F. B. Maintain this minimum temperature before, during, and for minimum 3 days after installation of materials. C. Provide ventilation in areas to receive solvent cured materials. PART 2 PRODUCTS 2.1 FIRESTOPPING A. Manufacturers: 1. A/D Fire Protection Systems, Inc. 2. Hilti Corp. 3. 3M Fire Protection Products 4. Nelson Firestop Products 5. Specified Technologies 6. United States Gypsum Co. B. Product Description: Different types of products by multiple manufacturers are acceptable as required to meet specified system description and performance requirements; provide only one type for each similar application. 1. Silicone Firestopping Elastomeric Firestopping: Single component silicone elastomeric compound and compatible silicone sealant. 2. Foam Firestopping Compounds: Single component foam compound. 3. Fiber Stuffing and Sealant Firestopping: Composite of mineral fiber stuffing insulation with silicone elastomer for smoke stopping. 4. Mechanical Firestopping Device with Fillers: Mechanical device with incombustible fillers and silicone elastomer, covered with sheet stainless steel jacket, joined with collars, penetration sealed with flanged stops. 5. Intumescent Firestopping: Intumescent putty compound which expands on exposure to surface heat gain. 6. Firestop Pillows: Formed mineral fiber pillows. 2.2 ACCESSORIES A. Primer: Type recommended by firestopping manufacturer for specific substrate surfaces and suitable for required fire ratings. B. Dam Material: Permanent: 1. Mineral fiberboard. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Fire Stopping 07 84 00 ‐ 4 E16422| City Hall Elevator Refurbish 01‐15‐21 C. Installation Accessories: Provide clips, collars, fasteners, temporary stops or dams, and other devices required to position and retain materials in place. PART 3 EXECUTION 3.1 EXAMINATION A. Verify openings are ready to receive firestopping. 3.2 PREPARATION A. Clean substrate surfaces of dirt, dust, grease, oil, loose material, or other matter affecting bond of firestopping material. B. Remove incompatible materials affecting bond. C. Install backing/damming materials to arrest liquid material leakage. 3.3 APPLICATION A. Install material at fire rated construction perimeters and openings containing penetrating sleeves, piping, ductwork, conduit and other items, requiring firestopping. B. Apply primer where recommended by manufacturer for type of firestopping material and substrate involved, and as required for compliance with required fire ratings. C. Apply firestopping material in sufficient thickness to achieve required fire and smoke rating, to uniform density and texture. D. Compress fibered material to maximum 40 percent of its uncompressed size. 3.4 FIELD QUALITY CONTROL A. Inspect installed firestopping for compliance with specifications and submitted schedule. 3.5 CLEANING A. Clean adjacent surfaces of firestopping materials. 3.6 PROTECTION OF INSTALLED CONSTRUCTION A. Protect adjacent surfaces from damage by material installation. END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Tiling 09 30 00 ‐ 1 E16422| City Hall Elevator Refurbish 01‐15‐21 SECTION 09 30 00 TILING PART 1 GENERAL 1.1 SUMMARY A. Section includes ceramic tile for elevator cab floor applications and ceramic accessories. B. Related Sections: 1. Section 14 27 13 – Custom Elevator Cab Finishes 1.2 REFERENCES A. American National Standards Institute: 1. ANSI A108.1 ‐ Installation of Ceramic Tile, A collection. 2. ANSI A108.10 ‐ Specifications for Installation of Grout in Tilework. 3. ANSI A118.4 ‐ Latex‐Portland Cement Mortar. 4. ANSI A108.9 ‐ Specifications for Ceramic Tile Installed with Modified Epoxy Emulsion Mortar/Grout. 5. ANSI A118.6 ‐ Ceramic Tile Grouts. 6. ANSI A118.8 ‐ Modified Epoxy Emulsion Mortar/Grout. 7. ANSI A136.1 ‐ Organic Adhesives for Installation of Ceramic Tile. 8. ANSI A137.1 ‐ Ceramic Tile. B. Tile Council of America: 1. TCA ‐ Handbook for Ceramic Tile Installation. 1.3 SUBMITTALS A. Section 00 72 00 General Conditions – Article 24 B. Product Data: Submit instructions for using grouts and adhesives. C. Samples: Submit two tile and grout samples, in size illustrating pattern and color variations 1.4 CLOSEOUT SUBMITTALS A. Section 01 70 00 ‐ Execution and Closeout Requirements: Closeout procedures. B. Operation and Maintenance Data: Submit recommended cleaning methods, cleaning materials, stain removal methods, and polishes and waxes. 1.5 QUALITY ASSURANCE A. Perform Work in accordance with TCA Handbook and ANSI A108 Series/A118 Series. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Tiling 09 30 00 ‐ 2 E16422| City Hall Elevator Refurbish 01‐15‐21 1.6 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years experience. B. Installer: Company specializing in performing Work of this section with minimum three years’ experience. 1.7 DELIVERY, STORAGE, AND HANDLING A. Section 01 60 00 ‐ Product Requirements: Product storage and handling requirements. B. Protect adhesives and grouts from freezing or overheating. 1.8 ENVIRONMENTAL REQUIREMENTS A. Section 01 60 00 ‐ Product Requirements. B. Do not install adhesives and grouts in unventilated environment. C. Maintain ambient and substrate temperature of 50 degrees F during installation of mortar materials. PART 2 PRODUCTS 2.1 TILE A. Manufacturers: 1. La Rocca 2. Substitutions: reference general conditions 00 72 00 section 12.04 for substitution procedures. B. COMPONENTS 1. Passenger Elevator Floor Tile: La Rocca London Gray Ceramic Tile a. Size: 18 x 18 inch. b. Thickness: 7mm c. Grout Joint: 1/8” d. Shape: Rectangular e. Color: London Gray 2.2 ACCESSORIES A. Setting Materials: 1. Flexible Setting Compound: ISO 13007, Classification R2; Planicrete W B. Primer: DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Tiling 09 30 00 ‐ 3 E16422| City Hall Elevator Refurbish 01‐15‐21 1. Water Based Primer: MAPEI SM Primer C. Isolation Membrane: 1. Premium Crack‐Isolation and Sound Reduction Sheet Membrane: ASTM C627, ASTM E492‐ 04, ANSI A118.12, MAPEE Mapequard 2 D. Mortar Materials: 1. Premium Tile Mortar with Polymer: ISO 13007, ANSI A118.4HTE, ANSI A118.11, ANSI 118.15HTE, MAPEI Ultraflex LFT E. Grout Materials: 1. Ready‐to‐Use Grout: MAPEI Flexcolor CQ, color as selected by Architect from manufacturers full color range. F. Sealer: 1. Penetrating Tile and Grout Sealer: MAPEI Ultra Care, G. Sealant: 1. Silicone Sealant: MAPEI, ASTM C920, Type S, Grade NS, Class 25, Mapesil T H. Thresholds: Where required, provide extruded aluminum with integral edge strip. PART 3 EXECUTION 3.1 EXAMINATION A. Verify surfaces are clean and ready to receive work. B. Verify finished thickness of ceramic tile and substrates will not protrude more than ¼”‐ ½” maximum allowed per TAS and ADA standards. 3.2 PREPARATION A. Protect surrounding work from damage. B. Vacuum clean surfaces and damp clean. C. Seal substrate surface cracks with filler. D. Install cementitious backer board. Tape joints and corners, cover with skim coat of dry‐set mortar to feather edge. E. Prepare substrate surfaces for adhesive installation. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Tiling 09 30 00 ‐ 4 E16422| City Hall Elevator Refurbish 01‐15‐21 3.3 INSTALLATION A. Install tile, thresholds, and grout in accordance with applicable requirements of ANSI A108.1 through A108.10, and TCA Handbook recommendations. B. Verify tile pattern with Owner/Architects prior to installation. C. Place thing profile aluminum strip at any raised or exposed tile edges adjacent to elevator door opening. D. Cut and fit tile to penetrations through tile, leaving sealant joint space. Form corners and bases neatly. Align floor, base and wall joints. E. Place tile with joints uniform in width, subject to variance in tolerance allowed in tile size. Make joints watertight, without voids, cracks, excess mortar, or excess grout. F. Form internal angles square and external angles square. G. Install ceramic accessories rigidly in prepared openings. H. Sound tile after setting. Replace hollow sounding units. I. Keep expansion and control joints free of adhesive or grout. J. Allow tile to set for a minimum of 48 hours prior to grouting. K. Grout tile joints. Use standard grout unless otherwise indicated. L. Apply sealant to junction of tile and dissimilar materials and junction of dissimilar planes. Perimeter of tile at elevator cars. M. Installation ‐ Floors ‐ Thin‐Set Methods: 1. Over interior elevator car metal floor, install in accordance with TCA Handbook 2. Install all products as specified in Part 2 for a complete tile assembly including setting compound, exterior grade plywood, primer, crack isolation sheet, mortars, tile, grouts, and sealers. 3.4 CLEANING A. Clean all tile and grout surfaces as recommended by manufacturer. 3.5 PROTECTION OF INSTALLED CONSTRUCTION A. Do not permit traffic over finished floor surface for 4 days after installation. B. Provide specified sealer at all tile surfaces. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Tiling 09 30 00 ‐ 5 E16422| City Hall Elevator Refurbish 01‐15‐21 END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Painting and Coating 09 90 00 - 1 E16422| City Hall Elevator Refurbish 01-15-20 09 90 00 PAINTING AND COATING PART 1 GENERAL 1.1 SUMMARY A. Section includes surface preparation and field application of paints, stains, and other coatings. 1.2 REFERENCES A. ASTM International: 1. ASTM D16 ‐ Standard Terminology for Paint, Related Coatings, Materials, and Applications. 2. ASTM D4442 ‐ Standard Test Methods for Direct Moisture Content Measurement of Wood and Wood‐Base Materials. 3. ASTM E84 ‐ Standard Test Method for Surface Burning Characteristics of Building Materials. B. Painting and Decorating Contractors of America: 1. PDCA ‐ Architectural Painting Specification Manual. C. South Coast Air Quality Management District: 1. SCAQMD Rule 1113[‐January 1, 2004] ‐ Architectural Coatings. D. SSPC: The Society for Protective Coatings: 1. SSPC ‐ Steel Structures Painting Manual. 1.3 DEFINITIONS A. Conform to ASTM D16 for interpretation of terms used in this section. 1.4 SUBMITTALS A. Section 01 33 00 – Document Management: Submittal procedures. B. Product Data: Submit data on finishing products. C. Samples: 1. Submit two painted samples, illustrating selected colors for each color and system selected. D. Manufacturer's Installation Instructions: Submit special surface preparation procedures, substrate and conditions requiring special attention. 1.5 CLOSEOUT SUBMITTALS A. Section 01 70 00 ‐ Execution and Closeout Requirements: Closeout procedures. B. Operation and Maintenance Data: Submit data on cleaning, touch‐up, and repair of painted and coated surfaces. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Painting and Coating 09 90 00 - 2 E16422| City Hall Elevator Refurbish 01-15-20 1.6 QUALITY ASSURANCE A. Surface Burning Characteristics: 1. Fire Retardant Finishes: Maximum 25/450 flame spread/smoke developed index when tested in accordance with ASTM E84. 1.7 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years documented experience. B. Applicator: Company specializing in performing work of this section with minimum 3 years documented experience. 1.8 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site in sealed and labeled containers; inspect to verify acceptability. B. Container Label: Include manufacturer's name, type of paint, brand name, lot number, brand code, coverage, surface preparation, drying time, cleanup requirements, color designation, and instructions for mixing and reducing. C. Paint Materials: Store at minimum ambient temperature of 45 degrees F and maximum of 90 degrees F, in ventilated area, and as required by manufacturer's instructions. 1.9 ENVIRONMENTAL REQUIREMENTS A. Do not apply materials when surface and ambient temperatures are outside temperature ranges required by paint product manufacturer. B. Do not apply exterior coatings during rain or snow when relative humidity is outside humidity ranges, or moisture content of surfaces exceed those required by paint product manufacturer. C. Minimum Application Temperatures for Latex Paints: 45 degrees F for interiors; 50 degrees F for exterior; unless required otherwise by manufacturer's instructions. D. Minimum Application Temperature for Stains/Varnish Finishes: 65 degrees F for interior or exterior, unless required otherwise by manufacturer's instructions. E. Provide lighting level of 80 ft candle measured mid‐height at substrate surface. 1.10 SEQUENCING A. Sequence application to the following: 1. Do not apply finish coats until paintable sealant is applied. 2. Back prime wood trim before installation of trim. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Painting and Coating 09 90 00 - 3 E16422| City Hall Elevator Refurbish 01-15-20 1.11 WARRANTY A. Section 01 70 00 ‐ Execution and Closeout Requirements: Product warranties and product bonds. B. Furnish five‐year manufacturer warranty for paints and coatings. 1.12 EXTRA MATERIALS A. Section 01 70 00 ‐ Execution and Closeout Requirements: Spare parts and maintenance products. B. Supply 1 gallons of each color, type, and surface texture; store where directed. C. Label each container with color, type, texture and room locations in addition to manufacturer's label. PART 2 PRODUCTS 2.1 PAINTS AND COATINGS A. Manufacturers: Paint, Primer Sealers. 1. Sherwin Williams 2. PPG Architectural Finishes 3. Benjamin Moore 2.2 COMPONENTS A. Coatings: Ready mixed, except field catalyzed coatings. Prepare coatings: 1. To soft paste consistency, capable of being readily and uniformly dispersed to homogeneous coating. 2. For good flow and brushing properties. 3. Capable of drying or curing free of streaks or sags. B. Accessory Materials: Linseed oil, shellac, turpentine, paint thinners and other materials not specifically indicated but required to achieve finishes specified; commercial quality. C. Patching Materials: Latex filler. D. Fastener Head Cover Materials: Latex filler. PART 3 EXECUTION 3.1 EXAMINATION A. Section 01 31 00 – Project Management and Coordination: Coordination and project conditions. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Painting and Coating 09 90 00 - 4 E16422| City Hall Elevator Refurbish 01-15-20 B. Verify surfaces are ready to receive Work as instructed by product manufacturer. C. Examine surfaces scheduled to be finished prior to commencement of work. Report conditions capable of affecting proper application. D. Test shop applied primer for compatibility with subsequent cover materials. E. Measure moisture content of surfaces using electronic moisture meter. Do not apply finishes unless moisture content of surfaces are below the following maximums: 1. Plaster and Gypsum Wallboard: 12 percent. 3.2 PREPARATION A. Surface Appurtenances: Remove electrical plates, hardware, light fixture trim, escutcheons, and fittings prior to preparing surfaces or finishing. B. Hand Tool Cleaning: Hand Tool Cleaning removes all loose mill scale, loose rust, and other detrimental foreign matter. It is not intended that adherent mill scale, rust, and paint be removed by this process. Mill scale, rust, and paint are considered adherent if they cannot be removed by lifting with a dull putty knife. Before hand tool cleaning, remove visible oil, grease, soluble residues, and salts by the methods outlined in SSPC‐SP1. For complete instruction, refer to Steel Structures Paint Council Surface Preparation Specification No. 2 (SSPC‐SP2) C. Surfaces: Correct defects and clean surfaces capable of affecting work of this section. D. Marks: Seal with shellac those which may bleed through surface finishes. E. Impervious Surfaces: Remove mildew by scrubbing with solution of tri‐sodium phosphate and bleach. Rinse with clean water and allow surface to dry. F. Gypsum Board Surfaces: Must be clean and dry. All nail/screw heads must be set and spackled. Joints must be taped and covered with a joint compound. Spackled nail heads and tape joints must be sanded smooth and all dust removed prior to painting. Exterior surfaces must be spackled with exterior grade compounds. G. Uncoated Steel and Iron Surfaces: Remove grease, mill scale, weld splatter, dirt, and rust. Where heavy coatings of scale are evident, remove by hand wire brushing or sandblasting; clean by washing with solvent. Apply treatment of phosphoric acid solution, ensuring weld joints, bolts, and nuts are similarly cleaned. Spot prime paint after repairs. H. Shop Primed Steel Surfaces: Sand and scrape to remove loose primer and rust. Feather edges to make touch‐up patches inconspicuous. Clean surfaces with solvent. Prime bare steel surfaces. I. Interior Wood Items Scheduled to Receive Paint Finish: Must be stored in dry, warm rooms to prevent absorption of moisture, shrinkage, and roughening of the wood. All surfaces must be sanded smooth, with the grain, never across it. Wipe off dust and grit prior to priming. Seal DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Painting and Coating 09 90 00 - 5 E16422| City Hall Elevator Refurbish 01-15-20 knots, pitch streaks, and sappy sections with sealer. Fill nail holes and cracks after primer has dried; sand between coats. 3.3 APPLICATION A. Do not apply finishes to surfaces that are not dry. Allow applied coats to dry before next coat is applied. B. Apply each coat to uniform appearance. Apply each coat of paint slightly darker than preceding coat unless specified otherwise. C. Sand wood and metal surfaces lightly between coats to achieve required finish. D. Vacuum clean surfaces of loose particles. Use tack cloth to remove dust and particles just prior to applying next coat. E. Where clear finishes are required, tint fillers to match wood. Work fillers into grain before set. Wipe excess from surface. F. Prime concealed surfaces of interior and exterior woodwork with primer paint. G. Prime concealed surfaces of interior wood surfaces scheduled to receive stain or varnish finish with gloss varnish reduced 25 percent with thinner. H. Finishing Mechanical And Electrical Equipment: 1. Paint shop primed equipment. 2. Remove unfinished louvers, grilles, covers, and access panels on mechanical and electrical components and paint separately. 3. Prime and paint insulated and exposed pipes, conduit, boxes, insulated and exposed ducts, hangers, brackets, collars and supports, and except where items are shop finished. 4. Paint interior surfaces of air ducts and convector and baseboard heating cabinets visible through grilles and louvers with one coat of flat black paint to visible surfaces. Paint dampers exposed behind louvers and grilles to match face panels. 5. Paint exposed conduit and electrical equipment occurring in finished areas. 6. Paint both sides and edges of plywood backboards for electrical and telephone equipment before installing equipment. 7. Color code equipment, piping, conduit, and exposed duct work in accordance with requirements indicated. Color band and identify with flow arrows, names, and numbering. 8. Reinstall electrical cover plates, hardware, light fixture trim, escutcheons, and fittings removed prior to finishing. 3.4 CLEANING A. Section 01 70 00 ‐ Execution and Closeout Requirements: Final cleaning. B. Collect waste material which may constitute fire hazard, place in closed metal containers, and remove daily from site. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Painting and Coating 09 90 00 - 6 E16422| City Hall Elevator Refurbish 01-15-20 3.5 SCHEDULE ‐ INTERIOR SURFACES A. Gypsum Board: 1. Primer: PVA INT PRMR WHITE 2. First Coat: Harmony Interior Acrylic Latex Paint, Zero VOC, Eggshell, color: match existing 3. Second Coat: Harmony Interior Acrylic Latex Paint, Zero VOC, Eggshell, color: match existing B. Metal Touch‐up: 1. Primer: 2. First Coat: ProClassic XP Alkyd Interior Enamel, Satin, color: TBD 3. Second Coat: ProClassic XP Alkyd Interior Enamel, Satin, color: TBD C. Machine Room Floor Paint: 1. First Coat: ProClassic XP Alkyd Interior Enamel, Satin, color: TBD 2. Second Coat: ProClassic XP Alkyd Interior Enamel, Satin, color: TBD 3.6 SCHEDULE – COLORS A. Color as selected by Owner/Architect END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Custom Elevator Cab Finishes 14 27 13 - 1 E16422| City Hall Elevator Refurbish 01-15-21 14 27 13 CUSTOM ELEVATOR CAB FINISHES PART 1 GENERAL 1.1 SUMMARY A. Section includes elevator cab interior finish systems with fasteners and all materials required for complete assembly including the following: 1. Rear wall panels. 2. Side wall panels. 3. Handrails. 4. Corner/flat reveals. 5. Suspended ceiling. 6. Ceiling lighting. B. Related Sections: 1. Section 09 30 00 – Tiling 2. Section 09 90 00 ‐ Painting and Coating 3. Section 14 41 00 – Electric Traction Elevator‐Alteration 1.2 REFERENCES A. ASTM International: 1. ASTM E84 – Standard Test Method for Surface Burning Characteristics of Building Materials. 2. ASTM E17.1 – Safety Code for Elevators and Escalators. 1.3 SUBMITTALS A. Section 00 72 00 General Conditions – Article 24 B. Submit manufacturers shop drawings, installation drawings, installation instructions and maintenance instructions. C. Product Data: Provide manufacturers data sheets on each product to be used. D. Manufacturer's Installation Instructions: Submit installation requirements and rough‐in dimensions. E. Samples: For each material and product specified, submit two samples, minimum size 2.5” x 1.5”, to both owner and architect for final verification of finish and final approval. 1.4 CLOSEOUT SUBMITTALS A. Project Record Documents: Record actual location and size of finish panels. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Custom Elevator Cab Finishes 14 27 13 - 2 E16422| City Hall Elevator Refurbish 01-15-21 1.5 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing of architectural surface materials and fabrication of elevator cab interiors with minimum 10 years experience. B. Installer: Minimum 3 years experience in the installation of elevator interiors. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to installation site in manufacturer’s original packaging. Handle products in accordance with manufacturer’s instructions. Store in dry, secure location, protected against direct sunlight and excessive heat. Protect finished surfaces. 1.7 PROJECT CONDITIONS A. Maintain environmental conditions (temperature, humidity and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environments conditions outside manufacturer’s limits. 1.8 WARRANTY A. Provide manufacturer’s standard one year warranty against defects in materials and workmanship. PART 2 PRODUCTS 2.1 MANUFACTURERS 1. SnapCab 2. Forms+Surfaces 3. Thyssenkrupp Elevator Company 4. Otis Elevator Company 5. Kone Corporation 6. Or approved equal, reference general conditions 00 72 00 section 12.04 for substitution procedures. 2.2 PASSENGER ELEVATOR CAB FINISHES A. REAR AND SIDE WALL PANELS 1. Provide interlocking grid panel system comprised of removable wall panels with interlocking joints. Reference drawings for panel configuration. 2. Provide inset panels in the finishes specified. a. Plastic laminate wall panels 1) Wilsonart – 4965‐07 Basket Weaving 2) Wilsonart – 7925‐38 Monticello Maples b. Stainless Steel panels to be No. 4 Finish. 3. Provide interlocking, self‐revealing grid frame system DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Custom Elevator Cab Finishes 14 27 13 - 3 E16422| City Hall Elevator Refurbish 01-15-21 B. TOE KICK 1. Provide toe kick and toe kick binder with concealed ventilation gap for interlocking panels 2. Satin No. 4 finish 20 gauge stainless steel toe kick with anodized mill finish aluminum binder 3. Toe Cap: Anodized mill finish aluminum top cap with integrated pad hook channel. C. CORNERS AND REVEALS 1. Stainless steel, 20 gauge, No. 4 satin finish. D. HANDRAIL 1. Pre‐installed on wall panel to measure 32 inches above finish floor unless noted otherwise. 2. Location: Back walls 3. Type: Flat bar with returned ends, 3/8 inches thick. a. Width: 2 inches b. Material and Finish: Satin stainless steel with No. 4 finish. E. CEILING SYSTEM 1. Type: Ceiling with concealed heavy‐duty brushed 1.5 inch T aluminum frame, with adjustable mounting legs, with a removable panel for access to the escape hatch. Ceiling Class B or better fire rated as per ASTM E 84. 2. Facing: Stainless Steel with No. 4 satin finish. F. CEILING LIGHTS 1. LED fixture mounted on suspended ceiling: Standard LED downlights, low energy, low voltage, warm white (3000 Kelvin), 4 watt bulbs, up to 50,000 hours of life; integrated tamperproof metal trim ring. a. Provide emergency lighting battery backup. G. ASSOCIATED COMPONENTS 1. Materials for car operating panels, return panels, doors, jambs, buttons, hall lanterns and transoms, not included in this section. Reference section 14 41 00 Electric Traction Elevator for full scope of accessories to be replaced. 2. Refence section 09 30 00 Tiling for floor finish requirements at passenger elevators. 2.3 SERVICE ELEVATOR CAB FINISHES A. REAR AND SIDE WALL PANELS 1. Provide interlocking grid panel system comprised of removable wall panels with interlocking joints. Reference drawings for panel configuration. 2. Provide inset panels in the finishes specified. a. Stainless Steel 5WL 3. Provide interlocking, self‐revealing grid frame system B. TOE KICK 1. Provide toe kick and toe kick binder with concealed ventilation gap for interlocking panels DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Custom Elevator Cab Finishes 14 27 13 - 4 E16422| City Hall Elevator Refurbish 01-15-21 2. Satin No. 4 finish 20 gauge stainless steel toe kick with anodized mill finish aluminum binder 3. Toe Cap: Anodized mill finish aluminum top cap with integrated pad hook channel. C. CORNERS AND REVEALS 1. Stainless steel, 20 gauge, No. 4 satin finish. D. HANDRAIL 1. Pre‐installed on wall panel to measure 32 inches above finish floor unless noted otherwise. 2. Location: Back wall 3. Type: Flat bar with returned ends, 3/8 inches thick. a. Width: 2 inches b. Material and Finish: Satin stainless steel with No. 4 finish. E. CEILING SYSTEM 1. Type: Ceiling with concealed heavy‐duty brushed 1.5 inch T aluminum frame, with adjustable mounting legs, with a removable panel for access to the escape hatch. Ceiling Class B or better fire rated as per ASTM E 84. 2. Facing: Stainless Steel with No. 4 satin finish. F. CEILING LIGHTS 1. LED fixture mounted on suspended ceiling: Standard LED downlights, low energy, low voltage, warm white (3000 Kelvin), 4 watt bulbs, up to 50,000 hours of life; integrated tamperproof metal trim ring. a. Provide emergency lighting battery backup. G. FLOORING 1. Aluminum Treadplate flooring, Type 6061 Mill Finish cut to fit service elevator floor. Refence drawings for approximate floor size, field verify all dimensions. H. ASSOCIATED COMPONENTS 1. Materials for car operating panels, return panels, doors, jambs, buttons, hall lanterns and transoms, not included in this section. Reference section 14 41 00 Electric Traction Elevator for full scope of accessories to be replaced. PART 3 EXECUTION 3.1 PREPARATION A. Prepare surfaces using the methods recommended by the manufacturer in printed installation instruction for achieving the best result for the substrate under the project conditions. 3.2 INSTALLATION A. Do not make structural changes to elevator cab. Do not install work in a manner that interferes with the safe operation of elevator. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Custom Elevator Cab Finishes 14 27 13 - 5 E16422| City Hall Elevator Refurbish 01-15-21 B. Install in accordance with elevator system manufacturer’s instructions. 3.3 CLEANING AND PROTECTION A. Remove strippable film. Clean exposed surface in accordance with manufacturer’s instructions. B. Protect exposed surfaces from damage by subsequent construction. END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 1 E16422| City Hall Elevator Refurbish 01‐15‐21 14 41 00 ELECTRIC TRACTION ELEVATOR ALTERATION PART 1 – GENERAL 1.01 SUMMARY A. Scope: It is the purpose of this specification to include all labor, material, tools, rigging and equipment necessary to: 1. Provide Alterations to Three (3) Electric Traction Passenger Elevators and One (1) Electric Traction Service Elevator, located in Corpus Christi, Texas, complete in every respect, make code and ADA/TAS required changes, and meet the requirements as indicated and specified. Elevators are designated as Passenger Elevators No. 1‐3 and Service Elevator No. 4. 2. Related Sections and Work: A. Electrical. B. Communications C. Electronic Safety and Security 3. Coordinate the work of this Section with work of other trades and disciplines as required to properly execute the work as necessary to maintain satisfactory progress of the work of other Sections. The Contractor shall be responsible for coordinating all necessary building related work. 4. The alterations of the elevators must be properly coordinated so that the building will not be without operational elevators at any time. Contractor is responsible for scheduling the removal of elevators from service. Contractor shall provide all necessary and required protection in common hoistway spaces for the duration of the Alteration. 5. If these specifications are not complete as to any minor detail of a required feature, or with regard to the manner of combining or installing parts, material or equipment, but there exists an acceptable trade standard for good and workmanlike practices, such detail shall be deemed by implication to have been required by these specifications in accordance with such standard. B. Related Work: 1. It is the intent of these specifications to retain and utilize the existing machine room conditioning for Elevators 1‐3 and 4. Contractor shall review and verify the existing conditioning is suitable for the new machine room elevator equipment. 2. It is the intent of these specifications to retain and re use elevator signal fixture boxes as specified. If a new signal fixture box is required or a modification to an existing location is DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 2 E16422| City Hall Elevator Refurbish 01‐15‐21 required the Contractor shall be solely responsible for coordinating the modification and any required wall patching. 3. It is the intent of these Specifications to reuse block‐outs in machine room floor slab, existing floor penetrations and structural supports. If additional is required, this work will be performed by Contractor. 4. Necessary modifications for machine room and pit lighting and convenience outlets, 460 volt 3 phase, 60 hertz electrical power distribution to elevator machine rooms including emergency power distribution and products of combustion detection systems shall be completed as part of these Specifications by the Contractor 5. Any noted Building related work required to make the Alteration complete and in Code compliance discovered by the Contractor during the onsite survey shall be immediately conveyed to the Owner and Architect. C. Site Visit and Inspection of Existing Equipment: 1. By submitting a bid proposal, Contractor certifies that he has visited and inspected the site and existing facilities and has informed himself in detail as to all existing conditions that may affect the work. Failure to do so will not be considered sufficient justification for additional compensation and/or extension of contract time. 2. Contractor shall advise Owner or Owner’s Agent of any required changes for building smoke initiating devices for interface with proposed elevator control system. Phase I and Phase II Fire service features shall be tested in accordance with ASME A17.1. 3. For questions or clarifications regarding these specifications, contact the cities designated project manager. 4. Make arrangements for job‐site visits with Owner/Architect as determined in the Bid Documents. 1.02 SUBMITTALS A. Shop Drawings, Descriptive Data: Submit a total quantity of Six, showing location and arrangement of new machine room and hoistway equipment. Submit drawings, in the same quantity, of all auxiliary equipment furnished in this contract. Submittals are required on all new equipment and devices installed on this alteration. B. Provide machine room layout of existing elevator hoist machine location, location of new machine room components, machine beams and corresponding dimensions of hoistway, clear overhead and pit depth. This submittal required within 21 working days of Notice to Proceed. C. Descriptive Data: Submit details of operation and auxiliary equipment for approval prior to manufacture. D. Samples: All exposed materials with finish and all signal fixture components. 1. Omit all logos from exposed finishes or components. E. Maintenance Data: Provide project specific information necessary for proper maintenance, safety tests and adjustment of the elevator equipment prior to final acceptance as follows: DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 3 E16422| City Hall Elevator Refurbish 01‐15‐21 1. Straight line wiring diagrams of as‐installed elevator circuits with index of location and function of all components. Wiring diagrams must be Project specific including serial numbers of new primary components. Provide 4 corrected sets for Owner’s file 60 days after acceptance. One set shall be permanently mounted in elevator machine room and one set on Auto Cad CD or other acceptable electronic means. 2. Three copies of lubricating instructions and recommended lubricant grade. 3. Three parts catalogs and maintenance manuals. Six sets of elevator keys identified for feature and function. 4. Include any special tools, pass words, fault codes and fault code solutions, software package or manuals that are required for maintenance, trouble shooting, adjustments or performing safety tests of the elevators for the Owner’s use. Owner shall not incur additional cost for service tool or devices. 5. If the Contractor requires the Owner to sign a lease for the special trouble‐shooting tool, a copy of the lease shall be submitted with the bid for the Owner’s consideration. 6. Provide a minimum of 2 hours of onsite Owners training in the safe use of the elevator systems and owners data outlined in 1.02 E. Training shall be accomplished by supervisory level personnel. 7. Demonstrate the ability to use non proprietary means to adjust, trouble shoot and perform Code required Safety tests as outlined in 1.02, E. 1.03 REFERENCES A. Comply with applicable building codes and elevator codes at the project site, including but not limited to the following: 1. ASME A17.1 Safety Code for Elevators and Escalators, current adopted edition 2. ASME A17.3 Safety Code for Elevators and Escalators, current adopted edition 3. ASME A17.2.1, Inspectors Manual for Electric Elevators, current adopted edition. 4. NFPA 70 National Electrical Code, latest adopted edition. 5. NFPA 80 Fire Doors and Windows. 6. Americans with Disabilities Act – Accessibility Guidelines (ADAAG). 7. Texas Accessibility Standards [TAS], current adopted edition. 8. ANSI A117.1, Buildings and Facilities, Providing Accessibility and Usability for Physically Handicapped People, current adopted edition. 9. ASME UL 10B and ASTM E152, Fire tests of door assemblies. 10. Model Building Code IBC, current adopted edition, City of Austin, Texas. 11. City of Austin and State of Texas applicable Codes and Amendments. B. Make application for, secure and pay for all necessary permits and certificates of inspection for all equipment included herein, as required by the various departments of the Local and State Authorities. Furnish the Owner certificates and approval as required by the local governing authorities having jurisdiction. C. In addition to the permits, inspections and test specified and the governing codes, the Contractor will be required to have performed speed and load carrying capacity and heat tests at his own expense. D. Any damage of any kind to the car or the adjoining structure which may develop through performance of any tests shall be repaired at no additional costs to the Owner. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 4 E16422| City Hall Elevator Refurbish 01‐15‐21 1.04 CONTRACTOR'S RESPONSIBILITY A. The electrical and mechanical design shall be based on the following power characteristics and heat releases. The Contractor shall submit with bid power characteristics and heat releases applicable to the proposed elevator equipment. Any additions or modifications requested at a later date will be at the expense of the Contractor. Power Supply: 460V ‐3‐60. Machine room temperature range 50 to 90 degree F; 95% non‐condensing humidity. Elevator: Duty: HP: Start Amp: Full Load Amp Pass. #1 ‐ 3 3000 @ 350 FPM 40 104 65 Serv. #4 3500 @ 200 FPM 30 88 58 Heat Release: approximately 15,500 BTU per hour/per elevator B. Store materials in a dry protected area as directed by the Owner’s Agent. Protect and handle materials in accordance with manufacturer’s recommendations to prevent damage, soiling, or deterioration. 1.05 WARRANTY A. For new equipment installed, provide warranty to replace, repair, or restore parts or components that fail or do not operate properly due to poor field or factory workmanship, engineering or design for a period 12 months from the date of substantial completion and signed final acceptance of all elevators in the Project. 1.06 MAINTENANCE A. Furnish regular maintenance for the elevators during the Alteration period (Interim Maintenance) until all the Project elevator equipment is accepted by the Owner or Owner’s Agent. The maintenance service shall include regular semi‐monthly examinations of the installation by competent and trained mechanics, and shall include all necessary adjustments, greasing, oiling, cleaning, and supply of parts and accessories necessary to keep the equipment in good operating condition, except such replacement of parts made necessary by misuse, accidents not attributable to failure of equipment or workmanship, and negligence of the Owner. Provide call back service with a maximum of 2 hours response time for regular hours and 1 hour maximum response time for passenger entrapments. B. Repair and maintenance work shall be carried out only by the selected Contractor’s personnel, using only standard parts furnished by the Contractor and shall not be assigned or transferred to any agent. C. Interim Maintenance shall include Passenger Elevators No. 1‐3 and Service No. 4. Reference Interim Maintenance, Part 3, Execution. Terms and Conditions of the current Maintenance Agreement in place shall prevail as the standard for the Interim Maintenance period; parts and DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 5 E16422| City Hall Elevator Refurbish 01‐15‐21 labor agreement. Annual State of Texas inspections shall be kept current during the “Alteration Period” and Warranty Period. The scheduling, cost, coordination and engaging of the certified QEI Inspector shall be the sole responsibility of the Contractor. D. On site personnel shall be required to assist in returning to service elevators that have a malfunction during regular business hours prior to the arrival of the regular service technician. E. Contractor shall provide a master maintenance proposal for five years starting from completion and acceptance of all Elevators. Proposal shall include 24‐hour emergency call back service as detailed in 1.06 A. This proposal is to be submitted with equipment Bid for review. 1.O7 QUALITY ASSURANCE A. The specific product or material manufactured by any of the following listed manufacturers is “acceptable” only if the specific product or material can evidence exact compliance with the contract documents and governing codes. 1. KONE Elevator Company 2. ThyssenKrupp Elevator Company 3. Otis Elevator Company 4. EMR 5. Or equivalent as approved Owner/Architect: Reference general conditions 00 72 00 section 12.04 for substitution procedures. B. Contractor must be able to demonstrate that it has installed and maintained similar elevators to those specified and which have given satisfactory service; has been in successful operation for at least five years; maintains locally an adequate stock of parts for replacement or emergency purposes; has available qualified persons and equipment to do the work. C. The controls shall not have any software embedded that shuts the elevator down if the equipment is not malfunctioning, and forces the Owner to call the Manufacturer for service. 1.08 PARTS AND PRINTED CIRCUIT BOARDS A. Contractor guarantees they will sell all parts and printed circuit boards to the Owner or the Owner’s Agent. The same shall not be dependent on an exchange component. PART 2 PRODUCTS 2.01 MANUFACTURERS A. The following manufacturers, installers, dispatching and components are acceptable: 1. For all elevators: KONE ThyssenKrupp Otis Elevator DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 6 E16422| City Hall Elevator Refurbish 01‐15‐21 EMR 2. Motion Control Engineering 4000 or equivalent 3. Hoist Machines: Torin Geared or gearless type or equivalent 4. Door Operator: Closed loop GAL‐MOVR 2.02 TYPE AND GENERAL CHARACTERISTICS Passenger Elevators No. 1‐3 Service Elevator No. 4 1. Quantity: Three Passenger One Service 2. Capacity No. 1‐3: 3000 Lbs. No. 4: 3500 Lbs. 3. Speed No. 1‐3: 350 fpm No. 4: 200 FPM Field verify duty with Crosshead Data Plate 4. Floors Served Basement & Level 1‐6 5. Stops and Openings Seven 6. Operation Group Automatic MACHINE ROOM Control New Microprocessor Controls with new motion control Machine Furnish and install a new geared or gearless elevator hoist machine(s). Contractor is responsible for re using existing machine room floor and support. Clean the hoist machine floor area free of debris, oil, grease residue etc. Motor: Provide new AC motor for each Geared elevator hoist machine including necessary machine coupling. Motor shall be specifically designed for elevator application; new encoder Governor Provide new governor and new governor rope as specified Leveling devices Provide new Fireman Service Provide Phase I & II per ASME A17.1 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 7 E16422| City Hall Elevator Refurbish 01‐15‐21 HOISTWAY Sheaves Provide new with new hoist machine(s) Hoist Cables Provide new including new shackles Governor Cables Provide new Limit Switches Provide new Hoistway Door Interlocks Provide new Hoistway Door Closers Provide new; adjust as necessary for correct door operation Hoistway Door Tracks Retain and reuse; clean track for smooth operation Hoistway Door Hangers Retain and reuse Hoistway Door Sills Reuse existing; clean/polish from edge to edge (lengthwise) Hoistway Door Frames Retain and reuse Hoistway Door Panels Retain and reuse as specified Hoistway Fascia and Toe Guard Reuse hoistway fascia; provide new toe guard Hoistway Door Unlocking Retain and reuse keyway access; new hardware Hatch Wiring and Travel Cables Provide new as specified Main and Counterweight rails Reuse Existing; check all fastenings and alignment; adjust or repair as required Buffers Retain as specified Clean (wire brush) and paint pit channels Pit and Secondary Stop Switches Provide new Counterweight Retain Existing; add or delete weights as required to re‐balance cab; confirm cab interior weight Counterweight Roller Guides Provide new roller wheels; completely clean the assembly to a like new condition CAR Car Sling Reuse Existing; clean and re‐paint rust spots Safeties Retain and recondition; test as required DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 8 E16422| City Hall Elevator Refurbish 01‐15‐21 Car Door Contact Provide new Car Roller Guides Provide new roller wheels, adjust to rails for smooth ride characteristics; completely clean assembly to a like new condition Platform Reuse existing; replace isolation if required to meet load weighing and load weighing dispatch requirements. Car Enclosure As specified and detailed in the Project Documents Cab Threshold Retain and reuse; clean/polish from edge to edge (lengthwise) Car Doors Provide new with same finish as existing Toe Guard Provide new or retain with finishes specified Return Panels & Header Replace as specified Communications Provide new as specified in COP Floor Covering Replace as specified Door Operator Provide new closed loop linear type and Code approved door restrictors; new door clutch and associated components (Door restrictor device may be reused if compatible) Car Door Hangers Retain and reuse Car Door Track Retain and reuse; completely clean from edge to edge Door Protection Provide new multi‐beam, proximity door protection SIGNALFIXTURES Car Operating Panels Provide new as specified Car Position Indicators Provide new as specified Hall Lanterns Provide new internal parts as specified Hall Buttons Provide new as specified DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 9 E16422| City Hall Elevator Refurbish 01‐15‐21 2.03 PERFORMANCE A. Speed: +/‐ 3% under any loading condition. B. Capacity: Safely lower, stop and hold up to 125% rated load. C. Leveling: +/‐ 1/8” under any loading condition. D. Door Closing time, Thrust and Kinetic Energy shall comply with ASME Code and ADA. E. Airborne noise: measured noise level of elevator equipment and its operations shall not exceed 50 dBA in the adjacent Lobby space(s) and 60 dBA inside cab at full contract speed with the exhaust fan on its highest speed. Machine room noise not to exceed 80 dBa for elevator equipment. F. Vibration Control: all elevator equipment, including but not limited to power units, hoist machines and controller cabinets shall be mechanically isolated from the building structure electrically isolated to minimize the objectionable noise and vibration transmission to occupied spaces of the building. G. Ride quality: Adjacent peak to peak acceleration: 350 FPM‐17 mg. H. Sustained jerk: not more than 6 feet/second 3. I. Floor to Floor Performance Time: Floor to floor performance time of 11.0 seconds for the passenger elevators rated at 350 FPM (from time door starts closing at one floor to fully opened and level on next successive typical floor, regardless of loading conditions or direction of travel). 2.04 MACHINE ROOM EQUIPMENT A. Identification: Provide identifying numbers on drive, machine, governor, controller and disconnect switch(s) as required by ASME A17.1 Code. B. Provide Code Data Plate on the controller for each elevator in accordance with ASME A17.1, Code Data Plate Requirements. C. Machine(s): Furnish and install a new geared or gearless hoist machine for each elevator. Contractor shall be solely responsible for removing the existing hoist machines and hoist cables as required by Part 3 of these specifications. The floor area shall be completely cleaned free of all debris and carbon residue. Contractor shall reuse the existing hoist machine support for installation of the new hoist machine(s). Cleaning shall include all spaces in and around machine bed plate and machine room floor area. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 10 E16422| City Hall Elevator Refurbish 01‐15‐21 D. For a new geared elevator hoist machine provide new AC motor(s) for each elevator, especially designed for elevator service, with motor coupling connection to hoist machine. E. Sound Isolation: Provide resilient isolators beneath the machine bed plates and drive units to reduce vibration and noise transmission to the building structure. F. A variable voltage, variable frequency power controller shall be provided to apply variable voltage to the elevator motor. The controller shall, during the acceleration and retardation periods, gradually change voltage applied to the elevator motor without interruption of the power to the motor. The system shall be designed to properly filter and control noise, spiking and other objectionable by‐products. The successful bidder must be able to demonstrate that he has successfully installed similar equipment. Static drives shall operate satisfactorily when applied and connected to the building electrical distribution system that has disturbance levels of up to the maximum allowed by IEEE‐518 current standard for general systems. IEEE 519 current standard shall be used as drive design guidelines for current harmonics. 1. A digital velocity encoder shall be provided on the motor giving feedback to the controller on motor speed and position. Provide line filters, noise spike or notching suppressors to insure other computer‐operated equipment in the building will not be affected. 2. The system shall meet or exceed all requirements of IEEE 519 current standard for general systems. The position selector shall be part of the microprocessor system. The car position in the hoistway shall be digitized through a primary position encoder. The microprocessor control system shall store the floor position and slowdown points in memory. 3. The drive control system shall be a dual‐loop feedback system based primarily on car position. The velocity profile shall be calculated by the microprocessor control system producing extremely smooth and accurate stops. The velocity encoder shall permit accurate position/velocity feedback shall permit a fast and accurate control of acceleration and deceleration. The vertical acceleration rate shall be not less than 3.3 ft./sec.² for speeds through 700 fpm, and 4 ft./sec.² for speeds over 700 fpm. G. Provide line reactors, line filters or motor filters on the line to prevent interference from line to drive and from drive to motor. Prevent motor noise and electrical distortion back to the building electrical power supply system. Transformers, reactance units shall be mounted in neoprene in shear isolators equal to Mason Industries, Type ND or as approved with a minimum static deflection of 0.15 inch. An effective electrical filter/reactance limiting electrical noise shall be provided. Filtering system shall meet IEEE 519 current standards, and FCC class B standards. H. Visible Ground Wire: All electrical machine room equipment shall have a visible ground wire at least #8 in size, bare or green insulation. I. Brake: The brake shall be spring applied and electrically released and designed to provide smooth stops under variable loads. Test brake in conjunction with acceptance inspection test to stop and hold 125% of rated load in car. J. Governor: The governor shall actuate a switch when excessive descending speeds occur, disconnecting power to the motor and applying the brake application of the safety. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 11 E16422| City Hall Elevator Refurbish 01‐15‐21 K. Provide Code required unintended upward movement device or secondary machine brake. 2.05 AUTOMATIC TWO WAY LEVELING. A. Each elevator will have two way leveling to automatically bring the car to a stop approximately level with any floor for which a stop has been initiated, regardless of load, rope stretch or direction of travel. B. Automatic leveling control shall permit the synchronization of door opening with the stopping of the car at a floor. 2.06 ELEVATOR SUCCESSIVE STARTING A. After all drives in a group have been shut down due to lack of normal power, only a single drive shall be allowed to start up at one time. 2.07 NORMAL STOPPING DEVICES A. Provide slow‐down and normal stopping devices on top of each car. 2.08 GUARDS A. In addition to guards for sheaves and other similar items hereinafter specified, attention is directed to the requirements relative to guarding of exposed gears, sprockets, tape or rope sheaves, or devices of selectors, floor controllers, or signal machines, and the ropes, chains, or tapes for driving same in machine rooms and secondary spaces. Kick angles shall be included around all unprotected openings in the machine room floor. 2.09 MOTION CONTROL A. Furnish and install microprocessor motion controllers for each elevator. B. The motion control system shall perform all of the functions of safe elevator motion and elevator door control. This shall include all of the hardware and software required to connect, transfer and interrupt power, and protect the equipment against overloads. The motion controller shall interface with the microprocessor control system. 2.10 OPERATION AND CONTROL SYSTEMS A. Provide “Group Automatic” operation and control systems for Elevators #1‐3. B. Provide Selective Collective operation for Service Elevator #4. 2.11 OPERATION A. General Operation and Control: A microprocessor based control system shall be provided to perform all of the functions of safe elevator motion and elevator door control. This shall include all of the hardware required to connect, transfer and interrupt power, and protect the motor against overloading. The system shall also perform car operational and group DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 12 E16422| City Hall Elevator Refurbish 01‐15‐21 supervisory control. Each controller cabinet containing memory equipment shall be properly shielded from line pollution. Micro‐computer system shall be designed to accept reprogramming with minimum system down time. B. Anticipated in Rush Device: To maintain sufficient lobby elevator capacity to handle anticipated heavy in rush traffic the system shall include a device to call all of the cars in the group to the lobby without waiting for a lobby call. The device shall only operate predetermined heavy rush periods. During these periods, cars shall be automatically dispatched from the lobby when they become loaded nearly to capacity or, if not loaded to capacity, on a variable time interval calculated on the basis of the number of cars at the lobby and other data representative of traffic in the system. The cars shall continue to operate in this manner until the end of the pre‐determined period. C. Off Peak Geographical Spacing: When the cars are at rest, they shall be assigned throughout the building to pre‐determined zones. The first car entering a zone shall become assigned to that zone. A car may run through an occupied, assigned zone in search of an unoccupied zone in which to park. While there are no calls registered the cars shall remain in a zone parked with door closed. The lowest zone shall consist of the main floor and adjacent floor, above or below, as required to suit design requirements. The remaining floors shall be divided into equal zones with one car randomly assigned to each zone. Optimized response to hall calls shall be below, as required to suit design requirements. The remaining floors shall be divided into equal zones with one car randomly assigned to each zone. Optimized response to hall calls shall be achieved by computing a relative system response (RSR) time for each registered hall call. The computation of each car’s (RSR) time to a hall call shall be based on, but not limited to, such relevant factors as distance, service to previously assigned car, and hall calls, car load, direction, door and car motion status, and coincidence of car and hall calls. The car with the least RSR shall have this car assigned to it. RSR computation for each hall call are repeated several times a second and the hall call assignment might be changed if a more suitable car is found. D. Moderate Up and Moderate Down Traffic programs: When incoming traffic at the lobby floor increases as indicated by two cars leaving the lobby in the up direction, filled to capacity with a pre‐determined adjustable time period, cars assigned to upper zones shall be called to the lobby without waiting for a lobby call. Calls shall be automatically dispatched from the lobby when they become loaded nearly to capacity or, if not loaded to capacity, on a variable time interval calculated on the basis of the number of cars at the lobby and other data representative of traffic in the system. The cars shall continue to operate in this manner until the lobby traffic has been reduced to a predetermined level. When down calls above the lobby increases to a predetermined level, assignment of a car to the lobby ceases and the lobby car shall travel up to assist the other cars. Cars arriving at the lobby, after discharging passenger shall be dispatched upward. The cars shall continue to operate in this manner until the down traffic has been reduced to a pre‐determined level. E. Anticipated Exit Device: To prepare the system for heavy outgoing traffic, operation shall be such that upon arrival at the lobby of any car, loaded more than a pre‐determined capacity during a regularly anticipated exit period, assignment of a car to the lobby ceases and the lobby car shall travel up to assist the other cars. Cars arriving at the lobby, after discharging DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 13 E16422| City Hall Elevator Refurbish 01‐15‐21 passengers, shall be dispatched upward. The cars shall continue to operate in this manner until the end of the regularly anticipated exit period. F. Car to Lobby Operation: Provide a key operated switch in the designated level Lobby Panel which, when actuated, shall cause the corresponding elevator to make a trip to the designated landing as soon as the car is available for response to the special call. G. Load Weighing Dispatching: A load weighing device shall be provided which shall dispatch the cars away from the main lobby floor when the load in the car reaches a pre‐determined capacity. The load dispatch weight shall be adjustable. H. Load Weighing Bypass: A load weighing device shall be provided which shall be set to operate at a pre‐determined percentage of the load in the car. The car shall bypass hall calls when this device is actuated. The bypass load weight shall be adjustable and separate from the load weighing dispatch weight. I. Anti‐nuisance: A system shall be provided so that when the number of car calls is greatly disproportionate with the weight of the car all car calls shall be canceled without making any stops. The ratio of calls to weight shall be adjustable. J. Car Button Independent Service all Elevators (Passenger and Service elevators): A key switch shall be provided in the car service cabinet which, when actuated, shall disconnect the elevator from the hall buttons, and permit operation from the car buttons only. Car doors shall be closed by pressing the door close button. K. Car Reversal Operation (Passenger and Service elevators): A car without registered car call arriving at a floor where both up and down hall calls are registered shall initially respond to the hall call in the direction that the car was traveling. If no car call or hall call is registered for further travel in that direction, the car shall close its doors and immediately reopen them in response to the hall call in the opposite direction. L. Car Delay Operation: If, for any reason, the doors are prevented from closing and the car is unable to respond to a call, the calls shall be transferred to another car. 2.12 GENERAL OPERATIONS AND CONTROL A. Control of the elevator shall be automatic in operation by means of pushbuttons in the car numbered to correspond to floors served, for registering car stops and by up/down push buttons at each intermediate landing and call pushbuttons at terminal landings. B. The momentary pressing of one or more buttons shall dispatch the car to designated landings in the order in which the landings are reached by the car, irrespective of the sequence in which buttons are pressed. C. Each landing call shall be canceled when answered. D. When the car is traveling in the up direction, it shall stop at all floors for which car buttons or up hall buttons have been pressed. It shall not stop at floors where down buttons only have DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 14 E16422| City Hall Elevator Refurbish 01‐15‐21 been pressed unless the stop for the floor has been registered by a car button, or unless the down call is at the highest floor for which any buttons have been pressed. E. The pressing of an up button when the car is traveling in the down direction shall not interrupt the travel unless the stop for that floor has been registered by a car button, or unless the up call is the lowest for which any button has been pressed. F. When the car has responded to high or lowest stop, and stops are registered for the opposite direction, its travel shall reverse automatically and it shall then clear the calls registered for that direction. G. Should both up and down call be registered at an intermediate floor, only the call corresponding to the direction in which the car is traveling shall be canceled upon the stopping of the car at the landing. H. An adjustable time delay shall be provided so that after the car has stopped in response to a hall button, the entering passenger may register his car button before the car will reverse to answer calls in opposite direction. I. The buttons in the car and hall stations shall be of the light‐up type and shall indicate that a call has been registered for that landing. 2.13 AUXILIARY OPERATION AND CONTROLS A. General: In addition to primary control system features, provide the following controls or operational features for the passenger and service elevators, except where otherwise indicated. B. Firefighter’s Emergency Operation – Phase I: The activation of a key switch at the designated level hall station or smoke initiating device, shall return all cars in the group express to the designated floor and by‐pass all car and hall calls. The cars shall park at the designated floor with the doors open and will not respond to car or hall calls unless the Phase II switch in the car is activated. This system shall be in conformance with the current ASME Code A17.1, Section 2.27.3.1. C. Firefighter’s Emergency Operation – Phase II: In‐car control of each elevator during the emergency operation, by means of a 3 position key switch in each car shall be provided. Operation shall be per ASME A17.1, 2.27.3.3 D. Emergency Power Operation: 1. Provide Emergency Power software for each elevator to be interfaced to the Emergency Generator and ATS for the 3 Passenger Elevators and Service Elevator. Items 2 thru 5 provide a general description of the EP power characteristics. 2. The Contractor’s system shall automatically run one pre‐selected elevator per group down to the designated floor at full speed where it shall park with doors open. The system shall then consecutively select elevators until cars are parked at the lobby floor. The assignment shall then be passed back to a pre‐designated car. If any fail to run, the selection shall be passed on to the next car. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 15 E16422| City Hall Elevator Refurbish 01‐15‐21 3. The system shall include a manual override for the use of Firemen or other authorized emergency personnel. The Contractor’s system shall include manual interlocking pushbutton switches. There shall be one switch for each elevator for manual control; one automatic operation and on off position. The switches shall be located in the Life Safety Panel [future]. 4. The Contractor shall furnish and install the necessary equipment and wiring from the respective elevator controllers to the switches in the Life Safety Panel. 5. The group elevator controllers shall receive signals from the generator control sequence panels before transferring from normal to emergency power, and when the power transfers from emergency to normal. E. Emergency Lighting and alarm Bell (Power to Car): Remote emergency alarm bell, located where directed, so it can be heard outside the hoistway to be arranged to sound automatically in response to activation of alarm button. F. Emergency lighting and Alarm Bell (No Electrical Power to Car): Car mounted 6 volt battery unit including solid state charger and testing means enclosed in common metal container rechargeable lead acid or nickel cadmium battery with 10 year minimum life expectancy. When normal power to the car fails the system shall automatically provide power to the car emergency light and to the alarm bell circuit. 2.14 GUIDE RAILS A. Car and counterweight guide rails, brackets and bracket spacing shall conform to ASME A17.1 Code requirements. If additional supports are required to meet Code requirements, this work shall be the responsibility of the Contractor. B. Correct any bad joints for smooth ride; check for fastenings to structure; re tighten as required. C. If any defects to the building structure are discovered, it is the Contractors responsibility to report defects immediately to the Owner or Owner’s Agent. 2.15 PIT SWITCH A. Provide Code required pit stop switches. Locate to be accessible from the pit ladder; provide pit switches for walk in pit spaces. B. All switches shall be new. 2.16 ROPES A. Suspension ropes and their connections shall conform to ASME A17.1. B. Provide new suspension means for each Elevator. 2.17 ELEVATOR COUNTERWEIGHTS DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 16 E16422| City Hall Elevator Refurbish 01‐15‐21 A. A counterweight shall be equal in weight to approximately the weight of the car plus a minimum of 40 percent of the rated load. B. Counterweight filler and counterweight frame may be reused in place. Complete assembly must be rust free and placed in like new condition including roller guide type assembly. C. Provide counterweight guard(s); if existing are retained clean and apply 2 coats of flat black paint. Submit paint color and specifications for approval. 2.18 CAR AND COUNTERWEIGHT BUFFERS A. Suitable oil buffers with necessary blocking and extensions shall be provided under the elevator car and counterweight. B. Retain and reuse buffer assembly; completely clean assembly including pit channels, drain, flush and refill buffer(s) with manufactured recommended fluid. Test in accordance with code requirements. 2.19 OVERHEAD SWITCHES A. As required, provide new. 2.20 HOISTWAY DOOR INTERLOCK A. Each elevator hoistway door shall be equipped with a unit system hoistway door interlock. The interlock shall prevent the operation of the elevator driving machine by the normal operating device unless the hoistway is locked in the closed position. The interlock shall also prevent the opening of the hoistway door from the landing side unless the car is either stopped or being stopped. Provide new interlock assembly for each elevator. B. Provide Code approved door restrictors. 2.21 HOISTWAY DOOR UNLOCKING DEVICES A. Unlocking devices shall be provided at all floors. Escutcheons shall be provided in all openings; finish of escutcheons shall be metal and match door finish. 2.22 ELEVATOR COMPENSATION A. If required, provide compensation chain to maintain proper balance. 2.23 ELECTRICAL WIRING A. Electrical wiring shall comply with the ASME and National Electrical Codes and all applicable local codes. New wiring shall be included for all devices installed. 1. Furnish and install complete insulated wiring to connect all parts of the equipment. Properly ground all components as required by National Electric Code. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 17 E16422| City Hall Elevator Refurbish 01‐15‐21 2. Insulated wiring shall have a flame retarding and moisture resisting outer cover and shall be run in a metal conduit, metallic tubing, or wire ducts. (Existing conduit, tubing or duct may be re‐used if in satisfactory condition and suits job conditions.) 3. Provide 6 percent spare wires between each controller, leveling device, hoistway junction box, and control panel, also, provide 6 percent spare conductors in each trail cable; all spares shall be properly tagged or otherwise identified with clear and indelible markings. 4. Tag code all field wiring at junction points; control wiring in traveling cables at their terminals in the machine room: elevator car junction box and connections within the car. Test entire wiring system for insulation to ground. 5. Provide total of ten twisted/shielded pairs for security and other uses in the traveling cables for the elevator. The shielded pairs shall be located in a cable which is not used to carry alternating current circuits. The shielded wiring shall extend to junction box in the elevator machine room. Provide 1 coaxial cable RG6/U suitable for CCTV. 6. Existing feeders: If Contractor requires any change in electrical service, Contractor must contact Owner or Owner’s Agent at least ten days prior to bid date. A pre‐bid meeting will be held at City Hall to provide contractor the opportunity to survey this equipment prior to bidding. Any changes shall be submitted in writing as stated above. Any changes required after bids are taken shall be at the Contractors expense. 2.24 TOP OF CAR OPERATING DEVICE A. Each elevator shall be provided with an operation device mounted from or on the car crosshead which will permit slow (150 fpm or less) operation for purposes of adjustment, inspection, maintenance, and repair. A transfer switch shall be provided in the top of the car operating device fixture which will permit the disconnection of hoistway switch or switches and render the top of car operating device operative. The operating device shall be mounted in a metal box and shall be rigidly secured in a position conveniently accessible to workmen on top of the car. 2.25 CAR TOP LIGHTS A. Electric light with wire guard and GFI convenience outlet fixture on car top which shall meet the requirements of ASME A17.1, Rule 2.14.7. 2.26 DOOR OPERATOR A. A heavy duty, AC door operator (MOVFR) capable of opening door at not less than 1½” fps and accomplishing reversal in 2½” maximum door movement. Doors shall open automatically when car arrives at floor to permit transfer of passengers; after timed interval door shall automatically close. Arrange operator so doors can be opened by hand from inside car in case of power failure, if car is within leveling zone. B. Door operation shall be closed loop system which gives constant feedback of the position and velocity of the elevator doors. System shall automatically overcome door resistance by increasing the power supply to the motor and increasing the torque required to maintain velocity. If a service tool is needed to make digital adjustments, provide the owner with the service tool and all required manuals, software etc. Service tool must have a minimum of 48 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 18 E16422| City Hall Elevator Refurbish 01‐15‐21 months warranty; replacement tool shall be provided to Owner at no additional cost should original tool fail to work as specified. C. Furnish and install all new door related equipment including but not limited to clutch assembly and pick up roller assembly. 2.27 DOOR OPENING AND DOOR CONTROL DEVICE A. Provide new proximity type door protection. B. Door open timing feature. 1. Operate in conjunction with proximity devices to provide adjustable, reduced, hold open time once beams are broken and re‐established. 2. When doors are held open beyond an adjustable time, buzzer sounds and doors shall close at reduced speed. 3. There shall be a difference in door hold open times between car and hall calls. Door speed, thrust and kinetic energy shall comply with the ASME A17.1 Code. Door hold open times shall comply with “Handicapped Requirements”. 2.28 FINAL LIMIT SWITCHES A. In addition to the normal limit switches, a hoistway final limit switch shall be installed at the top and at the bottom of each hoistway. (Existing may be reused or replaced at contractor’s option.) B. Final limit switches shall be so located that they open at or about the time the buffer is engaged by the time the buffer is engaged by the car or counterweight. (Existing may be retained) 2.29 CAR FRAME AND SAFETY A. Car frame shall be reused. Remove any rust or peeling paint spots and paint with two (2) coats of rust inhibitive paint. Car safety per ASME A17.1 Section 2.17. B. Provide paint specifications and color for approval. 2.30 PLATFORM A. Retain existing. Replace platform isolation if required to maintain load weighing and anti‐ nuisance performance requirements. B. Check all structural platform supports for attachment to underside of platform; all loose supports shall be securely reset with machine screws or other approved method. 2.31 ROLLER GUIDES A. Retain and reuse spring loaded assembly at top and bottom for the car. Provide new nominal 8” roller wheels for elevator car. Adjust to guide rails for smooth ride characteristics. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 19 E16422| City Hall Elevator Refurbish 01‐15‐21 B. Retain counterweight roller guide assembly; provide new 4” roller wheels at top and bottom of assembly. 2.32 CAR DOOR HANGERS AND TRACKS A. Hang doors on sheave type hangers with polyurethane that roll on a polished steel track and guided at the bottom by non metallic shoes sliding in a smooth threshold groove. 2.33 CAR DOOR ELECTRICAL CONTACT A. Shall operate in conjunction with car door so elevator cannot operate unless doors are closed or within the tolerance allowed by Code; provide new contact(s) for each car door assembly. 2.34 HOISTWAY ENTRANCES A. Frames: Reuse existing in place at all Floors. B. Hoistway door panels: Retain and reuse. C. Replace all damaged sight guards and door astragals as determined at time of onsite survey; the count shall be noted in the proposal response. D. Sills: Reuse existing and clean/polish from end to end. E. Hanger Supports: Reuse existing. F. Fascia Plates: Reuse existing; clean and re‐paint with approved paint selection. G. Closers: Provide new; adjust tension as required for peak door operation and performance. H. Door Hangers and Tracks: Retain and recondition to a like new condition. Sheave and rollers shall be of steel with sealed ball bearings and there shall be adjustable ball bearings rollers to take up thrust of doors. Tracks shall be cold drawn or cold rolled steel of smooth surface and working section and shall be oiled with wick type lubrication. I. Hanger Cover Plates: Replace any damaged or missing hanger cover plates. 2.35 CAR ENCLOSURE A. Passenger elevator cab shell(s) shall be retained. Interior finish modifications to cab interiors as indicated in the Project Documents prepared by the Architect, reference specification section 14 27 13 Custom Elevator Cab Finishes. B. Furnish and install new car doors and car door transom for each elevator; finish shall be stainless steel No. 4, vertical grain. Submit sample for approval. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 20 E16422| City Hall Elevator Refurbish 01‐15‐21 C. Furnish and install new front swing return panels for each elevator cab; front return finish shall be stainless steel No. 4, vertical grain and shall match the new car doors and transom for texture, finish and color. D. Provide one set of protection pads for Service Elevator #4; pads covering shall include all walls and front returns. 2.36 CAR DOORS A. The car door system shall be designed so that the car doors may not be opened more than 4” from the inside of the car if the car is outside the unlocking zone of a landing. 2.37 EMERGENCY EXITS A. All cars shall have ceiling emergency exits complying with ASME A17.1. 2.38 HALL BUTTON FIXTURES A. Replace all hall pushbutton stations at the designated landing and all typical floors. Contractor may reuse typical floor hall pushbutton boxes if compatible with new internal parts and new faceplates. Install new LED bright white pushbuttons equal to Innovation Industries PB‐29 Prestige series for the Passenger Elevators and tamper resistant for the Service Elevator equal to the Innovation Bruiser series. Submit sample for approval. B. Replace all push button cover plates with a new stainless steel cover plate with tamper resistant fastener(s). Cover plate to match existing plate size at all typical floors. C. Hoistway side of all signal fixture boxes shall comply with fire rating of hoistway per ASME A17.1. Necessary cutting and patching shall be completed by the Contractor. D. The Level 1 designated hall station shall all A17.1 Code required features including but not limited to emergency power indication, Phase I Fire Service recall key switch, Fire Hat and engraved Phase I Instructions as required by ASME A17.1, Section 2.27; single faceplate. Provide a key switch for Cat to Lobby service for each passenger elevator. 2.39 HALL LANTERN FIXTURES A. Retain existing hall lantern box’s at all floors; replace internal parts to include a field adjustable electronic chime. The lanterns, when illuminated, shall indicate the elevator car which shall stop at the landing and in what direction the car is set to travel. When the car reaches a predetermined distance from the floor where it is going to stop, the corresponding hall lantern shall illuminate and shall sound once for up and twice for down. The hall lantern shall remain illuminated until the car doors close in preparation for leaving the floor. B. Hall lantern audible sound and visual illumination shall be consistent at all landings for each elevator. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 21 E16422| City Hall Elevator Refurbish 01‐15‐21 C. Provide a new hall lantern lens for each typical floor hall lantern with a triangle lens and new stainless steel faceplates equal to Innovation Industries. The up direction lens shall be filtered green and the down direction lens shall be filtered white. Provide new tamper resistant fasteners for all faceplates. D. Retain the combination hall position indicator/lantern box for Level 1 for each elevator. Furnish and install a new digital position indicator with a direction arrow and lanterns equal to Innovation Industries. E. Provide new LED bright white bulbs for each hall lantern and HPI. 2.40 CAR POSITION INDICATOR A. Provide new digital LED type in each COP with 2” high characters including direction arrows. B. Provide voice annunciation with standard floor announcement and emergency messages. Elevator submittal shall include all annunciation information with available options. The volume shall be easily field adjustable without special tools. 2.41 CAR OPERATING PANELS A. Provide new car stations in the same quantity as existing for Elevators #1‐3 per elevator mounted in the new front return(s). Service Elevator #4 shall have 1 car operating panel mounted in the new front return panel. The car operating panels shall include the following: 1. Self‐illuminating floor registration without markings on buttons. Provide illuminated halo style button equal to Innovation Industries PB‐29 Prestige series for #1‐3. For #4 provide the Bruiser Series tamper resistant type. Include alarm and door control buttons. 2. Firefighter’s key switch, pilot light, call cancel, buzzer and engraved instructions per ASME A17.1 in locked cabinet. 3. Jack for Firefighter’s headset connected to shielded pair terminated at each machine room. 4. All buttons shall be designated by raised markings with Braille, applied with concealed fasteners to meet ADA/TAS requirements. Stick on markings are not acceptable. 5. Engraved elevator number and elevator capacity on faceplate or return panel. 6. Lockable service cabinet containing controls for car stop switch, fan switch, car light switch, light rheostat, independent service, inspection service, emergency light test device and 110 volt convenience outlet. 7. Faceplates and return panels shall have stainless steel to match existing finish. 8. Locate to meet ADA/TAS requirements. 9. Emergency communication device surface mounted behind front return panel. 10. Logos or manufacturer’s name are not permitted on exposed surfaces. 2.42 COMMUNICATIONS SYSTEMS A. Provide for each elevator an emergency hands free phone meeting current ADA/TAS and ASME codes for elevators. All wiring shall be in accordance to the manufacturer’s DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 22 E16422| City Hall Elevator Refurbish 01‐15‐21 recommended specifications, including but not limited to shielding and filtering to prevent external interference. B. The emergency communication system shall be mounted behind the main car‐operating panel which will carry all of the appropriate engraving and ADA/TAS characters. C. The phone shall operate under any or all of the following conditions: 1. CO or POTS line, voltage 11 – 52 VDC, up to six phones on a single line. 2. Ring‐down line, voltage 11 – 52 VDC. 3. PBX system with Standard dial tone and CPC signal enabled. 4. If powered by AC power, the phone shall have battery backup in order to maintain service for at least 4 hours as specified by code. D. Phone shall be capable of off site, on site and remote programming using touch‐tone phone or a built‐in keypad. The program shall be stored in non‐volatile memory. Programming instructions shall be interactive voice prompting with settings being able to be recalled for confirmation. Any special tools required shall be supplied with each phone. If required, auxiliary power shall be either 12VAC, or 6 or 12VDC. E. The phone shall be capable of the following functions: 1. After the button labeled “Push to Call” is depressed, an LED shall be provided to show the unit has been activated. 2. Upon the activating button being pressed, the phone will automatically dial up to 5 different phone numbers or extensions, up to 20 digits long each, continually switching to the nest number based on a user programmed ring count (no answer) or busy signal. 3. Upon connection with emergency personnel, a voice activated, user programmable message will play announcing the location of the emergency after which 2‐way communication will immediately commence. Emergency personnel can repeat this message as necessary. A second message can be activated by the called party for more information or used for another language. 4. The phone shall be capable of two way communication designed to minimize feedback and equipped with a speaker volume control. 5. The phone shall be equipped with an LED that will flash upon command from emergence personnel to inform passengers that help is on the way as noted on the faceplate. 6. The unit will automatically shut off when it detects a CPC or “wink” signal, or after a user programmed time period. In addition, the phone shall be capable of being manually shut off by the called party by pressing the star (*) and pound (#) sign. 7. The phone(s) must be individually, or as a group, be capable of automatically answering a call without additional equipment when installed on a single phone line. F. Emergency communication system shall comply with Federal Communication Commission (FCC) regulations and Americans with Disabilities Act (ADA). G. When the party called by someone in the cab hangs up, the telephone shall disconnect immediately without giving a busy signal in the cab. H. The Contractor shall meet all requirements of ASME A17.1, Section 2.27.1.1. DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 23 E16422| City Hall Elevator Refurbish 01‐15‐21 I. The in‐cab communication device shall be non‐proprietary and easily re programmable. 2.44 SMOKE SENSOR TIE‐IN A. It is the intent of these Specifications for the new elevator control system to interface with existing building smoke initiating devices, including alternate level refuge and ASME A17.1 requirements. Reuse auxiliary contacts from the smoke sensors in the elevator machine room and hoistway and connect to elevator control system; test for proper operation. B. Contractor shall review existing wiring and contacts for compatibility to new elevator controller. If changes are required report and document to Owner or Owner’s agent. If this information is not provided, Contractor is solely responsible for all required changes and or modifications to smoke detection system. 2.45 SECURITY INTERFACE FOR ELEVATORS WITH CARDREADERS A. Contractor shall provide cut‐out in one car operating panel with a tinted non‐scratch glass window and space behind within each elevator that requires a security cardholder. The security contractor shall furnish the card reader to the Contractor for mounting. The Contractor shall provide all required mounting accessories and shall mount the card reader within the elevator cab. Brackets to hold the card reader in place shall be durable and non‐ metallic. The Owner’s Agent shall pre select the card reader contractor and shall assign the proposal to the Contractor for scheduling, coordination and testing of the completed installation for proper operation. B. The Contractor shall terminate the traveling cable within the elevator cab to the mounted card reader. The Contractor shall provide and mount glass panel to cover the mounted card reader. Mount the card reader so the glass panel is flush to the front of the mounted card reader. C. The Contractor shall terminate the traveling cable within the elevator machine room to the security remote field panel. D. The Contractor shall provide an interface panel within the elevator machine room. This panel shall contain 2 terminal strips. The Contractor shall label the terminal strips with the required connections from the elevator controller. The Contractor shall wire from the elevator controller to these terminal strips. Contractor to coordinate the security installation, or if provided, coordinate with the owners security contractor, to provide all required connections and compatible low voltage contact closures from the elevator controller to this terminal strip to allow the following operations: 1. Signal from the security system to initiate elevator control by the card reader. 2. On card reader mode: The security system shall indicate to the elevator controller which floors are selectable by the cardholder within that elevator. The elevator controller shall enable those floor selection buttons only. When a floor is selected, the elevator controller should disable all DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 24 E16422| City Hall Elevator Refurbish 01‐15‐21 other floors from being selected and signal the security system that a selection has been made. 3. Signal from the security system to remove the elevator from under card reader control to normal operation. 4. Provide a manual means within the card reader system in the elevator machine room(s) to manually disengage card reader interface for each elevator should the card access system fail to function as required. PART 3 – EXECUTION 3.01 SCOPE A. Installation shall meet all of the standard requirements of paragraph 1.03 for installation and inspection, tolerances, and qualifications. All work required for completion of a first‐class installation is the responsibility of the Contractor, even if not included in this specification. B. Performance of the elevator shall meet requirements of Paragraph 2.03. 3.02 PAINTING A. All elevator equipment not painted, wire duct, miscellaneous iron and steel work located within the machine room or hoistway, shall be given a finish coat of paint. Material that has factory finish paint, shall have all scratches or mars painted after installation. B. Finish coat shall have hard, tough semi‐gloss surface. C. Completely clean and repaint pit channels for Elevators 1‐3 & #4; at Contractors option, provide new pit channels. D. Paint each machine room floor with an approved paint type and color. Finish coat to have hard, tough semi‐gloss surface. Submit paint color and specifications for approval. 3.03 CLEAN UP A. Remove daily, all trash from hoistways, pits, and machine rooms including all packing material and debris resulting from this work. Leave all elevator spaces broom clean. B. Contractor is responsible for removing all existing elevator components that are specified to be replaced or that Contractor is not retaining as part of these specifications. Components to be completely removed from the premises. 3.04 ACCEPTANCE TESTING DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 25 E16422| City Hall Elevator Refurbish 01‐15‐21 A. Tests shall be performed by the Contractor at his expense in the presence of the Owner’s representative. The elevators shall be subjected to the following acceptance inspection and tests: 1. Inspection and tests required by applicable portions of Requirements, 1.03. 2. Inspection and tests required by Federal, State, and Local codes and ordinances. Inspection Reports must be free of all violations prior to turning elevator equipment over to Owner or Owner’s representative. 3. Test safety circuit, loop circuit, and the drive circuits at 500 volts. Minimum resistance to ground shall be one megohm. 4. General riding quality, leveling accuracy and quietness of operation shall be acceptable to the Owner’s representative. 3.05 USE OF ELEVATORS A. This project requires that a minimum of two elevators remain in service, for use by the public and building staff, during normal business hours. Contractor will be required to coordinate with the owner prior to construction to establish a schedule for maintaining this requirement. 1. Elevators in service and used for construction purposes: a. The Elevator Maintenance Contractor shall provide a temporary acceptance form for the user to sign b. Neither the new installation period, nor the guarantee, shall start at this time unless specifically approved in writing by the Owner. c. The user/contractor shall provide, if job conditions require, all temporary enclosures, guards or other projection of the hoistway openings, power, signal devices, car lights, protection of any elevator entrances, cars, fixtures, and any other equipment that is installed. d. The user/contractor shall return the elevators in the same condition they were in when placed on temporary service and shall pay the Elevator Maintenance Contractor for repairs or clean up. e. The user shall allow the Elevator Maintenance Contractor (if separate from construction contract) to perform routine maintenance or repairs during this time. f. The cost of temporary service shall be between the Elevator Maintenance Contractor and the user. 2. Maintenance of elevators during and after alterations: a. The Owner shall have the prerogative of continuing the Interim Service Agreement on elevators that remain in service at the start of construction with their existing Elevator Maintenance Contractor. b. The guarantee period, and contractors new service agreement will start at the termination of the interim service period for existing Elevators when alterations begin. c. The cost of interim service shall not exceed the prorated cost of the monthly maintenance bid required by these specifications. d. Contractor is responsible for maintenance of the elevator(s) at the start of alterations and through the remainder of their contract period until all four elevators have passed final inspection. This includes the period after elevator(s) are considered substantially DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Electric Traction Elevator Alteration 14 41 00 ‐ 26 E16422| City Hall Elevator Refurbish 01‐15‐21 complete and turned over for use by owner. The terms and conditions of the interim maintenance agreement shall be consistent with the Owner’s maintenance agreement already in place. B. A pro rata credit shall be provided, if selected contractor is same as existing maintenance contractor, as the elevators are removed from service for alteration. 3.06 ACCEPTANCE A. Final acceptance of the installation shall be made only after all field inspections and tests are complete, punch list items are complete, all Owner’s information items listed in 1.02.C have been furnished, and the Owner’s representative is satisfied that the installation has been satisfactorily completed. END OF SECTION 14 41 00 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF List of Drawings 00 01 15 ‐ 1 E16422| City Hall Elevator Refurbish 01‐15‐21 00 01 15 List of Drawings Sheet Number Title A0.1 TITLE, INDEX AND LOCATION MAP A0.2 ACCESSIBILITY NOTES AND DETAILS A2.1 FLOOR PLANS AND DETAILS A2.2 ENLARGED PLANS AND ELEVATIONS END OF SECTION DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF CITY HALL ELEVATOR REFURBISHPROJECT # E16422 DYKEMA ARCHITECTS, INC.D Y K E M A A R C H I T E C T S ,I N C . 800 N. SHORELINE BLVD. #400N. CORPUS CHRISTI, TEXAS 78401361-882-8171800 N. SHORELINE BLVD. Suite #400N.CORPUS CHRISTI, TX 78401 REBIDFINAL CONFORMED SETDocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF 80" MIN 0'-4"MAX> 27"Figure 307.2TAS SECTION 402 - ACCESSIBLE ROUTESA. Accessible routes shall consist of one or more of the following components: walking surfaces with a running slope notsteeper than 1:20, doorways, ramps, curb ramps excluding the flared sides, elevators, and platform lifts.TAS SECTION 403 - WALKING SURFACESA. All surfaces shall comply with 302. Changes in level shall comply with 303.B. The running slope shall not be steeper than 1:20. The cross slope of the walking surfaces shall not be steeper than 1:48.C. The clear width of walking surfaces shall be 36" minimum. 1. The clear width shall be permitted to be reduced to 32" minimum for a length of 24" maximum provided thatreduced width segments are separated by segments that are 48" long minimum and 36" wide minimum.D. Where the accessible route makes a 180° turn around an element less than 48" wide, the clear width shall be 42"minimum approaching the turn, 48" minimum at the turn and 42" minimum leaving the turn.E. Where the accessible route makes a 180° turn around an element less than 48" wide and the clearwidth at the end ofthe turn is 60" minimum, the clear width may be 36" approaching and leaving the turn.F. An accessible route with a clear width less than 60" shall provide passing spaces at intervals of 200' maximum. Passingspaces shall either be 60"x60" or comply with 304.3.2 where the base and arms of the T-shaped space extend 48" minimumbeyond the intersection.TAS SECTION 404 - DOORS, DOORWAYS, AND GATESA. Doorways shall provide a clear opening of 32" minimum, with the door open 90°. (Fig. 404.2.3) 1. Clear opening shall be measured between the face of the door and opposite stop. 2. Openings more than 24" in depth shall provide a clear opening of 36" minimum. 3. There shall be no projections into the required clear opening width lower than 34" above the finish floor or ground. Projections into the clear opening width between 34"-80" AFF shall not exceed 4".CHAPTER 4: ACCESSIBLE ROUTESCHAPTER 3: BUILDING BLOCKSCHAPTER 2: SCOPING REQUIREMENTSCHAPTER 1: APPLICATION AND ADMINISTRATIONTAS SECTION 201.1 - SCOPEA. All areas of newly designed and newly constructed buildings and facilities an altered portions of existing buildings andfacilities shall comply with these requirements.TAS SECTION 202 - EXISTING BUILDINGS AND FACILITIESA. Each addition to an existing building or facility shall comply with the requirements for new construction. Each additionthat affects or could effect the usability of or access to an area containing a primary function shall comply with 202.4B. Where existing elements, spaces, or common use areas are altered, each altered element, space, or common usearea shall comply with the applicable requirements of Chapter 2.C. An alteration that decreases the accessibility of a building or facility below the requirements for new construction at thetime of the alteration is prohibited.D. An alteration of an existing element, space, or area of a building or facility shall not impose a requirement foraccessibility greater than required for new construction.E. Alterations that affect the usability or access to an area containing a primary function shall be made so as to ensureusage by individuals with disabilities.TAS SECTION 204 - PROTRUDING OBJECTSA. Within areas of accessible elements, accessible routes, and in accessible room and spaces shall comply with 309.B. Within areas of sports activity, protruding objects on circulation paths shall not be required to comply with 307.B. Within play areas, protruding objects on circulation paths shall not be required to comply with 307 provided that groundlevel accessible routes provide vertical clearance in compliance with 1008.2.TAS SECTION 205 - OPERABLE PARTSA. Operable parts on accessible elements, accessible routes, and in accessible rooms and spaces shall comply w/309.B. Operable parts intended for use only by service or maintenance personnel shall not be required to comply with 309.C. Electrical or communication receptacles serving a dedicated use shall not be required to comply with 309.TAS SECTION 206 - ACCESSIBLE ROUTESA. At least one accessible route shall be provided within the site from accessible parking spaces and accessiblepassenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building orfacility entrance they serve.B. At least one accessible route shall connect accessible buildings, accessible facilities, accessible elements, andaccessible spaces that are on the same site.C. At least one accessible route shall connect each story and mezzanine in multi-story buildings and facilities.D. In restaurants and cafeterias, an accessible route shall be provided to all dining areas, including raised or sunkendining areas, and outdoor dining areas.E. Where a circulation path directly connects a performance area to an assembly area, an accessible route shall directlyconnect the assembly seating area with the performance area. An accessible route shall be provided from performanceareas to ancillary areas or facilities used by performers.TAS SECTION 207 - ACCESSIBLE MEANS OF EGRESSA. Means of egress shall comply with section 1003.2.13 of the International Building Code (2000 edition and 2001Supplement) or section 1007 of the International Building Code (2003 edition.)B. Standby power shall be provided for platform lifts permitted by section 1003.2.13.4 of the International Building Code(2000 edition and 2001 supplement) or section 1007.5 of the International Building Code (2003 edition) to serve as a partof an accessible means of egress.TAS SECTION 104 - CONVENTIONSA. All dimensions are subject to conventional industry tolerances except where the requirementis stated as a range with specific minimum and maximum points.B. Unless specifically stated otherwise, figures are provided for informational purposes only.TAS SECTION 302 - FLOOR OR GROUND SURFACESA. Floor and ground surfaces shall be stable, firm, and slip resistant.B. Carpet or carpet tile shall be securely attached and shall have a firm cushion, pad, or backing or no cushionor pad. Carpet or carpet tile shall have a level loop, textured loop, level cut pile, or level cut/uncut pile texture.Pile height shall be 1/2" maximum. Exposed edges of carpet shall be fastened to floor surfaces and shall havetrim on the entire length of the exposed edge.C. Openings in floor or ground surfaces shall not allow passage of a sphere more than 1/2" diameter exceptas allowed in 407.4.3, 409.4.3., 410.4, 810.5.3. and 810.10. Elongated openings shall be placed so that thelong dimension is perpendicular to the dominant direction of travel.Protruding objects shall notreduce the clear widthrequired for accessibleroutes.TAS SECTION 308 - REACH RANGESA. Refer to "Age Based dimensional information" table for children's reach ranges.TAS SECTION 308.2 - FORWARD REACHA. Where a forward reach is unobstructed, the high forward reach shall be 48" maximum and the low forwardreach shall be 15" minimum above the finish floor or ground. (Fig. 308.2.1)B. Where a high forward reach is over an obstruction, the clear floor space shall extend beneath the elementfor a distance not less than the required reach depth over the obstruction. The high forward reach shall be 48"maximum where the reach depth is 20" maximum. Where the reach depth exceeds 20", the high forwardreach shall be 44" maximum and the reach depth shall be 25" maximum. (Fig. 308.2.2)TAS SECTION 308.3 - SIDE REACHA. Where a clear floor or ground space allows a parallel approach to an element and the side reach isunobstructed, the high side reach shall be 48" maximum and the low side reach shall be 15" minimum abovethe finish floor or ground. (Fig. 308.2.1) 1. An obstruction shall be permitted between the clear floor or ground space and the element where the depth of the obstruction is 10" maximum.B. Where a clear floor or ground space allows a parallel approach to an element and the high side reach isover an obstruction, the height of the obstruction shall be 34" maximum and the depth of the obstruction shallbe 24" maximum. The high side reach shall be 48" maximum for a reach depth of 10" maximum. Where thereach depth exceeds 10", the high side reach shall be 46" max. for a reach depth of 24" max. (Fig. 308.2.3) 1. The top of washing machines and clothes dryers shall be permitted to be 36" maximum above the finish floor.TAS SECTION 309 - OPERABLE PARTSA. A clear floor space complying with 305shall be provided.B. Operable parts shall be placed within oneor more of the reach ranges specified in 308.C. Operable parts shall be operable with onehand and shall not require tight grasping,pinching, or twisting of the wrist. The forcerequired to activate operable parts shall be 5pounds maximum.Figure 308.2.2Figure 308.2.115" MIN 48" MAX0'-10"MAX20" MAX48" MAX 20"-25" MAX44" MAXTAS SECTION 306 - KNEE AND TOE CLEARANCEA. Where space beneath an element is included as part of clear floor or ground space or turning space, thespace shall comply with 306. Additional space shall not be prohibited beneath an element but shall not beconsidered as part of the clear floor or ground space or turning space.TAS SECTION 306.2 - TOE CLEARANCEA. Space under an element between the finish floor or ground and 9" above the finish floor or ground shall beconsidered toe clearance.B. Toe clearance shall extend 25" maximum under an elementC. Where toe clearance is required at an element as part of a clear floor space, the toe clearance shall extend17" minimum under the element. D. Space extending greater than 6" beyond the available knee clearance at 9" above the finish floor or groundshall not be considered toe clearance.E. Toe Clearance shall be 30" wide minimum.TAS SECTION 306.3 - KNEE CLEARANCEA. Space under an element 9"-27" above the finish floor shall be considered knee clearance.B. Knee clearance shall extend 25" maximum under an element at 9" above the finish floor.C. Where knee clearance is required under an element as part of a clear floor space, the knee clearance shallbe 11" deep min. at 9" above the finish floor or ground, and 8" deep min. at 27" above finish floor or ground.D. Between 9"-27" above the finish floor or ground, the knee clearance shall be permitted to reduce at a rateof 1" in depth for each 6" in height.E. Knee clearance shall be 30" wide minimum.TAS SECTION 307 - PROTRUDING OBJECTSA. Objects projecting from walls with leading edges more than 27" and not more than 80" above the finish floorshall protrude no more than 4" horizontally into the circulation path.B. Free-standing objects mounted on posts or pylons shall overhang circulation paths 12" max when located27"-80" above the finish floor or ground. Where a sign or other obstruction is mounted between posts orpylons and the clear distance between the posts or pylons is greater than 12", the lowest edge of such sign orobstruction shall be 27"-80" above the finish floor.C. Vertical clearance shall be 80" high minimum. Guardrails or other barriers shall be provided where thevertical clearance is less than 80" high. The leading edge of such guardrail or barriershall be located 27"maximum above the finish floor.48" MIN30" MIN36" MINx > 24"60" MINx > 15"Figure 305.5Figure 305.7.1Figure 305.7.230" MIN48" MIN TAS SECTION 305 - CLEAR FLOOR OR GROUND SPACEA. The clear floor or ground space shall be 30" minimum by 48" minimum.B. Floor of ground surfaces of a clear floor or ground space shall comply with 302. Changes in level are notpermitted. Slopes steeper than 1:48 are not permitted.C. The clear floor or ground space shall be 30" minimum by 48" minimum. (Fig. 305.3)D. Unless otherwise specified, clear floor or ground space shall be permitted to include knee and toeclearances complying with 306.E. Unless otherwise specified, clear floor or ground space shall be positioned for either forward or parallelapproach to an element. (Fig. 305.5)F. One full unobstructed side of the clear floor or ground space shall adjoin an accessible route or adjoinanother clear floor or ground space.G. Where a clear floor or ground space is located in an alcove or otherwise confined on all or part of threesides, additional maneuvering clearance shall be provided in accordance with below: 1. Alcoves shall be 36" wide minimum where the depth exceeds 24" for forward approach (Fig. 315.7.1) 2. Alcoves shall be 60" wide minimum where the depth exceeds 15" for parallel approach (Fig. 305.7.2)24" MIN 36" MIN 60" MIN 60" MIN12" MIN36" MIN12" MINFigure 304.3.2Figure 305.3Sign or obstructionT-shapedturning spaceFigure 404.2.3(c) folding door32" MINClear width at doorwaysTAS SECTION 404.2 - MANEUVERING CLEARANCES AT DOORSA. Front approach pull side - 60" min. width & 18" min. beside strike edge . Front approach push side - 48" min. width & 0"beside strike edge. (12" @ strike if door has both a closer and a latch) (Fig. 404.2.4.1 (a))B. Hinge side approach pull side - 60" min. width, 36" min. beside strike edge; or 54" min. width, 42" min. beside strikeedge. Hinge side approach push side - 42" min. width and 22" min. beside hinge edge (48" min. width if door has both acloser and a latch) (Fig. 404.2.4.1 (b))C. Latch side approach pull side - 48" min. width and 24" min. beside strike edge (54" min. width if door has a closer);Latch side approach push side - 42" min. width and 24" min. beside strike edge (48" min. width if door has a closer) (Fig.404.2.4.1 (c))TAS SECTION 404.2.5 - THRESHOLDS AT DOORWAYSA. Maximum threshold height: 1/2" , shall comply with 302 and 303.TAS SECTION 225 - STORAGEA. Where storage is provided, at least one of each type shall comply with 811.B. Where lockers are provided, at least 5%, but no fewer than one of each type, shall comply with 811.CHAPTER 3: SCOPING REQUIREMENTS (CONTINUED)Clear floor or ground spacePosition of clear floor orground spaceManeuvering clearance in an alcove,forward approachManeuvering clearance in an alcove,parallel approachLimits of protruding objectsUnobstructed forward/sidereachObstructed high forward reachForward approachParallel approachTHE FOLLOWING SECTION OF DETAILS PROVIDES INFORMATION ON REQUIREMENTS FORDISABLED ACCESSIBILITY. THE REQUIREMENTS COMBINE MINIMUM REQUIREMENTS OF STATEAND FEDERAL AGENCIES. THE PURPOSE OF THIS SECTION IS TO HELP AVOID INSTALLATIONOF MATERIALS ON CONSTRUCTION PROJECTS THAT WOULD LIMIT ACCESSIBILITY. THE SCOPEOF THIS SECTION IS LIMITED AND THE INDIVIDUALS WORKING ON THE PROJECT SHOULDFAMILIARIZE THEMSELVES WITH TEXAS ACCESSIBILITY STANDARD (TAS) AND AMERICAN WITHDISABILITIES ACT ACCESSIBILITY GUIDELINES (ADAAG) FOR ADDITIONAL INFORMATION ANDREQUIREMENTS.IN THE EVENT THE INFORMATION ON THE PLAN SHEETS DOES NOT MEET THE MINIMUMREQUIREMENTS OF THE SECTION, THEN THE INFORMATION SHALL BE PRESENTED TO THEARCHITECT FOR CLARIFICATION PRIOR TO CONSTRUCTION OF SPECIFIC AREA OF WORK.ELIMINATION OF ARCHITECTURAL BARRIERSUNIFORM FEDERAL ACCESSIBILITY STANDARDS (ADA)In accordance with accessibility requirements, the following standards shall be included when bidding on projectsinvolving renovation of or new facilities for public accommodation or commercial facilities. Any items not conformingto these or any other standards, codes, or ordinances shall be brought to the attention of the project architect forhis interpretation. In the event the information listed in this document conflicts with any portion of the work describedin the Contract Documents, the contractor shall notify the architect, in writing, of his need for a solution to resolvethe conflict.The mounting heights indicated are for items that require accessibility by disabled individuals. Where twoor more items are grouped in one area (mirrors, sinks, toilets, drinking fountains, urinals, shelves, telephones, etc.) notall items in the area have to be mounted at handicap height.Contractor to coordinate these installation heights with other materials for neat, trimmed out and finished appearance.Items for disabled individual use shall be mounted at height indicated for age level as noted.LONG DIMENSION PERP.TO ROUTE OF TRAVELPREDOMINANT DIR.OF TRAFFIC1/2" MAX GRATINGSGRATING ORIENTATIONSIDEWALKS & RAMPS (SLOPES,EDGE PROTECTION, HANDRAILEXTENSIONS, AND GRATING)34" MAX 46" MAX REACH RANGE> 10"-24" MAXFigure 308.3.2Obstructed high side reach34" MAX 48" MAX REACH RANGETAS SECTION 215 - FIRE ALARM SYSTEMSA. Alarms in public use areas and common use areas shall comply with 702.B. Where employee work areas have audible alarm coverage, the wiring system shall be designed so that thevisible alarms complying with 702 can be integrated into the alarm system.TAS SECTION 216 - SIGNSA. Signs shall comply with 703. Building directories, menus, seat and row designations in assembly areas,occupant names, building addresses, and company names and logos shall not be required to comply w/ 216.B. Signs required by section 1003.2.13.5.4 of the International Building Code (2000 edition) or sectionof the International Building Code (2003 edition) to provide instructions in areas of refuge shall comply with 703.5C. Directional signs required by section 1003.2.13.6 of the International Building Code (2000 edition) orsection 707.7 of the International Building Code (2003 edition) to provide directions toegress shall comply with 703.5D. Where not all entrances comply with 404, entrances complying with 404 shall be identified by the InternationalSymbol of Accessibility complying with 703.7.2.1 Directional signs complying with 703.5 thatof the nearest entrance complying with 404 shall be provided at entrances that do not comply with 404.TAS SECTION 217 - TELEPHONESA. Where public telephone are provided, wheelchair accessible telephones complying with 704.2 shall be provided.TAS SECTION 304 - TURNING SPACEA. The turning space shall be a space 60" diameter minimum. Thespace shall be permitted toinclude knee and toe clearance complyingwith 306.B. Slopes steeper than 1:48 are not permitted.C. Doors shall be permitted to swing into turning spaces.D. The T-shaped turning space shall be a T-shaped space within a 60"square minimum with arms and base 36" wide minimum. Each arm ofthe T shall be clear of obstructions 12" minimum in each direction andthe base shall be clear of obstructions 24" minimum. The space shallbe permitted to include knee and toe clearance complying with 306 onlyat the end of either the baseor one arm. (Fig. 304.3.2)1/4" MAX.1/4" - 1/2"21 TAS SECTION 303 - CHANGES IN LEVELA. Changes in level of 1/4" high maximum shall be permitted to be vertical. (Fig. 303)B. Changes in level between 1/4"-1/2" maximum shall be beveled at a slope not steeper than 1:2 (Fig. 303)C. Changes in level greater than 1/2" high shall be ramped and comply with 405 or 406Figure 303(a) hinged door32" MIN90.00°(b) sliding door32" MINCHAPTER 7: COMMUNICATION ELEMENTS AND FEATURESTAS SECTION 702 - FIRE ALARM SYSTEMSA. Fire alarm systems shall have permanently installed audible and Visual alarms complyingwith NFPA 72 (1999 or 2002 addition) except that the maximum allowable sound level of audiblenotification appliances complying with section 4-3.2.1 of NFPA 72 (1999 addition) shall have asound level no more than 110dB at the maximum hearing distance from the audible audiences.TAS SECTION 703 - SIGNSA. Where both visual and tactile characters are required, either one sign with both visual andtactile characters, or two separate signs, one with visual, and one with tactile characters, shallbe provided.B. Characters shall be uppercase and raised 1/32" minimum above their background.C. Characters shall be sans serif. Characters shall not be italic, oblique, script, highly decorative,or of any other unusual form. Characters shall be selected from fonts where the width of theuppercase letter "O" is 55-110 percent of the height of the uppercase letter "I."D. Character height measured vertically from the baseline of the character shall be 5/8"-2"maximum based on the letter "I."E. Braille shall be contracted (Grade 2) and shall comply with table 703.3.1. Braille shall belocated below the entire text.F. Tactile characters on signs shall be located 48" minimum above the finish floor measured fromthe baseline of the lowest character and 60" maximum above finish floor measured from thebaseline of the highest tactile character.TAS SECTION 703.4.2 - LOCATIONA. Where a tactile sign is provided at a door, the sign shall be located alongside the latch side.Where a tactile sign is provided at double doors with two active leafs, the sign shall be placedon the inactive leaf. If the double door has two active leafs, the tactile sign shall be placed tothe right of the right hand door. Where there is no wall space at the latch side of the door orthe right side of the double doors, signs shall be located on the adjacent wall. Signs containingtactile letters shall be located so that a minimum clear space of 18"x18," centered onthe tactile letters is provided, beyond the arc of any door swing between the closed position and45 degrees open position.TAS SECTION 703.5 - VISUAL CHARACTERSA. Characters and their background shall have a non-glare finish. Characters shall contrast withtheir background with either light characters on a dark background or vice versa.B. Characters shall be uppercase or lowercase or a combination of both.C. Characters shall be conventional in form. Characters shall not be italic, oblique, script, highlydecorative,or of any other unusual form. Characters shall be selected from fonts where the widthof the uppercase letter "O" is 55-110% of the height of the uppercase letter "I."D. Character height shall comply with table 703.5.5 Visual Character HeightE. Visual characters shall be 40" maximum above the finish floor or ground.TAS SECTION 703.6 - PICTOGRAMSA. Pictograms shall have a field height of 6" minimum. Characters and braille shall not be locatedin the pictogram field.B. Pictograms and their field shall have a non-glare finish. Pictograms shall contrast with theirbackground with either light characters on a dark background or vice versa.Figure 703.7.2.1International Symbol of AccessibilityLetters and numbers shall be raised 1/32", uppercase, sans serif or simple serif type and shall beaccompanied with grade 2 braille, raisedcharacters shall be at least 5/8" high, but nohigher than 2".Light switchThermostats,etc.Convenience outlets,Data, Tel, etc.Figure 703.4.118" MINfront 48" max side 54" 15" min. CL AREA OFREFUGE48" MIN 60" MAXHeight of tactile charactersabove finish floor or groundC.L. OF TACTILECHARACTERS72" MIN CLCLCL2-1/2" MIN 2-1/2" MIN 407.1 General. Elevators shall comply with 407 and with ASME A17.1 (incorporated by reference, see "Referenced Standards" inChapter 1). They shall be passenger elevators as classified by ASME A17.1. Elevator operation shall be automatic.407.2 ELEVATOR LANDING REQUIREMENTS. ELEVATOR LANDINGS SHALL COMPLY WITH 407.2.407.2.1 Call Controls. Where elevator call buttons or keypads are provided, they shall comply with 407.2.1 and 309.4. Call buttonsshall be raised or flush.407.2.1.1 Height. Call buttons and keypads shall be located within one of the reach ranges specified in 308, measured to thecenterline of the highest operable part.407.2.1.2 Size. Call buttons shall be 3/4 inch (19 mm) minimum in the smallest dimension.407.2.1.3 Clear Floor or Ground Space. A clear floor or ground space complying with 305 shall be provided at call controls.407.2.1.4 Location. The call button that designates the up direction shall be located above the call button that designates the downdirection.407.2.1.5 Signals. Call buttons shall have visible signals to indicate when each call is registered and when each call is answered.407.2.1.6 Keypads. Where keypads are provided, keypads shall be in a standard telephone keypad arrangement and shall complywith 407.4.7.2.407.2.2 Hall Signals. Hall signals, including in-car signals, shall comply with 407.2.2.407.2.2.1 Visible and Audible Signals. A visible and audible signal shall be provided at each hoistway entrance to indicate which caris answering a call and the car's direction of travel. Where in-car signals are provided, they shall be visible from the floor areaadjacent to the hall call buttons.407.2.2.2 Visible Signals. Visible signal fixtures shall be centered at 72 inches (1830 mm) minimum above the finish floor or ground.The visible signal elements shall be 2 1/2 inches (64 mm) minimum measured along the vertical centerline of the element. Signalsshall be visible from the floor area adjacent to the hall call button.Figure 407.2.2.2 Visible Hall Signals407.2.2.3 Audible Signals. Audible signals shall sound once for the up direction and twice for the down direction, or shall haveverbal annunciators that indicate the direction of elevator car travel. Audible signals shall have a frequency of 1500 Hz maximum.Verbal annunciators shall have a frequency of 300 Hz minimum and 3000 Hz maximum. The audible signal and verbal annunciatorshall be 10 dB minimum above ambient, but shall not exceed 80 dB, measured at the hall call button.407.2.2.4 Differentiation. Each destination-oriented elevator in a bank of elevators shall have audible and visible means fordifferentiation.407.2.3 Hoistway Signs. Signs at elevator hoistways shall comply with 407.2.3.407.2.3.1 Floor Designation. Floor designations complying with 703.2 and 703.4.1 shall be provided on both jambs of elevatorhoistway entrances. Floor designations shall be provided in both tactile characters and braille. Tactile characters shall be 2 inches(51 mm) high minimum. A tactile star shall be provided on both jambs at the main entry level.TAS SECTION 407 - ELEVATORS12" MIN11C2" MIN 1CFigure 407.2.3.2 Car Designations on Jambs of Destination-Oriented Elevator Hoistway Entrances407.4.1 Car Dimensions. Inside dimensions of elevator cars and clear width of elevator doors shall complywith Table 407.4.1.Table 407.4.1 Elevator Car Dimensions - Minimum DimensionsDoor LocationDoor Clear WidthInside Car, Inside Car, Back Inside Car,Back WallSide to SideWall to Front Returnto InsideFace of DoorCentered42 inches 80 inches51 inches54 inchesSide(off-centered)36 inches - 68 inches51 inches54 inchesA tolerance ofminus 5/8 inch ispermitted.Any36 inches - 54 inches80 inches80 inchesA tolerance of minus5/8 inch is permitted.Any36 inches- A 60 inches - other car configurations thattolerance of minus provide a turning space complying with 304 with the5/8 inch is permitted. door closed shall be permitted. Figure 407.4.1 Elevator Car Dimensions407.4.2 Floor Surfaces. Floor surfaces in elevator cars shall comply with 302 and 303.407.4.3 Platform to Hoistway Clearance. The clearance between the car platform sill and the edge of anyhoistway landing shall be 1 1/4 inch (32 mm) maximum.407.4.4 Leveling. Each car shall be equipped with a self-leveling feature that will automatically bring and maintainthe car at floor landings within a tolerance of 1/2 inch (13 mm) under rated loading to zero loading conditions.407.4.5 Illumination. The level of illumination at the car controls, platform, car threshold and car landing sill shall be5 foot candles (54 lux) minimum.407.4.6 Elevator Car Controls. Where provided, elevator car controls shall comply with 407.4.6 and 309.4.407.4.6.1 Location. Controls shall be located within one of the reach ranges specified in 308.407.4.6.2 Buttons. Car control buttons with floor designations shall comply with 407.4.6.2 and shall be raised orflush.407.4.6.2.1 Size. Buttons shall be 3/4 inch (19 mm) minimum in their smallest dimension.407.4.6.2.2 Arrangement. Buttons shall be arranged with numbers in ascending order. When two or more columnsof buttons are provided they shall read from left to right.407.4.6.3 Keypads. Car control keypads shall be in a standard telephone keypad arrangement and shall complywith 407.4.7.2.407.4.6.4 Emergency Controls. Emergency controls shall comply with 407.4.6.4.407.4.6.4.1 Height. Emergency control buttons shall have their centerlines 35 inches (890 mm) minimum above thefinish floor.407.4.6.4.2 Location. Emergency controls, including the emergency alarm, shall be grouped at the bottom of thepanel.407.4.7 Designations and Indicators of Car Controls. Designations and indicators of car controls shall complywith 407.4.7.407.4.7.1 Buttons. Car control buttons shall comply with 407.4.7.1.407.4.7.1.1 Type. Control buttons shall be identified by tactile characters complying with 703.2.407.4.7.1.2 Location. Raised character and braille designations shall be placed immediately to the left of the controlbutton to which the designations apply.407.4.7.1.3 Symbols. The control button for the emergency stop, alarm, door open, door close, main entry floor, andphone, shall be identified with tactile symbols as shown in Table 407.4.7.1.3. Table 407.4.7.1.3 Elevator Control Button IdentificationControl ButtonTactile SymbolBraille MessageEmergency Stop"ST"OP Three cellsAlarmAL"AR"M Four cellsDoor OpenOP"EN" Three cellsDoor CloseCLOSE Five cellsMain Entry FloorMA"IN" Three cellsPhonePH"ONE" Four cellsFigure 407.2.3.1 Floor Designations on Jambs of Elevator Hoistway Entrances407.2.3.2 Car Designations. Destination-oriented elevators shall provide tactile car identification complyingwith 703.2 on both jambs of the hoistway immediately below the floor designation. Car designations shall beprovided in both tactile characters and braille. Tactile characters shall be 2 inches (51 mm) high minimum.407.3 ELEVATOR DOOR REQUIREMENTS. Hoistway and car doors shall comply with 407.3.407.3.1 Type. Elevator doors shall be the horizontal sliding type. Car gates shall be prohibited.407.3.2 Operation. Elevator hoistway and car doors shall open and close automatically.407.3.3 Reopening Device. Elevator doors shall be provided with a reopening device complying with 407.3.3that shall stop and reopen a car door and hoistway door automatically if the door becomes obstructed by anobject or person.407.3.3.1 Height. The device shall be activated by sensing an obstruction passing through the opening at 5inches (125 mm) nominal and 29 inches (735 mm) nominal above the finish floor.407.3.3.2 Contact. The device shall not require physical contact to be activated, although contact is permittedto occur before the door reverses.407.3.3.3 Duration. Door reopening devices shall remain effective for 20 seconds minimum.407.3.4 Door and Signal Timing. The minimum acceptable time from notification that a car is answering a callor notification of the car assigned at the means for the entry of destination information until the doors of thatcar start to close shall be calculated from the following equation:T = D/(1.5 ft/s) or T = D/(455 mm/s) = 5 seconds minimum where T equals the total time in seconds and Dequals the distance (in feet or millimeters) from the point in the lobby or corridor 60 inches (1525 mm) directlyin front of the farthest call button controlling that car to the centerline of its hoistway door.407.3.5 Door Delay. Elevator doors shall remain fully open in response to a car call for 3 seconds minimum.407.3.6 Width. The width of elevator doors shall comply with Table 407.4.1.TAS SECTION 407.4 - ELEVATOR CAR REQUIREMENTS407.4.7.1.4 Visible Indicators. Buttons with floor designations shall be provided with visibleindicators to show that a call has been registered. The visible indication shall extinguish when the cararrives at the designated floor.407.4.7.2 Keypads. Keypads shall be identified by characters complying with 703.5 and shall becentered on the corresponding keypad button. The number five key shall have a single raised dot.The dot shall be 0.118 inch (3 mm) to 0.120 inch (3.05 mm) base diameter and in other aspectscomply with Table 703.3.1.407.4.8 Car Position Indicators. Audible and visible car position indicators shall be provided inelevator cars.407.4.8.1 Visible Indicators. Visible indicators shall comply with 407.4.8.1.407.4.8.1.1 Size. Characters shall be 1/2 inch (13 mm) high minimum.407.4.8.1.2 Location. Indicators shall be located above the car control panel or above the door.407.4.8.1.3 Floor Arrival. As the car passes a floor and when a car stops at a floor served by theelevator, the corresponding character shall illuminate.407.4.8.1.4 Destination Indicator. In destination-oriented elevators, a display shall be provided in thecar with visible indicators to show car destinations.407.4.8.2 Audible Indicators. Audible indicators shall comply with 407.4.8.2.407.4.8.2.1 Signal Type. The signal shall be an automatic verbal annunciator which announces thefloor at which the car is about to stop.407.4.8.2.2 Signal Level. The verbal annunciator shall be 10 dB minimum above ambient, but shallnot exceed 80 dB, measured at the annunciator.407.4.8.2.3 Frequency. The verbal annunciator shall have a frequency of 300 Hz minimum to 3000Hz maximum.407.4.9 Emergency Communication. Emergency two-way communication systems shall complywith 308. Tactile symbols and characters shall be provided adjacent to the device and shall complywith 703.2.D Y K E M A A R C H I T E C T S ,I N C . 800 N. SHORELINE BLVD. #400N. CORPUS CHRISTI, TEXAS 78401 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF NNND Y K E M A A R C H I T E C T S ,I N C . 800 N. SHORELINE BLVD. #400N. CORPUS CHRISTI, TEXAS 78401ADDENDUM NO. 01ATTACHMENT NO. 3PAGE NO. 3 OF 4DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF D Y K E M A A R C H I T E C T S ,I N C . 800 N. SHORELINE BLVD. #400N. CORPUS CHRISTI, TEXAS 78401 DocuSign Envelope ID: BAD093E2-76E3-430E-9CE5-B15AED57E6CF Capital Improvement Plan City of Corpus Christi, Texas 2020 2024 thru Description This project will renovate the Cty Hall elevators. The project will include but will not be limited to renovations and modernization of the fixed equipment, elevators hoist machines, hydraulic works, hall pushbuttons, controller componets and signal fixtures. After mechanical aspects are complete cabs will be upgraded where possible and within budget; such as door equipment improvements, and fixture upgrades. Project #21099 Priority 2 Critical- Asset Condition\longe Justification The elevators have reached the end of their service life and need to be upgraded to work efficently and save service charges. 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 35 years Project Name City Hall Elevator Renovations Category Building Rehabilitation Type Rehabilitation Contact Finance Director Department Public Facilities Total Project Cost:$1,250,000 Status Active Total2020 2021 2022 2023 2024Expenditures 1,047,7401,047,740 198,060198,060 3,0003,000 1,2001,200 Construction/Rehab Contingency Engineering Svc Admin Reimbursement 1,250,000 1,250,000Total Total2020 2021 2022 2023 2024Funding Sources 1,250,0001,250,000Certification of Obligation 1,250,000 1,250,000Total AGENDA MEMORANDUM First Reading for the City Council Meeting of March 30, 2021 Second Reading for the City Council Meeting of April 13, 2021 DATE: March 10, 2021 TO: Peter Zanoni, City Manager THRU: Steve Viera, Assistant City Manager SteveV@cctexas.com (361) 826-3445 FROM: Kevin Smith, Director of Aviation KevinS@cctexas.com (361) 289-0171 CAPTION: Ordinance appropriating Federal Aviation Administration Grants No. 63 and No. 64 totaling $2,667,902 pursuant to the federal Coronavirus Response and Relief Supplemental Appropriations Act for economic relief to eligible U.S. airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic; and amending the FY 2021 Operating Budget by increasing revenues and expenditures. Summary: This ordinance authorizes the appropriation of Airport Grant No. 63 for the amount $2,597,630 and Grant No. 64 for $ 70,272 for a combined totaling $2,667,902 from the United States Federal Aviation Administration (FAA) Airport Coronavirus Response Grant Program (ACRGP) for economic relief to eligible U.S. airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic and authorizing the execution of all documents necessary to appropriate, and disburse the funds; to execute all agreements, amendments and all other documents necessary to implement the funding from FAA with organizations for approved airport projects. The grants were accepted on March 8, 2021. BACKGROUND AND FINDINGS: On December 27, 2020, the President signed the Consolidated Appropriations Act, 2021. Division M of that Act is the Coronavirus Response and Relief Supplemental Appropriation Act, 2021 (CRRSA). Title IV of CRRSA provides approximately $2 billion in economic relief to airports to prevent, prepare for, and respond to the COVID-19 pandemic. This grant will assist City of Corpus Christi Aviation Department with expenditures for operating expenses, including relief from rent and minimum annual guarantees (MAG) for eligible airport concessions at primary airports and for airport development-related costs associated with Airport Coronavirus Response Grant Program (ACRGP) relief funds under the Coronavirus Response and Relief Supplement Appropriation Act (Public Law 116-260) (CRRSA) Corpus Christi International Airport (CCIA) combating the spread of pathogens at the airport. The FAA Regional Office will ensure that such development and use of the grant is consistent with all of the recipient’s prior Federal obligations, meets safety and security standards, meets National Environmental Policy Act (NEPA), prevailing wage, Buy American, Veterans’ Preference, and Disadvantaged Business Enterprise Program requirements, and meets other specific requirements under the CRSSA Act. ALTERNATIVES: Accepting this grant will allow the City of Corpus Christi Aviation Department to recover expenditures for operating expenses, including relief from rent and minimum annual guarantees (MAG) for eligible airport concessions at primary airports and for airport development-related costs associated with combating the spread of pathogens at the airport. Alternative funding to recover these costs are currently not available. FISCAL IMPACT: Funding is available through appropriation of Grant No. 63 and No. 64 for $2,667,902 through the Airport Grant Fund(s). FUNDING DETAIL: Funding details include: Fund: Airport Grant Fund (1055) Mission Element: 274 Projects: CRRSA’s ACT Grant Account: 530000 Activity: 690063F Amount: $2,597,630 Fund: Airport Grant Fund (1055) Mission Element: 274 Projects: CRRSA’s Act Grant Account: 530000 Activity: 690064F Amount: $70,272 RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate grant totaling $2,667,902. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Letter and Agreement Ordinance appropriating Federal Aviation Administration Grants #63 and 64 totaling $2,667,902 pursuant to the federal Coronavirus Response and Relief Supplemental Appropriations Act for economic relief to eligible U.S. airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic; and amending the FY 2020-2021 Operating Budget by increasing revenues and expenditures. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Grants #63 (3-48-0051-063-2021; $2,597,630) and #64 (3-48-0051-064-2021; $70,272) totaling $2,667,902 from the F ederal Aviation Administration, awarded pursuant to the federal Coronavirus Response and Relief Supplemental Appropriations Act for economic relief to eligible U.S. airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic, are appropriated in the No. 1055 Airport Grants Fund. SECTION 2. The FY 2020-2021 Operating and Capital Budget, adopted by Ordinance No. 032203, is amended by increasing both revenues and expenditures in the amount of $2,667,902. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 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 ________________ 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 ________________ DATE: March 30, 2021 TO: Peter Zanoni, City Manager FROM: Sarah Munoz, Interim Director of Parks and Recreation SarahM3@cctexas.com (361) 826-3042 CAPTION: Ordinance authorizing a special events agreement with the Buccaneer Commission, Inc. for Buc Days Festival 2021 and related activities to be held April 29, 2021 through May 9, 2021 to allow for the use of City property including Shoreline Boulevard between IH 37 and Resaca as well as the barge dock and circle drive adjacent to the American Bank Center with payment of City cost of services not to exceed $39,449. SUMMARY: Special Events Agreement to allow for the use of City property and provide City services for the Buc Days Festival 2021 events to include: The Wings Over South Texas Air Show, Professional Bull Riding Event, The Navy-Army Night Parade, and Rodeo Corpus Christi. BACKGROUND AND FINDINGS: Since 1938, the Buccaneer Commission, a non -profit organization, has annually hosted the Buc Days Festival in Corpus Christi, Texas in support of bringing entertaining, educational, and cultural events to the Coastal Bend. There are a series of events in the Buc Days Festival to include: Rodeo Corpus Christi, a professional bull riding event, the Stripes Carnival, the Navy-Army Parade, and the Wings Over South Texas Air Show. This year’s Buc Days will be held from Thursday, April 29, 20201 until Sunday, May 9, 2021. Buc Days requires participation from multiple City Departments. This proposed special events agreement includes a detailed list of fees the Buccaneer Commission will be charged for City services. ALTERNATIVES: 2021 Buc Days Festival Special Events Agreement AGENDA MEMORANDUM Action Item for the City Council Meeting March 30, 2021 An alternative would be for the City to deny allowance of permits and service support for the Buc Days Festival 2021. It is in the best interest of the City to allow for all of the requested permits and services be afforded to the festival as it is an economic generator for the City and has remained a long-standing tradition in our community. FISCAL IMPACT: Expenditures will be incurred by the Public Works, Solid Waste, Parks & Recreation, Police, and Fire departments. The fees charged to the Buccaneer Commission will help to offset the cost of these services. FUNDING DETAIL Fund: 1041 Streets Organization/Activity: 12320 Street, Signs & Svc. ME: 888 Account: 343697 Special Events Amount: $12,312 Fund: 4300 Stormwater Organization/Activity: 32000 Stormwater ME: 888 Account: 343697 Special Events Amount: $1,337 Fund: 1020 General Fund Organization/Activity: 11740 Police ME: 888 Account: 343697 Special Events Amount: $18,184 Fund: 1020 General Fund Organization/Activity: 12910 Parks and Rec ME: 888 Account: 343697 Special Events Amount: $4,374 Fund: 1020 General Fund Organization/Activity: 12010 Fire/EOC Mission Element: 888 Account: 343697 Special Events Amount: $3,242 RECOMMENDATION: Staff recommends approval of the ordinance authorizing a special events agreement with the Buccaneer Commission, Inc. for Buc Days Festival 2021 and related activities to be held April 29, 2021 through May 9, 2021 to allow for the use of City property including Shoreline Boulevard between IH 37 and Resaca as well as the barge dock and circle drive adjacent to the American Bank Center with payment of City cost of services not to exceed $39,449. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Presentation 1 Ordinance authorizing a special events agreement with the Buccaneer Commission, Inc. for Buc Days Festival 2021 and related activities to be held April 29, 2021 through May 9, 2021 to allow for the use of City property including Shoreline Boulevard between IH 37 and Resaca as well as the barge dock and circle drive adjacent to the American Bank Center with payment of City cost of services not to exceed $39,449. 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 special events agreement with the Buccaneer Commission, Inc. for Buc Days Festival 2021 and related activities to be held April 29, 2021 through May 9, 2021 to allow for the use of City property including Shoreline Boulevard between IH 37 and Resaca as well as the barge dock and circle drive adjacent to the American Bank Center with payment of City cost of services not to exceed $39,449. 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 1 BUC DAYS 2021 SPECIAL EVENTS AGREEMENT State of Texas § Know All By These Presents: County of Nueces § Whereas, City Council has previously authorized agreements for use of City property for the Buc Days events; Now, therefore, this Special Events Agreement (“Special Events Agreement”) is entered into between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”), acting through its duly designated City Manager, and the Buccaneer Commission, Inc. (“Commission”), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1.DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A.American Bank Center Grounds -means the American Bank Center complex and parking lots managed by the City’s contractor. B.City - means the City of Corpus Christi, a Texas home-rule municipality. C.City Attorney - means the City of Corpus Christi’s City Attorney or designee. D.City Council – means the City Council of the City of Corpus Christi, Texas. E.City Manager - means the City of Corpus Christi’s City Manager, or the City Manager’s designee. F.City Secretary – means the City of Corpus Christi’s City Secretary, or designee. G.Commission – means the Buccaneer Commission, Inc., a Texas non-profit corporation. H.Commission’s Agent - means a duly authorized representative of the Buccaneer Commission. I.Corpus Christi - Nueces County Health District – means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. J.Buc Days Events - means the annual Buccaneer Days Festival (“Buc Days”), including carnival, parade, rodeo, Wings over South Texas Air Show, and other activities sponsored by the Commission. The dates are described in Exhibit A. K.Fire Chief – means the Chief of the City of Corpus Christi’s Fire Department, or designee. 2 L.Special Events Agreement – means this document, as approved by the City Council and executed by the City Manager. M.Parade – means the annual Buccaneer Days Illuminated Night Parade. N.Parks Director - means the Director of the City of Corpus Christi’s Parks & Recreation Department, or designee. O.Police Chief - means the Chief of the City of Corpus Christi’s Police Department, or designee. P.Premises - means the sites for the Buc Days Events identified herein. Q.Risk Manager - means the Director of the City of Corpus Christi’s Risk Management Division, or designee. R.Street Operations Director – means the Director of the City of Corpus Christi’s Street Operations. S.Wings Over South Texas or Air Show Event - means the air show to be performed by the U.S. Navy Blue Angels along the Corpus Christi bayfront on May 1 and May 2. 2.TERM. This Special Events Agreement takes effect upon execution by the City Manager. The Commission will be entitled to use of the Premises described below, for the Buc Days Events in calendar year 2021 for the dates identified on Exhibit A. 3.PREMISES AND PERMITTED USES. A.For the Wings Over South Texas Event: use of Shoreline Boulevard, between IH 37 and Resaca as well as the barge dock and circle drive adjacent to the American Bank Center, as depicted in attached Exhibit B. B.For the Buc Days Carnival, Rodeo and Parade events to be conducted at the American Bank Center Grounds, Commission is responsible to obtain a separate agreement with the City’s General Manager of the American Bank Center. 4.PREMISES REVISIONS. Premises may be revised in coordination between the Parks Director and Commission’s Agent if necessary due to emergency City operations. 5.FINAL EVENT LAYOUT DIAGRAM. The Commission’s Agent must provide the Parks Director a diagram explaining the final layout for all related activities at least two weeks prior to the Buc Days Events. 6.PLANNING MEETINGS. Prior to Buc Days Events, the Premises will be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing. 7.ADMISSION FEE. Commission may charge an admission fee. Special Events connected with Commission may charge another fee to help defray the cost of entertainment. 3 8.COMMISSION’S OBLIGATIONS. A.Permit Fees. The Commission must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Special Event Permit fee, Health Permit/Vendor Fees, Development Services Permit Fees, Animal Permit Fee, Traffic Engineering Street Closure Permit Fees and Parade Permit Fees. B.Costs of City Services. City agrees to provide the following services in 2021 for the 2021 Buc Days Events for the not to exceed costs shown below: 1)Public Works: Street Sweeping and Inlets Cleaning; not to exceed $1,337. 2)Solid Waste: Street cleanup before the initial opening day of Buc Days Events and after final closing of Buc Days Events; not to exceed $0. 3)Parks and Recreation: Daily trash pick up on streets depicted on the Traffic Control Plan attached as Exhibit E in accordance with schedule of hours provided on Exhibit F; deliver and pick up trash receptacles for Air Show Event; not to exceed $4,374. 4)Traffic Control: Traffic Control Plan development and delivery/pickup of traffic control barricades; not to exceed $12,312. 5)Police: Security at Buc Days Carnival; and traffic control for the Parade and the Air Show Event; not to exceed $18,184. 6)Fire/EOC: Medical support and emergency management operations support at the Air Show Event and Buc Days Parade; in accordance with schedules provided on Exhibit G, not to exceed $3,242. The Parks Director will invoice the Commission $39,449 within thirty (30) calendar days after the conclusion of the Buc Days. Upon receipt of written request of the Commission’s Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. Commission’s failure to pay the undisputed charges on City’s invoice within 30 days after submittal to Commission shall result in a late payment fee being assessed against Commission. The late payment fee shall be calculated to be 5% of the amount due, as shown on City’s invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C.Weather Considerations If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year’s attendance levels, the City Manager is delegated the authority to adjust the amount and billing of City’s Costs. D.City Sponsorship Recognition As additional consideration for City services, the Commission will name the City as a sponsor of the Buc Days Events. The City logo will be placed on the sponsor section of the website. Four (4) banners will be placed on the fence of the Festival site for its duration, to be designed by the City and provided by 4 Buc Days. The Police Department will be provided booth space in the Festival for their recruitment effort. The Commission will provide a scholarship(s) in fields beneficial to the City work force. E.Deposit. The Commission must pay a deposit of $4,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the Commission within 30 days after the Event. F.Reimbursement for Damages to City Property. During the course of the Buc Days Events, damages may occur to City property. This includes, but is not limited to, damages to the turf, utility infrastructure, water and/irrigation lines and related equipment caused by negligent acts or omissions of the Commission, its employees, volunteers, vendors, contractors, or subcontractors. City will give the Commission an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the Commission for any additional cost of repair. Parks Director will provide the Commission’s Agent a punchlist of damages to City property, within seven (7) days after the Commission has vacated the property, following the conclusion of the Buc Days Events. Commission will have the opportunity to restore all items on the punchlist to original condition within ten (10) days after receipt of the punchlist. If Commission does not timely restore the items on the punchlist, the City may use the Depost for cost of repairs and invoice the Commission for the balance of the repairs. Commission will pay City’s invoice for damages, within 30 days after City tenders the invoice to Commission’s Agent, less any amount(s) the Commission has disputed. If Deposit is not needed for repairs, then City shall return Deposit to Commission within 30 days after end of Buc Days Events. 9.GENERAL PERMITS. Commission shall obtain and pay for necessary permits for the Buc Days Events from City Departments, including but not limited as outlined below. A. Temporary Street Closure Permit. The City street closure process will govern any necessary street closures. Commission must provide the Street Operations Director and Parks Director its site plan for the Buc Days Events, application for the requested street closure, and proof of all affected property owners’ approval of the proposed temporary street closure, in accordance with City Ordinance. All street closures on a temporary basis are subject to the requirements of City Code of Ordinances. The temporary street closure permit is part of the Special Event Permit application process. B. Special Event Permit. Commission will obtain a Special Event Permit from the Parks & Recreation Department for use of any Park property. C.Temporary Promotional Event Permit Commission will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all tempor ary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the Commission to call each inspector for an appointment to inspect and get approval for 5 each temporary service before the Event begins. Commission may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. D. Parade Permits. Parade Permits are not required for 2021 unless parade is held on City streets. E. Animal Permit. Commission must obtain an Animal Permit from Animal Control for the Rodeo, as specified in City Code of Ordinances. F. Vendor Permit. Commission must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi-Nueces County Health District for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) G. Alcohol and Food Vendors. Commission must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §18 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. H. Fireworks Permit. If Fireworks are being hosted, Commission must obtain Fireworks Permit from the Fire Department. I. Water Events. For any water events, Commission must obtain necessary permits from the United States Coast Guard. J. Additional Permits. Commission’s Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. K. Music Licenses. Commission is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs. The Commission must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access B. Parking. The Commission will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities. 6 C. Signage and Advertising. All signage on City property outside of the Premises must be pre-approved by the Director of Parks and Recreation. On all advertising for the Event, Lessee shall recognize the City as a major contributor to the Event. D. Rest Rooms, Drinking Water and First Aid. The Commission must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities E. Fence. Commission may provide a temporary six-foot (6’) chain link fence, with gates for access, on City-managed property, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicyc les, skateboards, animals, and personal coolers out of the Buc Days Events area. Request for fence for any property of the American Bank Center Grounds will be coordinated by Commission with the manager of the American Bank Center. F. Storm Water System Protection. Commission must install screens, approved by City’s Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Commission must remove the screens immediately after the close of the Event. However, Commission must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City’s Executive Director of Public Utilities. G. Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if Commission provides the Parks Director prior written assurances that Commission will remedy said damages in accordance with §8 COMMISSIONS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildings. Commission must receive prior written approval from the Parks Director to place any Temporary Buildings on any grounds used for the Premises. All these buildings must be removed at the end of the use period established each year. I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings or removable sidewalk decals may be used to pre-mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 7 K. Landscaping. Landscaped areas within the Premises or utilized for the Buc Days Events must be protected by the Commission. L. COVID-safety protocols. Commission protocols for the Buc Days Events, attached as an Exhibit, have been reviewed with the Corpus Christi – Nueces County Public Health District. Changes to these protocols must be reviewed and approved by the Director or Assistant Director of the Corpus Christi – Nueces County Public Health District. 11. VENDORS AT THE AMERICAN BANK CENTER GROUNDS. For the 2021 Buc Days Events, the City’s manager of the American Bank Center will coordinate the vendors with the Commission’s Agent. All vendors will be required to comply with all requirements of the Corpus Christi - Nueces County Public Health District, and all other local, State or Federal laws, rules, and regulations regarding the sale and storage of food. 12. WINGS OVER SOUTH TEXAS EVENT A. Commission may set up viewing tents and general viewing areas no earlier than April 24, 2021 hours prior to the start of the Air Show at locations depicted on attached Exhibit B. Commission may charge fees and authorize use of the viewing tents and viewing areas. Commission shall ensure that tents are placed in compliance with all applicable City codes. All tents must be removed and property restored to original condition within 24 hours after the conclusion of the Air Show. B. Commission shall ensure that all food and beverage vendors at the Air Show comply with all requirements of the Corpus Christi - Nueces County Public Health District, and all other local, State or Federal laws, rules, and regulations regarding the sale and storage of food. Commission has exclusive authority to administer and issue Airshow Vendor Permits to permit vending on the public sidewalks where any street closure is made for the event. 13. CLEAN UP. Commission must require all vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals . Commission may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The cleanup will be hourly and immediately after closing the Events each day. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. Commission is responsible to hire and work cleanup crews during and after the Buc Days Event. 14. RIGHT OF COMMISSION TO USE PUBLIC STREETS. Commission acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Special Events Agreement does not confer any right, title, or interest in the public property described herein . The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Commission with the terms and conditions contained within this Special Events Agreement. 8 15. EMERGENCY VEHICLE LANES. Commission must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 16. SECURITY. During Buc Days Carnival Event, the Commission agrees to utilize CCPD officers to provide security, to be coordinated through a CCPD -designated liaison. Costs for the CCPD officers are as detailed in §8 COMMISSIONS FINANCIAL OBLIGATIONS, above. However, the full costs for the liaison are to be invoiced separately to the Commission. Commission may provide additional security officers during the Buc Days Events, and after the Event closes each night, until it opens the next day. Commission will assign the security officers duties. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-site crowd and traffic control for the Event as needed and include costs of police officers in the costs, §8 COMMISSIONS FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 17. SAFETY HAZARDS. The Commission, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director, Street Operations Director, or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. The Commission will provide safety consultant to coordinate safety issues with the City. 18. INSURANCE. Commission’s Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Buc Days Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 Combined Single Limit per occurrence for personal in jury, death and property damage. Commission is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non-owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equi pment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. Commission must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the Commission’s Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 Combined Single Limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Commission must furnish the Certificates of Insurance in at least the above minimum amounts to the City’s Risk Manager two weeks prior to the non-exclusive use period each year. Commission must provide insurance as detailed in the attached Insurance Requirements Exhibit. Commission must require all volunteers to sign an accident waiver form that Commission must keep on file. The City Attorney will approve the final form. In the event of accidents of any kind, Commission must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, Commission must provide copies of all insurance policies to the City Attorney upon City Manager’s written request. Said insurance must not be canceled, non -renewed 9 or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Commission. 19. INDEMNITY. Commission shall indemnify, defend and hold City, its officers, agents and employees (“Indemnitees”) harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property arising out of or related to the Buc Days Events and associated activities, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or by Commission, its officers, contractors, vendors, employees or agents, (“Indemnitors”) of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. It is intended that the Commission will indemnify Indemnitees for Indemitors proportionate fault, including, but not limited to, negligence, which causes such damages or injury, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. Commission covenants and agrees that if City is made a party to any litigation against Commission or in any litigation commenced by any party, other than Commission relating to this injury or damage defined in this indemnity provision of this Agreement, Commission shall defend City upon receipt of immediate and diligent notice regarding commencement of the litigation. 20. NOTICE. Notice may 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 deposit if sent certified mail. Notice must be sent as follows: If to City: If to Commission: Director of Parks and Recreation Event Manager City of Corpus Christi The Buccaneer Commission, Inc. P.O. Box 9277 P.O. Box 30404 Corpus Christi, TX 78469-9277 Corpus Christi, TX 78463-0404 (361) 880-3461 (361) 884-8331 or 882-3242 FAX (361) 880-3864 FAX (361) 882-5735 21. DISPUTE RESOLUTION. City and the Commission agree that any disputes which may arise between them concerning this Special Events Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding an invoiced amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to the Commission. In the Event of appeal, the decision of the City Council will be final. Upon a resolution of the dispute, either by agreement of the 10 parties or as the result of an appeal, the disputed amount will be considered due and payable to the City within ten (10) calendar days of the resolution. This Special Events Agreement in no way waives the Commission’s rights to seek other legal remedies during the appeals process. 22. ASSIGNMENT. Commission may not assign or transfer this Special Events Agreement in whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 23. BREACH, TERMINATION. Any failure on the part of Commission to perform any of the covenants contained in this Special Events Agreement, or any breach of any covenant or condition by Commission entitles City to terminate this Special Events Agreement without notice or demand of any kind, no twithstanding any license issued by City and no forbearance by City of any prior breach by Commission is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Commission and the sums inure to the benefit of City as a set-off against any debt or liability of Commission to City otherwise accrued by breach hereof. 24. NOT PARTNERSHIP OR JOINT VENTURE. This Special Events Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Commission by the City are compensation for provision of City services as described herein and for the right of Commission to use public property for the limited purpose described herein. 25. CITY SERVICES SUBJECT TO APPROPRIATION. The Commission recognizes that the services provided by the City pursuant to this Special Events Agreement are subject to the City’s annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Special Events Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 26. COMPLIANCE WITH LAWS. Commission must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Commission’s sole expense and cost. 27. NON-DISCRIMINATION. Commission warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants tha t no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 28. ENTIRETY CLAUSE. This Special Events Agreement and the incorporated and attached Exhibits constitute the entire Special Events Agreement between the City and Commission for the use granted. All other Special Events Agreements, promises, and representations, unless contained in the Special Events Agreement, are expressly 11 revoked, as the parties intend to provide for a complete understanding within the provisions of this Special Events Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to Commission’s operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Special Events Agreement does not render the other provisions unenforceable, invalid, or illegal. This Agreement takes effect on date of last signature. CITY OF CORPUS CHRISTI __________________________ Name: ____________________ Title: ______________________ Approved as to form: By: ___________________ Lisa Aguilar, Assistant City Attorney For the City Attorney 13 EXHIBIT A – EVENT DATES EXHIBIT B - BUC DAY EVENTS SITE EXHIBIT EXHIBIT C - INSURANCE EXHIBITS D1 and D2 – COVID SAFETY PROTOCOLS (incorporated by reference) EXHIBIT E – TRAFFIC CONTROL PLAN (incorporated by reference) EXHIBIT F – SCHEDULE OF HOURS FOR PARKS & RECREATION EXHIBIT G – SCHEDULE OF HOURS FOR CCFD AND EOC 14 EXHIBIT A Event Dates Buc Days Carnival Commission shall contract directly with third party management company for use of American Bank Center Grounds April 29 - May 9, 2021 Night Parade May 2, 2021 Rodeo & PBR April 30 – May 1, 2021 May 6 - 9, 2021 Wings Over South Texas May 1 and 2, 2021 15 EXHIBIT B 16 EXHIBIT C INSURANCE REQUIREMENTS I.COMMISSION’S LIABILITY INSURANCE A.Commission must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Commission must not allow any subcontractor Agency to commence work until all similar insurance B.Commission must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 17 PROPERTY INSURANCE Vendor, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. LIQUOR LIABILITY If Applicable Vendor, 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, Commission 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, Commission 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 Insu rance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Commission will be promptly met. B. Commission shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Commission'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 tha n A- VII. C. Commission 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. Commission 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 18 P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Commission agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Commission shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Commission'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 Commission'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 Commission to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Commission hereunder until Commission demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Commission may be held responsible for payments of damages to persons or property resulting from Commission's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Commission's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2021 Insurance Requirements Ins. Req. Exhibit Legal Dept – Buc Commission – Buc Days 2021 03/15/2021 Risk Management – Legal Dept. 20 EXHIBITS D1 and D2 COVID SAFETY PROTOCOLS Exhibit D1: Wade Shows Mitigation Strategy Exhibit D2: American Bank Center Venue Safety Protocol WADE SHOWS WADE SHOWS MITIGATION STRATEGYMITIGATION STRATEGY The health and safety of our guests is our top priority. We have implemented many measures that you will see on the midway which are each designed to protect Fair guests and employees from potential exposure to SARS CoV(2). By minimizing contacts, promoting social distancing and increasing cleaning protocols and sanitation, we can welcome Fair guests back to the midway experience that has created generations of memories. Our rules and procedures include the best elements of mitigation plans from amusement parks, carnivals, fairs and festivals as well as guidance from the CDC and state health organizations. Coupled with our own ideas and innovations, we can bring the Fair the best the industry has to offer. As new information becomes available, we will adjust this document to reflect best practices given the most up to date information. While the midway experience will change and it will not be the “same as normal”, we believe we can strike a prudent balance between safety and family fun if we all work together to provide a safe, healthy environment. Our SARS CoV(2) Health and Safety Plan highlights are included below: GENERAL GENERAL All guests are expected to abide by the posted rules and procedures. Guests should maintain proper social distancing at all times, follow instructions and information from midway employees and respect the health and safety of others. EMPLOYEE SCREENING & PROTOCOLS EMPLOYEE SCREENING & PROTOCOLS • • All employees will receive mandatory training in operations with new health and safety protocols; • • Each employee’s temperature will be checked before work shifts and they will not be allowed to work should they register a fever above 100.4 degrees; • • Employees will be provided with Personal Protective Equipment such as masks and/or shields to be worn during all interactions with the public; • • Wherever possible, we will minimize contact between employees and the public, most notably with our digital ticketing system described below; • • When appropriate, following CDC guidelines, shields and temporary barriers will be used between employees and the public; • • Employees will clean rides and frequently touched areas on games and equipment on a regular basis using materials that combat virus spread and rides will be deep cleaned at the end of each day; • • Employees are to encourage social distancing guidelines at their work station and throughout the midway at all times; • • Depending upon the Phase of opening defined by the Governor and the CDC, employees over the age of 65 or those with co-morbidities will be given the option of furlough until conditions permit them to work again; • • All employees will be tested for Covid 19 prior to arriving at the event. MIDWAY RIDE OPERATIONS & CLEANING MIDWAY RIDE OPERATIONS & CLEANING • • The midway will feature less attractions, freeing up more space for distancing; • • Midways/Walkway areas will be widened to allow more space between people; • • Rides will be selected with social distancing and contact points in mind; • • Touchless hand sanitizing areas will be introduced throughout the fair, giving ample opportunity for safe hygiene practices; • • Sanitizing wipes will be provided at each ride and attraction; Each guest can use their wipe to sanitize their personal space as an added measure of protection; • • Queue lines for rides, games and food stands will include markers that are 6ft. apart so distancing can be maintained; • • Waiting lines for rides will be “pre-grouped” so that we can minimize contact with others not in a family group; • • Separate guests on rides and attractions to minimize contact between parties and follow social distancing guidelines. Strategies for separating guests include empty rows and leaving empty seats between guests in ride vehicles; • • Use cleaning teams to disinfect common areas and frequent traffic spots; • • Wade Shows, in partnership with the fair, will develop promotions and strategies to incentivize the spread of crowds throughout the day. FOOD & GAMES FOOD & GAMES • • Food stands will follow the most current CDC and health department guidelines as issued; • • Commonly used areas around food stands will be cleaned and sanitized throughout the day; • • Food stands will separate payment handling employees from food handling employees; • • Open access condiments will be eliminated and replaced with single- use packets or portions available upon request; • • Self-service drink stations will be eliminated; • • Wherever possible, barriers will be erected between food service employees and the public; • • Self service napkins and cutlery dispensers will be eliminated and items provided to guests with meals; • • Games will be reconfigured whenever possible and/or strategies employed to maintain social distancing and minimize contact; • • Game equipment touched by the public will be wiped after each use; • • Prizes will be sanitized and quarantined before being placed into service in a game; • • Social distancing between players not in the same family/group will be maintained at all times; SIGNS & PUBLIC COMMUNICATION SIGNS & PUBLIC COMMUNICATION • • Wade Shows will deploy new signs to inform guests of health and safety protocols throughout the midway; • • All sanitizing stations will be clearly marked for public use; • • All queue lines will have large spacing icons so distancing can be clearly understood; • • The Wade Shows website will include health and safety protocols for guests to read prior to visiting the midway; • • Announcements on rides and attractions will include reminders about midway safety and social distancing; • • The Wade Show midway app will include notifications and reminders about the importance of personal hygiene and social distancing; CASHLESS PAYMENTS & MOBILE APP CASHLESS PAYMENTS & MOBILE APP Wade Shows will be introducing our digital ticketing system and Phone APP which uses NFC (Contactless) technology. The system will be a very positive tool in helping to stop the spread of disease on the midway. With the new app, you can download tickets right to your phone, bypass the tickets boxes, and use your phone directly at the attraction as your ticket. Benefits of the system include: • • Digital phone app that can be scanned as a ticket — no handling of ticket media by guests/employees; • • Purchases and access to rides are available using our contactless technology which works like Apple Pay; • • Using the digital platform, we can spread crowds by selling access to rides by the hour instead of use anytime throughout the day; • • Automated kiosks lessen contact between employees and guests. They also help to keep lines to a minimum; • • Facilitation of advance sale purchases allow crowds to be spaced and lines for purchase kept to a minimum; • • System can be used for push notifications on site, through the APP, reminding users of mitigation guidelines such as social distancing, hand sanitizing locations etc; • • APP will enable us to gather data and reconnect with guests throughout the year. Wade Shows has been active in developing mitigation strategies based upon “best practices” released by industry organizations as well as those promoted by similar industries such as amusement parks and large venues. Working under CDC guidelines and the directives of local governments, we believe we have one of the most comprehensive strategies for protecting guests and employees alike so we can all enjoy another fantastic fair under these trying circumstances. COVID-19 MIDWAY SAFETY VIDEO COVID-19 MIDWAY SAFETY VIDEO In colaboration with the Delaware State Fair, we put together a safety video to show guests what we are doing to help keep our customers and employees safe. The video can be viewed on our web site using the URL below or by scanning the QR code. URLs to video: Mobile: https://wadeshows.com/m/pageserver/covid19 Desktop: https://wadeshows.com/pageserver/covid19 RETURNING TO THE WORKPLACE Please note: this information is based on the information currently available and may be changed based on the direction or guidance from health officials and governmental agencies. The decision to return team members to the venue should be reviewed in advance with your Regional Vice President. In an effort to keep employees, partners and guests healthy and to minimize exposure to the venue, American Bank Center has established this Safety Plan effective the date noted above and continuing until further notice. This policy is subject to revision at any time and is based on the most current local, State, and Federal directives as well as CDC guidelines regarding the coronavirus (COVID-19). Failure to comply with this policy could result in an increased risk of exposure to both staff and guests creating an extended closure of the facilities. Therefore, it is incumbent on all to ensure compliance with this policy. Entry Points (Non-event day) ASM Global Employees, Contractors, Temps and Vendors must enter through the East main entrance or garage stair well Reception Training reception personnel on safe interactions with guests. Disposable sticker security tags rather than recycled clips or lanyards Wellness Checks All employees MUST self-administer their body temperature prior to entering the building on a daily basis; All ASM Global on-site employees must complete the standard health questionnaire on a weekly basis and are encouraged to stay home if they feel sick Signage Install signage at multiple, relevant locations in the entry sequence. Explain building access rules and other protocols that impact how occupants use and move throughout the building PPE (Personal Protective Equipment) PPE will be provided to anyone working in the building. Gloves and safety suits are not required but can be provided if necessary, to safely perform your job. Used PPE must be disposed of in the provided PPE receptacles Social Distancing All full-time & part-time employees must observe a minimum 6-foot distance at all times Wash Hands Wash hands for 20 seconds often. When needed, touch less hand sanitizing stations have been added to the office spaces and high traffic walkways EMPLOYEE SAFETY GUIDELINES QUESTIONNAIRE ARE YOU EXPERIENCIN G A N Y O F THESE SYMPTOMS? o None of the BELOW OR ONE OR MORE OF THE F O L L O W I N G : o Fever (>100.4°F), chills, o r s w e a t i n g o Diffi culty breathing o Cough o Sudden loss of taste a n d / o r s m e l l o Sore throat o Aching throughout the b o d y o Vomiting or Diarrhea ARE YOU TAKING MEDI C A T I O N F O R THE ABOVE SYMPTOM S ? o Yes o No IS SOMEONE YOU LIVE W I T H EXPERIENCING ANY O F THESE SYMPTOMS? o None of the BELOW OR ONE OR MORE OF TH E F O L L O W I N G : o Fever (>100.4°F), chills, o r s w e a t i n g o Diffi culty breathing o Cough o Sudden loss of taste an d / o r s m e l l o Sore throat o Aching throughout the b o d y o Vomiting or Diarrhea IS SOMEONE YOU HAV E C O M E I N CONTACT WITH AT WO R K EXPERIENCING ANY O F T H E S E SYMPTOMS? o None of the BELOW OR ONE OR MORE OF THE F O L L O W I N G : o Fever (>100.4°F), chills , o r s w e a t i n g o Diffi culty breathing o Cough o Sudden loss of taste and / o r s m e l l o Sore throat o Aching throughout the b o d y o Vomiting or Diarrhea IN THE LAST 14 DAYS, H A V E YOU TRAVELED OUTSIDE Y O U R N O R M A L DAILY ROUTINE? o Yes o No IN THE LAST 14 DAYS, W H A T I S Y O U R EXPOSURE TO OTHER S W H O A R E KNOW TO HAVE COVID - 1 9 ? ONE OF THE FOLLOWI N G o I live with someone who h a s C O V I D - 1 9 o I’ve had close contact wi t h s o m e o n e w h o has COVID-19 o I’ve been near someone w h o h a s C O V I D - 1 9 o I’ve not had exposure Thank you for your pa r t i c i p a t i o n i n h e l p i n g o u r Community combat th e s p r e a d o f C O V I D - 1 9 . *If any of these answers c h a n g e o v e r t h e c o u r s e o f t h e n e x t w e e k I r e c o g n i z e I n e e d t o n o t i f y m y m a n a g e r i m m e d i a t e l y . PRINTED NAME SIGNATURE & DATE Meetings In-Person are discouraged, unless observing social distancing guidelines Elevators Elevator Usage is limited to two people at a time Workspaces Employees in offices are encouraged to keep office doors open and employees in cubicles verify there is sufficient space to observe proper social distancing Restrooms Designated use is limited to the Lobby & WGA locations only and the employee restrooms on the Arena first level back of house by Command; These locations are included as part of the 2x per day cleaning schedule Daily Cleaning High touch areas are disinfected frequently and work spaces are professionally disinfected twice daily (morning and mid- day) with hospital-grade disinfectant Consider the following guidelines and suggestions to control building ingress and egress, and that promote ongoing safety and precautionary measures at those points. These might include: The World Health Organization advises it is safe to receive packages from areas where COVID-19 has been reported. The virus does not survive for long on surfaces and the length of shipment time and other environmental factors should inactivate the virus. If you receive an expedited package from an area where COVID-19 is present, consider these steps: Wash your hands frequently with soap and water Use hand sanitizer when soap and water are not available Avoid touching your face, eyes, nose or mouth. Before reopening review current processes for inbound and outbound deliveries (parcels, mail, food deliveries, couriers and so forth) and develop a revised plan to align to COVID-19 safety precautions. These might include: Routing instructions and plans to avoid deliveries through employee or main entrance and instead route through areas that will minimize contact Separating shipping and receiving areas from the general population Require personnel handling mail and parcels to wear PPE to receive parcels, mail and other deliveries, and train them in the proper use and disposal of PPE Sanitizing the exterior of packing If appropriate, removing items from boxes and appropriate discard SHIPPING AND RECEIVING AREAS: In advance of returning team members to the venue, please review the following information regarding the physical spaces. Note: Public safety codes, building codes, applicable laws and security requirements must not be compromised to reduce the potential for physical contact with items in the workplace. MITIGATING WORKFORCE ANXIETY Developing a plan to mitigate employee concerns must be a top priority. People may be worried about their personal health and the health of those they care about. They have anxieties about their jobs, and the workplace, and we want to do everything possible to calm their anxieties. To help team members through what may be a turbulent, stressful and unpredictable return to work, ASM Global intends to focus on our team members from both a personal and work perspective. It’s critical to understand how the pandemic has impacted their personal connection to the culture of ASM Global. It’s also important that our team members know that ASM Global cares about how they feel, the personal challenges they may now have, and that we want to ensure that they know we are committed to caring for their wellbeing as they return to their physical workplace. CHANGE MANAGEMENT Ensuring team members understand what the workplace will be like upon return is critical. Some team members may expect nothing to change, while others will assume everything will be different. Preparing and reminding them that these changes will help keep them safe ease confusion. Recommended practices for consideration include: • Re-engagement of team members: Responses to working remotely during turbulent times are varied and unique. ASM Global will provide guidance on managing individual circumstances related to returning to the physical workforce. • Early communication: As plans are forming, keep the workforce informed as soon as appropriate. We have provided more detailed suggestions on communications on the following page. As an organization, we at ASM Global want to provide you with the best guidance to begin to bring team members back to the workplace, and make the transition as safe, supportive and successful as possible. 6 // ASM GLOBAL PREPARING THE WORKFORCE & ORGANIZATION COMMUNICATIONS As we methodically return our Team Members to the workplace, it is important that we communicate our new way of managing our business and how it will impact their day to day routine. The more we communicate and address the details of our new normal, anticipate employee questions, anxieties and concerns, the better our reactivation of the workforce will be. Some of the recommended communications strategies might include: • Communicate frequently to make team members aware of the details and changes designed to keep everyone safe and healthy • Educate and team members about new work practices and provide any training that may be needed • Consider using a wide range of communication channels and materials email, posters/digital displays and others as we will still have team members working remotely or on reduced schedules. We want to make sure they remain connected to the team, and have all the available information they need. • Share how ASM Global is following government guidelines and reiterate those guidelines for reopening workspaces. • Overview of some changes team members may see: »New entrance protocols for team members visitors »The optional or even required use of masks or other PPE »Instructions on bringing equipment (laptops, chairs, etc.) back into the workplace and sanitation requirements »Changes to the work environment including offi ce and meeting room arrangement, relocation of desks, etc. »Modifi cations to internal and external meeting protocols including hosting of client events, and visitor access INSIDE THE WORKPLACE RETURNING TO THE WORKPLACE // 7 WORKPLACE HYGIENE PRACTICES Encourage good personal hygiene and infection control practices when team members are in the workplace, including: Respiratory etiquette: • Encourage covering coughs and sneezes into a tissue and immediately throwing tissue away • Turn away from others when coughing or sneezing Hand hygiene: • Promote frequent and thorough hand washing • Make hand sanitizers available in multiple locations adjacent to common touchpoints including break rooms, copier areas, etc. Avoid touchpoints: • Provide disposable wipes so that common touchpoints (e.g., doorknobs, light switches, desks, desktop peripherals, remote controls, and more) can be disinfected by employees before each use • Discourage the use or borrowing of other people’s phones, desks, offices or equipment • Maintaining a clean workplace will assist in minimizing risk to employees. Kitchen Areas: Develop new practices on kitchen and meal preparation areas, which may include some temporary measures such as: • Encourage occupants to bring food and beverage items from home and manage them individually • Minimize touchpoints by removing coffee pots and the like • Eliminate open food items • Increase frequency of cleaning appliances such as refrigerators and microwaves Individual desks: • Implement a strict clean-desk policy so that non-essential items are not stored on the desk, but rather enclosed in cabinets or drawers • Supply disposable daily paper placemats for use at each desk • If desks or work areas are shared, advise individuals to sanitize all surfaces upon arrival at that seat. Supply disinfectants in the immediate proximity (or on each desk) • Unless stringent cleaning protocols are enforced, and if possible, avoid sharing of desks In-person meetings: • Coach team members to critically evaluate the requirement for in-person meetings • Limit the number of attendees at in-person meetings and limit to spaces that accommodate safe distances • Host large team/staff meetings via video conference rather than in-person • Eliminate in-person meetings with external guests Pre-shift briefing: • Where possible, pre-shift briefings should be conducted in rooms large enough to accomplish social distancing »If not possible consider staggering arrival and briefings ASM Global recommends that each venue review the guidelines and requirements of jurisdiction it is in as well as continuing guidance from the CDC. While it is not ASM Global’s policy at this time to require the below listed protocols, we encourage you to follow the direction of the community health officials and the Contract Administrator in these areas. Should it be determined that such protocols are to be implemented, the Regional Vice President should be notified. The following guidance is provided to assist in setting up these protocols: It will be important that we communicate to our team members any changes that we are implementing inside our workplaces. Each venue will have a unique set of circumstances to consider as they return team members to the workplace All areas of the workplace should make every effort to maintain social distancing protocols. BASIC GUIDELINES - PHYSICAL AREAS COMMON AREAS / LOBBIES Consider guidelines and recommendations that promote safety and guide building occupants through common and amenities areas beyond the entry. These might include: Hand sanitizer: • Hand sanitizer in stairs, elevator lobbies and all other building common areas Signage: • Wayfi nding signage or fl oor markings to direct foot traffi c and ensure safe social distancing Casual gathering spaces: • Re-arrange furniture to promote social distancing Cleaning: • Monitor and review existing cleaning guidelines and adjust or enhance as needed for cleaning paths of travel and high touch areas ELEVATORS / ESCALATORS: Elevators represent a particularly challenging area to establish social distancing. Methods for managing the use of elevators might include the following: • Social distancing queue management for waiting passengers • Instructional signage displaying healthy elevator use protocols including passenger limits and safe distances in the carriage • Signage inside elevator cars displaying healthy elevator use protocols - this may include fl oor stickers to establish distancing zones and describe where and how to stand • Review of elevator cleaning processes, and updates to ensure on-going cleaning of high touch surfaces like elevator panels / buttons • Escalators pose fewer challenges which may be managed with signage directing passengers where to stand and not to pass. RETURNING TO THE WORKPLACE // 3 COMMON AREAS / LOBBIES SAMPLE ILLUSTRATION Administrative office visitor hours are currently Monday through Thursday, 8:30am – 5:30pm. Make an Appointment All administrative office visitors must have an appointment with a staff member before access is granted and Guest Services must be notified PPE (Personal Protective Equipment) PPE will be provided to anyone working in the building. Gloves and safety suits are not required but can be provided if necessary, to safely perform your job. Used PPE must be disposed of in the provided PPE receptacles. Masks must be worn when entering an occupied room or a common area. If you are in your office by yourself, you are not required to wear a face mask Entry Points All visitors must enter through the must enter through the East main entrance or garage stair well Social Distancing All staff and guests must observe a minimum 6-foot distance at all times Limit Meeting Sizes If virtual meetings are not an option, all group meetings must be limited to 10 people and must observe social distancing guidelines Wash Hands Wash hands for 20 seconds often. When needed, touch less hand sanitizing stations have been added to the office spaces and high traffic walkways Restrooms Designated Restroom use is limited to the Lobby & WGA locations only and the employee restrooms on the Arena first level back of house by Command; These locations are included as part of the 2x per day cleaning schedule Venue Safety Signage General venue safety and elevator etiquette signs are posted at all entry points and in high traffic areas Elevators Elevator usage is limited to two people or one family at a time Daily Cleaning High touch areas are disinfected frequently with hospital-grade disinfectant NON-EVENT DAY VISITOR SAFETY GUIDELINES Reduced Hours of Operation: Monday – Friday, 10am – 4pm Access Point On non-event days, box office windows can be accessed only on the South side of the Arena via Resaca Street Social Distancing Floor Markers for z Line Queues Floor markers have been added on the ground outside windows to separate guests by 6-feet while in line Contactless Payment Cash is discouraged at box office; peripheral Credit card machines are being procured and soon will be moved outside the box office window. Signatures will be waived. At this time, Credit cards will be accepted and manually utilized as needed. Refunds may require a physical Credit Card at this time. Subject to change Paperless Tickets Paperless Tickets at the box office are the preferred mode of delivery at this time. All tickets and receipts can be delivered to the customer via SMS (Text Message). If hard tickets or receipts are needed due to technological limitations, hard tickets or receipts can still be printed for patrons Will Call Print-at-home or mobile tickets are available and encouraged ADVANCED NOTICES OF SAFETY CHANGES TO THE PUBLIC INCLUDE: Designated page with complete list of safety precautions on AmericanBankCenter.com Featured changes with a link to the full list included on each event page on americanbankcenter.com and each event page on facebook.com/ AmericanBankCenter Detailed safety information included in the venue’s “Know Before You Go” eblast sent out to ticket purchasers before each event All event announcements to include the following notices: • This event is subject to State of Texas and local government guidelines for helping the community stay safe during the COVID-19 pandemic. • Social distancing CANNOT be maintained in the arena bowl – MASKS REQUIRED – Enter at your own risk Social distancing and mask requirement signage posted at parking lot entrances, box office and at entry points EVENT DAY SAFETY PROTOCOL CHANGES BOX OFFICE SAFETY PROTOCOL CHANGES American Bank Center partners and contractors must take steps to ensure that all employees, visitors and guests are aware of and follow these directives. • Employee PPE All parking employees must wear masks and gloves at entry points or when customer facing • Valet Suspended Only self-park lots are available to customers until further notice PARKING DESIGNATED STAFF ENTRY POINTS W/HEALTH & WELLNESS CHECKS • East Entry & Garage Stairwell Full-time, part-time and event day staff, vendors, working first responders must use East entry and garage stairwell to enter • Loading Dock Gate Deliveries, event promoters, artists, road crews, stagehand labor, teams, team officials, approved team media; PPE will be handed out at the gate as needed Convention/ Selena Auditorium Parking Arena Parking Extending door times to 90+ minutes to allow plenty of time for guests to enter Open all entry points regardless of expected attendance (as possible) Adjusting security screening lines to allow for social distancing (as possible) PPE – all staff are required to wear facemasks and gloves at all times Social Distancing Markers added for line queues at all three main entrances Bags are discouraged. Bag policy will still be enforced GUEST SERVICES & SECURITY CHECKPOINTS BAG POLICY PPE All employees must wear face masks when social distancing is not possible Social Distancing Queue lines with stanchion toppers or floor markers Credit Cards Only Cash is no longer accepted at concessions until further notice Sneeze Guards Adding sneeze guards at concession points of sale Condiment Stations Removing all shared condiment & utensil stations and replacing with single use condiment packets and pre-packaged utensils kept behind the concession stand counters Portable Bars Removing relocating some beer portables/ kiosks from concourse to allow for more spacing Table and Chairs Removing barstools and chairs from bars and the concourse to deter any gathering and to allow for proper social distancing Pre-Packaged Food Offering more pre-packaged concessions Lids Using lids on all beverages including soft drinks and draft beers FRONT OF HOUSE FOOD & BEVERAGE/CONCESSIONS Hand Santizing Stations Adding hand sanitizing stations throughout entry points and concourse Deep Cleaning Between Events Fully sanitize arena seats and high touch point areas after every event with hospital grade disinfectant Continuously Cleaning During Events Add additional housekeeping staff to continuously clean restrooms throughout the event to ensure all soaps and disposables are properly stocked Signage Social distancing & elevator etiquette signage posted throughout the building Floor Markers Social distancing floor markers at every line queuing (Box Office, Security, Restrooms, Concessions, etc.) Elevator Usage Limiting elevator usage to one family or two people per ride Touch Points Limiting touch points by propping open interior doors when possible Relocating Merchandise to team store location to control access for social distancing and to allow more space on the concourse Merchandise Adding additional merchandise locations outside where applicable INSIDE THE WORKPLACE 8 // ASM GLOBAL TEAM MEMBER ENTRANCE / HEALTH SCREENING • Team members should be reminded regularly that their health and the health of those around them is an important responsibility • Team members will be asked upon arrival the following questions. If the answer to any of these is yes, the team member should be directed to return home and self-quarantine. A standard template that asks the following questions will be provided. »Are they suffering at this time any of the acknowledged symptoms; including dry cough, fever, shortness of breath, chills, headache or sore throat »Are they residing with anyone exhibiting any of the acknowledged symptoms; including dry cough, fever, shortness of breath, chills, headache or sore throat »Team members may be observed by management personnel and anyone exhibiting any of the acknowledged symptoms; including dry cough, fever, shortness of breath, chills, headache or sore throat should be directed to return home and self-quarantine »This questionnaire should be completely weekly, and the HR Department will keep the responses in a confi dential secure location. • Team members may be asked to have a temperature check performed »In all cases the check should be conducted with a touchless infrared thermometer »Where possible, the check should be conducted by a medical professional. In cases where this is not practical, self- administering is preferred. At no time, however, should ASM Global team members be checking the temperature of others »In all cases, proper sanitation practices should be observed »Baseline temperature should be established in accordance with the governing health department offi cials. Team members who exhibit a temperature above the established baseline should be directed to return home and self- quarantine. PERSONAL PROTECTIVE EQUIPMENT (PPE): • The use of PPE in the workplace by team members is encouraged in accordance with the guidelines of the governing health department • In cases were PPE, such as a face mask, is required by the governing health department then the venue will supply. Team members may be asked to have a Team members may be asked to have a QUESTIONNAIRE ARE YOU EXPERIENCING ANY OF THESE SYMPTOMS? o None of the BELOW OR ONE OR MORE OF THE FOLLOWING: o Fever (>100.4°F), chills, or sweating o Diffi culty breathing o Cough o Sudden loss of taste and/or smell o Sore throat o Aching throughout the body o Vomiting or Diarrhea ARE YOU TAKING MEDICATION FOR THE ABOVE SYMPTOMS? o Yes o No IS SOMEONE YOU LIVE WITH EXPERIENCING ANY OF THESE SYMPTOMS? o None of the BELOW OR ONE OR MORE OF THE FOLLOWING: o Fever (>100.4°F), chills, or sweating o Diffi culty breathing o Cough o Sudden loss of taste and/or smell o Sore throat o Aching throughout the body o Vomiting or Diarrhea IS SOMEONE YOU HAVE COME I N CONTACT WITH AT WORK EXPERIENCING ANY OF THESE SYMPTOMS? o None of the BELOW OR ONE OR MORE OF THE FOLLOWING: o Fever (>100.4°F), chills, or sweating o Diffi culty breathing o Cough o Sudden loss of taste and/or smell o Sore throat o Aching throughout the body o Vomiting or Diarrhea IN THE LAST 14 DAYS, HAVE YOU TRAVELED OUTSIDE YOUR NORMAL DAILY ROUTINE? o Yes o No IN THE LAST 14 DAYS, WHAT IS YOUR EXPOSURE TO OTHERS WHO ARE KNOW TO HAVE COVID-19? ONE OF THE FOLLOWING o I live with someone who has COVID-19 o I’ve had close contact with someone who has COVID-19 o I’ve been near someone who has COVID-19 o I’ve not had exposure Thank you for your participation in helping our Community combat the spread of COVID-19. *If any of these answers change over the course of the n e x t w e e k I r e c o g n i z e I n e e d t o n o t i f y m y m a n a g e r i m m e d i a t e l y . PRINTED NAME SIGNATURE & DATE SAMPLE ILLUSTRATION ASM Global is closely monitoring government policy changes, CDC and WHO guidelines, government mandates, and public health advancements and will continue to make changes as necessary or appropriate to our protocols and procedures. We’ll continue to provide more guidance and recommendations as new ideas and practices emerge-that’s part of our ongoing commitment to helping our venues prepare for what’s next. POWER ST. PALO ALTO ST.FITZGERALD ST.RESECA ST.BARGE DOCK FEDERAL AMERICAN BANK NORTH BAY WATER ST. MESQUITE ST.BREWSTER ST.HIRSCH ST.POWER ST. PALO ALTO ST.FITZGERALD ST.MESQUITE ST.BELDEN ST. CHAPARRAL ST.CHAPARRAL ST. CENTER COURTHOUSE FRONT PARK HUGHES ST.NO SPECIAL EVENT PARKING BEGINNING THURS. APRIL 29, 2021 POLICETOW AWAY ZONE NFRI. APRIL 23, 2021 9:00 AM RUBEN T. PEREZ, JR., P.E.TEXAS FIRM No. 18679EXHIBIT E - TRAFFIC CONTROL PLAN POWER ST. PALO ALTO ST.FITZGERALD ST.RESECA ST.WATER ST. MESQUITE ST. WATER ST. CHAPARRAL ST.POWER ST. PALO ALTO ST.FITZGERALD ST.IH 37 TWIGG ST.MANN ST. MANN ST. TWIGG ST.MESQUITE ST.BELDEN ST. CHAPARRAL ST.CHAPARRAL ST. SHORELINE BLVD. FEDERAL NORTH BAY COURTHOUSE FRONT PARK OMNI HOTEL AMERICAN BANK CENTER NO SPECIAL EVENT PARKING BEGINNING THURS. APRIL 29, 2021 POLICETOW AWAY ZONE RUBEN T. PEREZ, JR., P.E.TEXAS FIRM No. 18679NTHURS. APRIL 29, 2021 1:00 PM PEOPLES ST.STARR ST.TAYLOR ST.CH A P A R R A L S T .STARR ST.WATER ST. CHAPARRAL ST.IH 37 TWIGG ST.MANN ST. WATER S T .MANN ST. TWIGG ST.BELDEN ST. CHAPAR R A L S T . SHORELINE BLVD.SCHATZELL ST.SCHATZELL ST.SHORELI N E B L V D .EMERGENCY ACCESSMESQUIT E S T . EMERGE N C Y A C C E S S EMERGE N C Y A C C E S S NO SPECIAL EVENT PARKING BEGINNING THURS. APRIL 29, 2021 POLICETOW AWAY ZONE RUBEN T. PEREZ, JR., P.E.TEXAS FIRM No. 18679NFRI. APRIL 30, 2021 7:00 AM SHORELINE BLVD.BUMPBUMPBUMPBUMPBUMP BORN ST.KINNEY ST.JOHN SARTAIN ST.SHORELINE BLVD. WATER ST. CHAPARRAL ST.COOPERS ALLEYWILLIAM ST.WATER ST.LAWRENCE ST.SCHATZELL ST.SCHATZELL ST.SHORELINE BLVD. EMERGENCY ACCESS EMERGENCY ACCESS EMERGENCY ACCESS NO SPECIAL EVENT PARKING BEGINNING THURS. APRIL 29, 2021 POLICETOW AWAY ZONE RUBEN T. PEREZ, JR., P.E.TEXAS FIRM No. 18679NFRI. APRIL 30, 2021 7:00 AM FITZGERALD ST.RESECA ST.AMERICAN BANK WATER ST. MESQUITE ST.BREWSTER ST.HIRSCH ST.FITZGERALD ST.PORT AVE.CHAPARRAL ST. CENTER ORTIZ CENTER HUGHES ST.N BR O A D W A Y S T . PARADE PARTICIPANT ACCESS NO SPECIAL EVENT PARKING BEGINNING THURS. APRIL 29, 2021 POLICETOW AWAY ZONE RUBEN T. PEREZ, JR., P.E.TEXAS FIRM No. 18679NSAT. MAY 1, 2021 1:00 PM * * * PORT AVE.WHATABURGER FIELD WHATABURGER FIELD BREWSTER ST.BREWSTER ST.SAM RAN K I N S T . PARKING LOT WHATABURGER FIELD PARKING LOT NO SPECIAL EVENT PARKING BEGINNING THURS. APRIL 29, 2021 POLICETOW AWAY ZONE RUBEN T. PEREZ, JR., P.E.TEXAS FIRM No. 18679NSAT. MAY 1, 2021 1:00 PM Event Preview 2021 Schedule of Events 2021 Events Reductions & Cancelations BBQ on the Bay Treasure Island Shopping Community Stage 50+ Vendors Junior Parade Night Parade 2 Mile Route Parade Vendors Reduction in participants Concerts at Rodeo CC Reduction of Airshow from Outdoor Stage Reduction in number of rides at Carnival Buccaneer Days –Festival Site 2021 Carnival rides to be placed on the parking lots of the American Bank Center complex Carnival Rides & Games Fewer rides spaced further apart Wade Show Mitigation Plan Social Distancing Hand Sanitation before and after riding Masks required April 29 –May 9, 2021 Monday -Friday opens at 5pm Saturday & Sundays open at Noon Socially Distanced Outside Event Best Viewing from Buc Days Grounds VIP Seating & Chalet Only $100 VIP includes guaranteed seat, complimentary beverages, small bites, and air conditioned comfort station Chalet on barge dock –check availability May 1 & 2 from 1pm-4pm Show to feature the Blue Angels and other Navy planes KRISTV to televise Saturday’s Event Arena Events –Seating Chart PBR Velocity Tour Event Two Nights! PBR (Professional Bull Riders) is the world’s premier bull riding organization. Approximately 2-3 hour performance of just bull riding in the Arena Broadcast on RidePass, the Velocity Tour provides additional exposure to our national and local partners in major and secondary markets, coast-to-coast American Bank Center Arena New! April 30 & May 1, 2021 The Stadium Show is Back! Indoor viewing of the Navy Army Night Parade at the Parade Pachanga Socially distanced seating Featured floats, bands and other to be broadcasted live on KRIS 6 from the Arena Scholarship Presentation Crowning of Miss Buc Days & Buc Days King Sunday, May 2, 2021 in American Bank Center Arena Parade Pachanga 6pm Navy Army Night Parade 7pm start Parade to run through the Arena only Ticketing $10 seats $50 VIP seats $500 VIP Box Seating 20,000 + Attendees Annually Qualifying events held at RMB Fairgrounds $545,000 in prize money Finals to be televised on CBS Other three performances to be broadcast on RidePass, providing additional exposure to our national and local partners in major and secondary markets, coast-to-coast May 6-9, 2021 American Bank Center Arena Thank you! $1.3 Million to support Education in Coastal Bend