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Agenda Packet City Council - 06/27/2023
Lw,A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday,June 27,2023 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor Brian Hill, First Baptist Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Bree Braselton, Fourth Grader at London Intermediate School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-1054 Impact Fee Study Update 2. 23-1055 4th of July Preparations and Mayor's Big Bang Celebration Event 3. 23-1067 Staff Announcement: Heather Hurlbert, Assistant City Manager City of Corpus Christi Page 1 Printed on 6/26/2023 City Council Meeting Agenda-Final-revised June 27,2023 F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. BOARD &COMMITTEE APPOINTMENTS: H. EXPLANATION OF COUNCIL ACTION: I. BRIEFINGS: (ITEM 4) 4. 23-1048 Briefing on elements of the plan of finance for a convention center expansion and a convention center hotel. sponsors: Economic Development J. CONSENT AGENDA: (ITEMS 5 - 26) 5. 23-1032 Approval of the June 13, 2023 Regular Meeting Minutes sponsors: City Secretary's Office Consent-Second Reading Ordinances 6. 23-0825 Ordinance authorizing an amendment in the amount of$79,923.00 to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with Cypress Point Capital, LLC, to fully fund the construction of a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; appropriating $79,923.00 from the Water Arterial Transmission & Grid Main Trust Fund to reimburse the developer in accordance with the agreement. sponsors: Development Services 7. 23-0902 Ordinance authorizing acceptance and future amendments of STI/HIV Prevention Services Grant for$269,815.00 from the Texas Department of State Health Services (DSHS); and appropriating $269,815.00 in the Health Grant Fund to provide STI/HIV prevention and control services for the period of September 1, 2023, through August 31, 2024. City of Corpus Christi Page 2 Printed on 6/26/2023 City Council Meeting Agenda-Final-revised June 27,2023 Sponsors: Health Department 8. 23-0625 Ordinance rejecting the low bid of Iconx Operating LLC as non-responsive and non-responsible and awarding a construction contract to the second low bidder, Northstar Elite Construction & Consulting, LLC, Spring Branch, TX, for the West Guth Park improvements project in an amount of $1,656,379.39 located in Council District 1, with FY 2023 funding available from the Bond 2020 Proposition B Funds. Sponsors: Engineering Services, Parks and Recreation Department and Contracts and Procurement 9. 23-0838 Ordinance amending Section 5-38 of the City Code to allow for a consolidated permit for short-term rental units within multifamily buildings with a sole operator; Providing for a penalty not to exceed $500 and publication. Sponsors: Planning Department Consent- Contracts and Procurement 10. 23-0818 Motion authorizing a one-year service agreement, with two one-year options, with United Service Associates, LLC., of San Antonio, Texas, for custodial services for the Corpus Christi Police Department in an amount not to exceed $93,143.76 and a potential total amount not to exceed $279,431.28 if both one-year options are exercised, with FY 2023 funding of$23,285.94 from the General Fund. Sponsors: Police Department and Finance &Procurement 11. 23-0922 Motion authorizing a three-year service agreement with C & S Plating and Bumper Recycling Inc., dba C&S Truck and Van Equipment, of Corpus Christi, Texas, for emergency equipment installation and repairs for Corpus Christi Police Department police vehicles in an amount not to exceed $295,500.00, with FY 2023 funding of$24,625.00 from the General Fund. Sponsors: Police Department and Finance &Procurement 12. 23-0960 Motion authorizing a one-year service agreement with DigitalMarkets, Inc., dba Vista Com, of Houston, through the HGAC Cooperative, as part of the P25 upgrade to the Public Safety Radio System in an amount not to exceed $199,250, of which the City will pay $149,437.50 based on 75% ownership, Nueces County will pay $37,857.50 based on 19% ownership, and the Regional Transportation Authority (RTA) will pay $11,955.00 based on 6% ownership per the Interlocal Cooperation Agreement for the Radio System P25 upgrade, with FY 2023 funding from Bond 2018. Sponsors: Information Technology Services and Finance &Procurement 13. 23-0987 Motion authorizing the purchase of IT equipment from Great South Texas Corp., dba Computer Solutions of San Antonio, in the amount of $116,127.59 through the DIR Cooperative, to complete the Police Training City of Corpus Christi Page 3 Printed on 6/26/2023 City Council Meeting Agenda-Final-revised June 27,2023 Academy, with FY 2023 funding from 2022 Facility Certificates of Obligation Fund. sponsors: Information Technology Services and Finance &Procurement 14. 23-1015 Motion authorizing the execution of a purchase agreement for audio and video electronics with The Personal Computer Store, Inc., dba Avinext of College Station, in an amount of$730,295.23 through the TIPS Cooperative, to install the audio-visual equipment required in the new Police Training Academy, with FY 2023 funding from 2022 Facility Certificates of Obligation Fund. sponsors: Information Technology Services and Finance &Procurement 15. 23-0543 Motion authorizing execution of a one-year service agreement with Wixted, Inc., of West Des Moines, Iowa, in an amount not to exceed $118,000.00 for strategic communication support for Corpus Christi Water, with FY 2023 funding of$49,167.00 from the Water Fund. sponsors: Corpus Christi Water and Finance &Procurement 16. 23-0704 Resolution authorizing a one-year service agreement with the Nueces River Authority of Uvalde, Texas, for an amount not to exceed $61,125.23 to provide water conservation education to approximately 4,021 students in local school districts, with FY 2023 funding of$6,261.16 from the Water Fund. sponsors: Corpus Christi Water and Finance &Procurement 17. 23-0950 Motion authorizing execution of a one-year supply agreement, with two one-year options, with Arnold Oil Company, of Corpus Christi, for an amount not to exceed $125,000.00 and a potential amount up to $375,000.00 if options are exercised, for bulk oil to be utilized by Asset Management, with FY 2023 funding of$31,250.00 from the Fleet Maintenance Service Fund. sponsors: Asset Management Department and Finance & Procurement 18. 23-0962 Motion authorizing the purchase of epoxy coated pipe from Hajoca Corp, dba Moore Supply, of Ardmore, PA, with an office in Corpus Christi, for $239,339.10 to be utilized by Gas Operations, with FY 2023 funding from the Gas Fund. sponsors: Gas Department and Finance &Procurement 19. 23-0967 Motion authorizing the purchase of gas meters from Wilnat Inc., dba, Koons Gas Measurement, of Tulsa, for$517,500.00 to be utilized by Gas Operations, with FY 2023 funding from the Gas Fund. sponsors: Gas Department and Finance &Procurement 20. 23-0973 Motion authorizing the purchase of one-inch insulated meter gas valves from AY McDonald Mfg. Co., of Dubuque, Iowa, for$121,600.00 to be utilized by Gas Operations, with FY 2023 funding from the Gas Fund. sponsors: Gas Department and Finance &Procurement City of Corpus Christi Page 4 Printed on 6/26/2023 City Council Meeting Agenda-Final-revised June 27,2023 General Consent Items 21. 23-0945 Resolution authorizing an Interlocal Agreement with the Texas Department of State Health Services (DSHS) for remote access to State vital records for a four-year period ending August 31, 2027. sponsors: City Secretary's Office Consent-First Reading Ordinances 22. 23-0892 Ordinance ratifying acceptance of Public Health Infrastructure Grant (PHIG) for $3,186,443.00 from the Texas Department of State Health Services (DSHS); and appropriating $3,186,443.00 to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities for the period of March 22, 2023, through November 30, 2027 sponsors: Health Department 23. 23-1036 Ordinance authorizing a Water Distribution Main Construction and Reimbursement Agreement up to $36,731.71 with Devonshire Custom Homes, Inc. to construct off-site water distribution main improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny Dr, south of Leopard Street, and appropriating $36,731.71 from the Water Distribution Main Trust Fund to reimburse the Developer per the agreement (District 1). 24. 23-0833 Ordinance abandoning and vacating a 20-foot wide portion of a 50-foot wide by 537 feet long utility easement out of Lots 1, 2, 3, 4, and 5, Block 2, Queens Landing Subdivision, located off of Compton Rd near Bentley Ct. sponsors: Development Services 25. 23-1049 One-reading ordinance abandoning, vacating, and closing a 0.26 acre (11,158 square feet) tract of public right-of-way located approximately 100 feet north of the intersection of Corona Drive and Flynn Parkway per the request of an adjoining property owner and payment of an amount equal to the appraised value of$8,500.00. sponsors: Economic Development and Public Works/Street Department 26. 23-1052 One reading ordinance authorizing the sale and conveyance of an approximately the .182-acre parcel of surplus land located at or near the intersection of Corona Drive and Flynn Parkway, as further described by provided metes and bounds and incorporated to Rajesh Panchal (owner of adjacent property) for the amount of$6,000.00. sponsors: Economic Development and Public Works/Street Department K. LEGISLATIVE UPDATE: (ITEM 27) City of Corpus Christi Page 5 Printed on 6/26/2023 City Council Meeting Agenda-Final-revised June 27,2023 27. 23-1031 88th Legislative Session Update by Snapper Carr with Focused Advocacy sponsors: Intergovernmental Relations L. RECESS FOR LUNCH M. PUBLIC HEARINGS: (ITEMS 28 - 30) 28. 23-0999 Ordinance annexing approximately 10.817 acres of land into the territorial limits of the City of Corpus Christi and rezoning the annexed property at or near 2738 London Pirate Road (County Road 33) from the interim "FR" Farm Rural District to the "RS-6 Single-Family 6 District; providing for a penalty not to exceed $2,000 and publication. sponsors: Planning Department and Development Services 29. 22-2110 Zoning Case No. 1122-01 Mustang Island Estates, LP, (District 4). Ordinance rezoning a property at or near 149 Mustang Island Estates Drive from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). sponsors: Development Services 30. 23-0730 Zoning Case No. 0423-01, Corpus Christi Party Hotel, LLC (District 1). Ordinance rezoning property at or near 910 Corn Products Road from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 31 -44) 31. 23-1001 Resolution amending Financial Budgetary Policies adopted by Resolution 032810 and providing financial policy direction on preparation of the FY 2024 operating and capital budgets Sponsors: Office of Management and Budget 32. 23-0781 Motion authorizing execution of Amendment#1 to the professional services agreement with Talson Solutions, LLC, for$752,800.00, for a revised total not to exceed $781,000.00, to extend the term, incorporate minor edits, and include four co-sourced construction audits with one alternate, with FY 2023 funding of$257,600.00 from the Wastewater, TIRZ #2, Streets Bond 2018, and Public Safety Bond 2020 Capital Funds. sponsors: City Auditor and Finance &Procurement 33. 23-1050 Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to any capital expenditures City of Corpus Christi Page 6 Printed on 6/26/2023 City Council Meeting Agenda-Final-revised June 27,2023 from the proceeds of one or more series of tax-exempt or taxable obligations to be issued by the City in an aggregate amount not to exceed $11,500,000 for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. sponsors: Finance &Procurement 34. 23-1017 One-reading ordinance awarding a construction contract to J. Carroll Weaver, Inc. of Sinton, Texas, in an amount of$13,925,017.67 for reconstruction of North Lexington Boulevard from Hopkins Road to Leopard Street with new asphalt pavement, drainage and utilities improvements, located in Council District 1, amending the FY 2023 Capital Budget with FY 2023 funding available from the Street Bond 2018, storm water, water, gas, wastewater capital funds and funding from certificates of obligation. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 35. 23-1018 One-reading ordinance awarding a construction contract to JE Construction Services LLC., Corpus Christi, Texas, in an amount of $29,385,295.00 for reconstruction of Everhart Road from South Padre Island Drive to South Alameda Street with new concrete pavement and Utilities improvements abandoning one Bond 2018 project and one Bond 2020 project and repurposing the funds for use on Everhart Road and amending the FY 2023 Capital Budget; located in Council District 2 with FY 2023 funding available from the Street Bond 2018, Street Bond 2020, Storm Water, Water, Gas, Wastewater capital funds and certificates of obligation. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 36. 23-1030 One-reading ordinance awarding a construction contract to Reytec Construction of Corpus Christi, Texas, in an amount of$8,113,565.00, for reconstruction of McArdle Road from Kostoryz Road to Carroll Lane with new concrete pavement, sidewalks, and utility improvements, amending the FY 2023 Capital Budget; located in Council Districts 2 and 3, with FY 2023 funding available from the Street Bond 2018, Storm Water, Wastewater, Water, Gas Capital Funds and Certificates of Obligation. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 37. 23-0887 One-reading ordinance awarding a construction contract to Reytec Construction of Corpus Christi, Texas, in an amount of$15,407,700.21, for reconstruction of Alameda Street from Chamberlain Avenue to Louisiana Street and Alameda Street from Texan Trail to Chamberlain Street with new concrete paving, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, and utility improvements, amending the FY 2023 Capital Budget; located in Council Districts 2 with FY 2023 funding available from the Street Bond 2018, Storm Water, Wastewater, City of Corpus Christi Page 7 Printed on 6/26/2023 City Council Meeting Agenda-Final-revised June 27,2023 Water and Gas funds and Certificates of Obligation. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 38. 23-0798 Resolution awarding a construction contract to Bay Ltd. of Corpus Christi for the construction of Rodd Field Road from Yorktown Boulevard to Adler Drive with new asphalt pavement, multi-use shared path, roadside ditches, ADA compliant curb ramps, traffic signal improvements, signage, pavement markings, street lighting and utility improvements in an amount of $5,199,500.00, located in Council District 5 with FY 2023 funding available from the Bond 2020 Proposition A, Storm Water, Wastewater, Water Capital Funds and Gas. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 39. 23-1019 Motion awarding eight Master Services Agreements for various Professional Architectural Services in an aggregate not-to-exceed amount of$ 7,300,000.00, projects located Citywide, with FY 2023 funding available from the Capital Program, Bond Program Funds and operating budgets. Sponsors: Engineering Services and Contracts and Procurement 40. 23-1042 Resolution authorizing the negotiation and execution of 12 professional services contracts for Architectural Services in an amount not-to-exceed $6,765,000.00 with the architectural consultants who submitted Statements of Qualifications for the Bond 2022 and FY 2023 Parks and Facilities projects located Citywide, with funding available from the Bond 2022 and FY 2023 Capital Improvement Program Fund. Sponsors: Engineering Services and Contracts and Procurement 41. 23-1014 Motion authorizing Amendment No. 5 to a professional services contract with Halff Associates Inc, Corpus Christi, Texas, in an amount of $1,200,000, for a total contract value not to exceed $1,550,817.00 to finalize park design plans for areas surrounding the new Harbor Bridge including the former Washington Elementary School site, TC Ayers Park, Ben Garza Park, and Dr. HJ Williams Memorial Park (Hillcrest Park), located in Council District 1 with FY 2023 funding available from Bond 2014 Fund. Sponsors: Engineering Services, Parks and Recreation Department and Contracts and Procurement 42. 23-0261 Motion authorizing a professional services contract with RVK Architecture, San Antonio, Texas, for the design of a new Corpus Christi Water Utilities Building Warehouse located in Council District 3, in an amount not to exceed $609,187.00, with FY 2023 funding available from Water Capital Fund. Sponsors: Engineering Services, Corpus Christi Water and Contracts and Procurement City of Corpus Christi Page 8 Printed on 6/26/2023 City Council Meeting Agenda-Final-revised June 27,2023 43. 23-0775 Motion authorizing execution of a six-month service agreement with LA Stone, L.L.C. of Fort Lauderdale, Florida, for$266,000.00 to provide a Master Plan for the Corpus Christi Municipal Marina, with FY 2023 funding of$266,000 from the Parks CIP and Seawall CIP Funds. sponsors: Parks and Recreation Department and Finance &Procurement 44. 23-0921 One-reading ordinance awarding a construction contract to Callan Marine Ltd. of Galveston, Texas, in an amount of$19,385,864.00 to demolish and replace piers A,B,C,D,L at the Corpus Christi Marina and to dredge the Marina basin in the vicinity of the docks and to construct new concrete floating docks A, B, C, D, L at the Marina which is located in Council District 1 with funding available from Marina Capital and Seawall Capital Improvement Fund; appropriating $2,400,000.00 from the Seawall unreserved fund balance to the Seawall Capital Improvement Fund; and amending the FY 2023 Operating & Capital Improvement Budget. Sponsors: Engineering Services, Parks and Recreation Department and Contracts and Procurement O. EXECUTIVE SESSION: (ITEM 45) 45. 23-1043 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 personnel matters and the City Manager and Texas Government Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, or discipline of a public officer or employee (including, but not limited to, the City Manager). P. ADJOURNMENT City of Corpus Christi Page 9 Printed on 6/26/2023 SC °� F U NCOgpOPPt EAGENDA MEMORANDUM 1852 City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Briefing on Master Planning and Impact Fee Study CAPTION: Developing Our Future: Corpus Christi, Master Planning and Impact Fee Study SUMMARY: The Capital Improvement Advisory Committee (CIAC) is currently in the final stages of reviewing and/or evaluating the proposed Draft Master Plans. This Thursday, June 22, 2023, the CIAC committee will be reviewing the Draft Water Master Plan, following this, the remaining schedule is as outline below: • July 20, 2023 Impact Fee Review— Roadway and Stormwater • August 17, 2023 Impact Fee Review - Water and Wastewater • September 21, 2023 Impact Fee Recommendations — Roadways and Stormwater • October 19, 2023 Impact Fee Recommendations —Water and Wastewater • September 05, 2023 Public Hearing — City Council Meeting Land Use and Master Plans (CI P) consideration • December 05, 2023 Public Hearing — City Council Meeting Impact Fee Adoption consideration BACKGROUND: Nearly 2 '/2 years ago, the City Corpus Christi engaged Pape-Dawson Engineers to develop comprehensive master plans for improving existing conditions and for extending water, wastewater, stormwater utilities, and roads to support new development. In addition, Pape- Dawson will perform an Impact Fee Study which will evaluate the Master Plan CIP projects and develop costs that could be associated with this proposed expansion. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Master Planning and Impact Fee Study Ij a • ! / s I v 1 ` �.: �� � DEVELOPING +"� ' OUR FUTURE _. . _ CARPUS CHRISTI JUNE 27y 2023 Brief History of � . How Did We Get Here Y 1982 to 2022(40 years):Trust funds paid out approximately$39 million dollars for connecting new water and wastewater utilities to existing City infrastructure. • The trust consists of four(4)funds:Water Grid Mains;Water Distribution Lines;Wastewater Trunk Mains;and Wastewater Collection Lines. • The UDC allows the funds to be interchangeable,moving money from one fund to the other. • The Trust Funds only extend newwater and wastewater infrastructure(including Lift Stations and Force Mains). • The Trust Funds do not provide for new stormwater and roadway infrastructure needed to support new developments. August 2019:City Council gave direction to re-examine trust funds to assess alternative funding of new infrastructure. December 2019-February 2020:A Utility Alternative Financing Study update was completed and presented to City Council The study recommended transitioning from trust funds to impact fees,to fund infrastructure expansion. May 2020:RFQ for master planning&impact fee study was issued. July 2020:Pape-Dawson Engineers was selected as the consultant to: 1)Review and evaluate existing land use assumptions; 2)Develop comprehensive master plans forwater,wastewater,stormwater, roadway infrastructure; 3)Provide an impact fee study based on the new master plans W-7 „ .. ri Master Planning and . Impact Fee study Contract191 , ." A ff ■ February 9, 2021: City Council approved contract with Pape- .r J Dawson Engineering .' ' 11 n ■ March 4, 2021: Contract executed for $2,289,700 x ■ October 15, 2021: City Council approved an additional service 47, request for $1,192,000 to aide in producing the comprehensives Stormwater Master Plane ' ■ Total contract of$3,481,700 and the project is expected to be completed in the Fall 2023 y A i krn Y6�' Capital Improvements Advisory Committee (CIRC) §395.058. Advisory Committee (a)On or before the date on which the order,ordinance,or resolution is adopted under Section 395.042,the political subdivision shall appoint a capital improvements advisory committee. e (b)The advisory committee is composed of not less than five members who shall be appointed by a majorityvote of the governing body of the political subdivision.Not less than 40 percent of the membership of the advisory committee must be representatives of the real estate,development,or building industries who are not employees or officials of a political subdivision or governmental entity. (c)The advisory committee serves in an advisory capacity and is established to: (1)advise and assist the political subdivision in adopting land use assumptions; (2)review the capital improvements plan and file written comments; (3)monitor and evaluate implementation of the capital improvements plan; (4)file semiannual reports with respect to the progress of the capital improvements plan and report to the political subdivision any perceived inequities in implementing the plan or imposing the impact fee;and (5)advise the political subdivision of the need to update or revise the land use assumptions,capital improvements plan,and impact fee. (d)The political subdivision shall make available to the advisory committee any professional reports with respect to developing and implementing the capital improvements plan. City Council Established the (e)The governing body of the political subdivision shall adopt procedural rules for Capital Improvements Advisory Committee the advisory committee to follow in carrying out its duties. In August 2021 O MASTER PLAN UPDATE: The Four Draft Master Plans have been presented to Capital Improvement Advisory Committee(CIAC) and the committee is in the process of providing comments and suggested changes to finalize these documents. Wastewater Master Plan This plan has 6 service areas. The Wastewater Master Plan had some operational recommendations to maximize existing assets without installing more. Most of the large improvements were associated with growth. Roadway Master Plan The Road Master Plan evaluated the roadways within the City limits through 21 service areas. Most areas, as expected, have minimal growth and therefore, minimal projects associated with growth. Stormwater Master Plan This plan has 16 service areas.A number of improvements are required within existing areas along with some large stormwater management projects throughout the Oso Basin. Water Master Plan This plan has 2 service areas. This master plan is predicted on the O.N. Stevens Water Treatment Plant being the singular source of water.The existing internal network is not greatly affected by growth; however, the major growth-related projects are located in the City's ETJ. Capital Improvement Advisory Committee (CIAC) Meeting Schedule • March 16, 2023-Wastewater Master Plan Review • April 26, 2023-Roadway Master Plan Review • May 18, 2023 - Stormwater Master Plan Review • June 22, 2023-Water Master Plan Review • July 20, 2023-Impact Fee Review-Roadways&Stormwater • August 17, 2023-Impact Fee Review-Water&Wastewater • September 21, 2023-Impact Fee Recommendations-Roadways&Stormwater • October 19, 2023-Impact Fee Recommendations-Water&Wastewater Proposed Public Hearings: • September 5, 2023-City Council Public Hearing Land Use& Master Plan Capital Improvement Projects • September 12, 2023-City Council Public Hearing Land Use & Master Plan Capital Improvement Projects(2nd Reading) • December 12, 2023-City Council First Reading and Public Hearing for proposed Impact Fee • December 18, 2023-City Council Second Reading and Public Hearing for proposed Impact Fee u _..: _ ••.-• � . '• _ _:. 4� �tovl' Qv .,�:.r% ' '�►l, !)I�_ .. ; -.,w?saw 04lynow� w,, 1 ° . DEVELOPING OUR FUTURE JyT CORPUS CHRISTI w F r Ole Af b 94 0 F _ . RI CID �•� .. CORPUS CHRIST] MAYOR U ARDO' 010 BANG FIREWORK HOW TUESDAY . JULY4 , 2023 9:30 P.M. W . BI B N CITY OF CORPUS CHRISTI OFFICE OF THE CITY MANAGER TO: Mayor and City Council FROM: Peter Zanoni, City Manage COPY: Executive Team SUBJECT: Staff Announcement—Assistant City Manager DATE: Tune 20, 2023 1 have appointed Heather Hurlbert as Assistant City Manager, effective Tuesday,.lune 20. Heather has been with the City since March 2020 and has served as the Director of Finance and Procurement and, most recently, the Director of Economic Development. As Assistant City Manager, she will oversee the following departments: Parks and Recreation, Airport, Economic Development, and Information Technology. Before joining the City of Corpus Christi, Heather spent more than a decade with the City of San Marcos, where she served as the Assistant Director of Finance before being promoted to Finance Director.Throughout her career, Heather has over 25 years of accounting,budgeting, and financial reporting experience in public accounting, private industry, and government. Heather holds a Bachelor of Business Accounting degree from The University of Texas San Antonio and the designation of Certified Government. Finance Officer and is a Certified Public Accountant. She serves as President of the Government Treasurers Organization of Texas and is a member of the Texas Class Government Investment Pool advisory board. We are conducting executive recruitment to fill the Director of Economic Development position. Heather will serve as the Interim Director of Economic Development until the role has been filled permanently. Attachment: Updated City Organizational Chart Effective Tuesday, June 20 so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of June 27, 2023 DATE: June 16, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager and Director of Economic Development HeatherH3@cctexas.com (361) 826-3506 Presentation and discussion on the Project and Plan of Finance for the proposed Renovation-Expansion of the American Bank Center, Convention Center Hotel, and Mixed-Use Entertainment District STAFF PRESENTER: Name Title/Position Department 1. Heather Hurlbert Assistant City Manager CMO 2. Elsy Borgstedte Assistant Director of Aviation Economic Development OUTSIDE PRESENTEEa Name Title/Position Agency Name 1. Clay Binford Partner McCall, Parkhurst & Horton L.L.P. 2. Dan Wegmiller Managing Director Specialized Public Finance Inc. 3. Victor Quiroga Managing Director Specialized Public Finance Inc. 4. Rob Hunden President Hunden Strategic Partners BACKGROUND: On April 22, 2022, the City of Corpus Christi hired Hunden Strategic Partners, Inc. (HSP) to provide professional consulting services to evaluate the existing and future Corpus Christi market for possible renovation and/or expansion of the City's convention center and the development of a new headquarter hotel. On June 2, 2022, the contract scope of work was amended to include a market, financial feasibility study, and economic/fiscal impact analysis for the potential development of City-owned parcels surrounding the American Bank Center(ABC). HSP has been working since April gathering relevant data and analysis for the study. HSP and city staff have engaged stakeholders on multiple occasions throughout the process for dialogue and input. The stakeholders for this project have included local hoteliers, Texas Hotel and Lodging Association, Visit Corpus Christi, convention center meeting planners, and the Buccaneer Commission, to name a few. On January 24, 2023, City staff and HSP presented to Council the results of the feasibility study and opportunities for a potential Convention Center Hotel, Renovations-Expansion of the American Bank Center, and Mixed-Use Entertainment District. On June 13, 2023 State Legislature approved House Bill 5012, the law will allow the creation of a Project Finance Zone (PFZ) to recapture state taxes within a three mile radius of the American Bank Center. The financial tool will generate revenues above the current baseline to fund projects for the American Bank Center complex. Presentation and discussion on possible public financing options for the proposed American Bank Center Convention Center expansion, conference center hotel, and mix-use entertainment district. There is no Council action for this item, it is for information only. LIST OF SUPPORTING DOCUMENTS: Presentation Preliminary 0 R P a n o f : T _ Finance � ►1� . o ,s Convention u r � Center Project 14. City Council Meeting June 27, 2023 Convention Center Project Scope Scope to Include: • Arena • Convention Center • Selena Auditorium • Entertainment District • New Headquarters Hotel DRAFT PRESENTATION-FINAL WILL BE PRESENTED AT THE JUNE 27 MEETING Funding Sources Project Finance City Hotel Type : Zone Revenue Occupancy -Granted by approval -2%Venue Tax Add Convention Add Convention Possible repurpose of of HB5012 -7/ Hotel Occupancy Center Project as an Center Project as an both 1/8 cents sales -State's portion of the Tax allowed project to the allowed project to taxes currently incremental Project and Financing collected for the collections of sales tax, Plan purpose of the Arena HOT, and mixed and Seawall beverage for 30 years -Three-mile radius of project DRAFT PRESENTATION-FINAL WILL BE PRESENTED AT THE JUNE 27 MEETING Funding Categories Known . . - L Known & Elig Unknown & Required -Have historical collections -Have historical collections -Do not have historical collections -Available to be allocated to the project -Currently allocated for other purposes -Collection forecasting subject to -Can be allocated in part or completely assumptions to the project -Required to be allocated to the project DRAFT PRESENTATION-FINAL WILL BE PRESENTED AT THE JUNE 27 MEETING Funding Types and Categories Known & Known • AvailableEligible for - • - • Allocation Project Finance Zone X City Hotel Occupancy 2%Venue Tax 7%Occupancy Tax Tax TI RZ#3 X Type A X Type B X DRAFT PRESENTATION-FINAL WILL BE PRESENTED AT THE JUNE 27 MEETING Actions to Access Funding Sources • With the exception of the Type A repurpose, all necessary actions controlled by City Council and affiliated boards (Type A, Type 6, and TIRZ #3) • The repurpose of Type A funding requires approval through a citywide election DRAFT PRESENTATION-FINAL WILL BE PRESENTED AT THE JUNE 27 MEETING Type A Repurposing Today • 1/4 Cent Sales Tax • Arena-1/8 cent • Seawall-1/8 cent • Expiration • Arena-2025 • Seawall-2026 • Can accelerate to an earlier date if cash on hand is used to retire existing debt early • Revenue DRAFT PRES ENTATION-FINALWILL BE 1/8 cent produces approximately $8.0M annually which PRESENTED AT THE JUNE 27 MEETING continues to increase each year Type A Repurposing Process • November 2023 election to approve repurpose of 1/4 cent after existing debt is paid in full • Election prior to expiration ensures no interruption in collection • Single measure and ballot proposition • Propose 1/4 cent allocation • 75% to Convention Center Complex (Includes Seawall) • 25% to defined parks and commercial/industrial streets DRAFT PRESENTATION-FINAL WILL BE PRESENTED AT THE JUNE 27 MEETING Type A Repurposing Next Steps after Repurpose Approval • Create special purpose entity governed by City Council to manage Convention Center Complex redevelopment • Approve Type A and City Interlocal Agreement to transfer revenues: • Parks and Streets funding to City • Convention Center Complex funding to special purpose entity DRAFT PRESENTATION-FINAL WILL BE PRESENTED AT THE JUNE 27 MEETING Convention Center Complex "Convention Center Complex" will include: • Arena • Convention Center • Selena Auditorium • Seawall • New Headquarters Hotel DRAFT PRESENTATION-FINAL WILL BE PRESENTED AT THE JUNE 27 MEETING Potential Revenues (need updated schedule) Surnit ryof Potential Gross Revenues(in millions) ■ Projected revenue sources,annual amounts and applicable years provided Revenue Source by Hunden Partners as of June 9, 625%Sales Tax State-Onsite 2028-2037 $ 52,283 $ 34,855 S 23,106 2023. Preliminary,subject to change. 4.13%Hotel Tax state-Onsite 2028-2037 19,928 13,285 8,793 ow The annual revenue projections 3-Mile Project Finance Zone(PFZ) State 2024-2053 120,357 80,236 29,142 representrq oss tax receipts. 7.0%Hotel!Motel Tax Local-Onsite 2028-2053 113,064 75,376 33,035 Operations&maintenance(08M)and 2_0%Venue Occupancy Tax Local-Onsite MG-205332,304 2-1,536 9.438 &replacement(R&R}costs 0125%Arena Sales Tax Localrenewal -Onsite 2028-2053 3,362 2,241 985 would paid from these revenues, 0125%Seawall Sales Tax Local-Onsite 2©28-2053 3,362 2,241 985 reducing the potential bond capacity. TIPZ Tax I2ewnues Local-Onsite 2028-2053 -101,436 67,624 29,786 2.0%Venue Occupancy Tax Local-Existing 2024-2053 159,502 106,335 52.446 1 For purposes of illustration,the annual 0.125%Arena Sales Tax Local-Existing 2024-2053 355,442 236,961 116,873 gross tax revenues are adjusted for a TIRZTax Revenues Local-Existing 2024-2053 102,445 68,297 33.685 minimum debt service coverage Totals $1,063,485 $ 708,990 $ 338,274 requirement(CSCR)of 1.50x and present valued to July 1,2023 at an $6° illustrative cost of funds. ■busting Local Taxes ■Local Taxes from New Development ■State Taxes from New De Iopment ■PFZ ■ An independent consultant should be $50 retained to provide a detailed forecast $40 of available pledged revenues. This study will be used to structure the debt $30 and obtain bond ratings and insurance. ®� No- Additionally,the City should consider $2° adding a senior underwriter with $1C considerable convention center/arena experience to the finance team early in $- the process as the plan of finance is 2024 2026 2028 2030 2032 2034 2036 2038 2040 2042 2044 2046 2043 2050 2052 being built. DRAFT PRESENTATION-FINAL WILL BE PRESENTED AT THE JUNE 27 L I FINANCE' 'II MEETING JUNE 22,2023 SPECIALIMID PUi6LIC FIUA Project Timeline APR-JUN 23 • ' Quarter Two- Quarter Four- 01 Complete 03 In Process Quarter One- Brief Council on the results Quarter Three- Brief Council on Plan of of the study Complete City Financial Advisor Complete Finance with funding � sources and the initial selection recommendations • Feasibility Study with City Bond Counsel selection Plan of Finance analysis Brief Council on Type A Economic Impact for a Council action to support and model Sales Tax repurpose Convention Center Hotel,Mix- Legislative action Meetings with Bond Brief Council on the Use Entertainment District, Tour of Oklahoma City Counsel and Financial Convention Center and project schedule with and Needs Assessment for the Advisor and Hunden milestones and next ABC Convention Center Mix-Use District,and 88th Legislative Session connected hotel. Meetings steps • Conduct research and analysis g continued work to add Council action to • Stakeholder engagement with OKC project PFZ financial tool • Finalize report representatives. Develop project schedule designate PFZ area 0 2 Type A Sales Tax analysis 04 SII II�01 UI hull UlVltlllulul� IVB�V JAN-MAR 23 DRAFT PRESENTATION-FINAL WILL BE PRESENTED AT THE JUNE 27 MEETING 1201 Leopard Street {fi City of Corpus Christi Corpus Christi,TX 78401 - cctexas.com Meeting Minutes City Council Tuesday,June 13,2023 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:32 a.m. B. Invocation to be given by Father Bartz, St. Nicholas Greek Orthodox Church. Father Bartz, St. Nicholas Greek Orthodox Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Victor Guajardo, Senior at St. John Paul II High School. Victor Guajardo, Senior at St. John Paul II High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca 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 Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-0953 Corpus Christi Metropolitan Planning Organization Bike Plan Update by Transportation Planning Director Rob MacDonald City Manager Peter Zanoni stated that there is interest in updating the Regional Transportation Plan to focus on bicycles. Staff has been working with the Metropolitan Planning Organization to develop a new mobility plan. Transportation Planning Director Rob MacDonald presented information on the following topics: active transportation plans; schedule of the strategic plan for active mobility; process used to develop strategic plan for active mobility; draft schedule of 2050 Metropolitan Transportation Plan (2050 MTP); and 2050 MTP: active City of Corpus Christi Page 1 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 transporation/complete streets/micro-mobility plan. Council Members, City Manager Zanoni, and Director MacDonald discussed the following topics: a request to include leadership from the Park's department and input from the parks and recreation committee in the bike plan; the importance of sidewalks in the Northwest area; why no hike and bike path was created during the reconstruction on Laguna Shores; and the MPO needs to establish the cost for how many sidewalks can be completed within a year. 2. 23-0952 Memorial Day Recap by President & CEO Brett Oetting, Visit Corpus Christi President and CEO of Visit Corpus Christi Brett Oetting provided a recap about Memorial Day weekend as follows: economic impact; traffic counts; hotel occupancy rates; short term rental bookings; record weekends; hotel forecast; and hotel occupancy tax collections. Council Members and Mr. Oetting discussed the following topics: a request for the economic impact from tourism on the south side during Memorial Day weekend; the tourism survey will be posted soon on the Visit Corpus Christi website; the sports commission is addressing kiteboard launches; and the newly approved project financing zone allows for$192 million over 30 years for improvements at the convention center, along with a 600 room hotel. 3. 23-0954 2023 Bay Jammin' Concert and Cinema Series at Cole Park (June 1 -August 17) Bay Jammin' Director John Nelson announced the 33rd annual Bay Jammin' Concert and Cinema Series held at Cole Park from June 1-August 17. Concerts are held every Thursday from 7:30 p.m. to 10:00 p.m. consisting of 23 bands. Movies are held every Friday after dark. Bay Jammin' is a non-profit organization that is founded through corporate and private donations. Attendance at events is between 1,000 to 2,000 people. 4. 23-0951 Corpus Christi Fire Department 44th Academy Graduation (June 15, 2023 at 3:00 pm) Fire Chief Brandon Wade announced the Corpus Christi Fire Department's 44th Academy Graduation, with 31 firefighters graduating on Thursday, June 15 at 3:00 p.m. at Selena Auditorium. Each graduate completed 61 college credit hours. F. PUBLIC COMMENT Mayor Guajardo opened public comment. Shawn Flanagan, 4218 Herndon St., spoke in opposition to an environmental and sustainability department. Jonathan Martinez, 5745 Skylark, spoke about proposing a change to the City Ordinance by banning smoking in all parks. City of Corpus Christi Page 2 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 Bob Catalano, 201 Surfside Blvd. and Carrie Meyer 4401 Gulfbreeze Blvd., spoke in support of improvements at Surfside Park in North Beach. John Hendricks, 622 Texas Ave., stated that the maintenance of the Rose Hill Cemetery is not satisfactory. Melissa Zamora, 454 Louisiana Ave., spoke about the need for more environmentally sustainable jobs. Luke Duncan, 1230 County Road 22, spoke about an issue with a non award on a city contract bid due to minimal experience and stated his company plans to appeal the decision. Marc Graham, 13905 Forestay St., spoke about building a new skate park on North Padre Island. Maggie Peacock, 1773 Ennis Joslin Rd., Taylor Thorpe, 1773 Ennis Joslin Rd., and Marilena Garza, 1008 Marguerite St., spoke in support of an environmental and sustainability department. Adam Rios, 7301 Tangled Ridge Court, spoke about his Native American upbringing and about the bias from an older generation toward the younger generation. Jack Gordy, 3913 Montego Dr., spoke about the federal and Texas highway beautification project and about signs in violation. Melissa Nucete, 6530 Peacock Dr., spoke about animal care concerns and her frustration with the citation process. Rachel Caballero, 522 Hancock Ave., spoke about her concern with the way Item 8 was written and an issue with how open records requests are handled. Dustin Cronan, 5026 Yorktown Blvd., spoke about the progress on autism awareness. Lynn Frazier, 713 Snug Harbor, spoke about dirt donation regulations at North Beach. Ginny Cross, 602 N. Staples St., spoke about the United Chamber's advocacy trip from the Coastal Bend to D.C. on September 26-28. John Weber, 609 Naples St., spoke about the lack of transparency and in opposition to desalination. Victoria Holland, 235 Ohio Ave., spoke in support of a comprehensive maintenance plan and in opposition to an environmental and sustainability department. Francisco Dao, 804 Elizabeth St., spoke about having public launches available for City of Corpus Christi Page 3 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 kiteboarding. Catherine Barnes, 520 S. Chaparral St., stated her concern about how Certificates of Obligations are being used. Shirin Delsooz, 6030 Tapestry Dr., spoke about the need for safer bike paths in the City. John Flores, 5884 CR 73 Robstown, spoke about grievances and medical needs for persons with disabilities and those incarcerated. G. BOARD &COMMITTEE APPOINTMENTS: 5. 23-0985 Airport Board (1 vacancy) Civil Service Commission (1 vacancy) Civil Service Board (1 vacancy) Construction Trade Advisory & Appeals Board (9 vacancies) Senior Corps Advisory Committee (1 vacancy) Mayor Guajardo referred to Item 5. Airport Board: Appointed: Ricardo L. Talavera Jr. Civil Service Commission: Appointed: Raul E. Ramirez Civil Service Board: Appointed: Raul E. Ramirez Construction Trade Advisory and Appeals Board: Reappointed: Ronald E. Brister (Texas Professional Land Surveyor), Paul S. Cervantes (Master Electrician), Mike Dildy (Master Plumber), Jose L. Jimenez (Electrical Contractor), and Jared Merdes (Engineer) Appointed: Tommie A. Lee Sr. (HVAC Contractor), Leah Tiner (General Contractor), Ty J. Gentry (Plumber Contractor) Senior Corps Advisory Committee: Appointed: Stephanie M. Brown H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 6 - 27) Approval of the Consent Agenda City of Corpus Christi Page 4 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 Mayor Guajardo referred to the Consent Agenda. Council Members pulled Items 8, 10 and 11 for individual consideration. Council Member Klein moved to approve the consent agenda with the exception of Items 8, 10 and 11, seconded by Council Member Suckley. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 6. 23-0936 Approval of the May 23, 2023 Regular Meeting Minutes. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 7. 23-0842 Ordinance appropriating $858,584.84 from the unreserved fund balance in the PEG Cable Fund; authorizing execution of Amendment#1 to the service agreement with The Personal Computer Store, Inc., dba Avinext to complete the second phase of the audio and video media renovation to the City Council Chambers; and amending the FY 2023 Operating Budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033063 8. 23-0828 Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of its utility system senior lien revenue improvement and/or refunding bonds in one or more series (as designated by purpose and series) for water, wastewater, and stormwater utility improvements in an amount not to exceed $114,000,000 and refinancings in an amount not to exceed $186,645,000, within set parameters and according to the plan of finance set by the City's financial advisors; making provisions for the payment and security thereof by a first and prior 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; delegating the authority to the City Manager, Chief Financial Officer, Director of Finance and Procurement to execute documents relating to the sale of each series of bonds; and providing an effective date. Mayor Guajardo referred to Item 8. Council Members, Interim Director of Finance and Procurement Alma Casas, and Financial Advisor with Specialized Public Finance Victor Quiroga discussed the following topics: whether or not the debt obligates the City to future rate increases based on debt service; the $114 million is calculated into the current rate system with no rate increase to support the debt being proposed; and once the utility rate study is completed in July, the City will have a better understanding of whether they need to City of Corpus Christi Page 5 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 increase rates. Council Member Barrera moved to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 1 - Council Member Klein Abstained: 1 - Council Member Campos Enactment No: 033064 9. 23-0829 Ordinance authorizing the issuance of"City of Corpus Christi, Texas, General Improvement Bonds, Series 2023" for improvements to streets and parks and recreation facilities in an amount not to exceed $35,750,000 within set parameters and according to the plan of finance set by the City's financial advisors; levying a continuing direct annual ad valorem tax for the payment of the bonds; delegating authority to the City Manager, Chief Financial Officer, Director of Finance and Procurement to execute documents relating to the sale of the bonds; enacting other provisions incident and related thereto; and providing for an effective date. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033065 10. 23-0831 Ordinance authorizing the issuance of"City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2023A" for improvements to public safety facilities in an amount not to exceed $6,300,000, within set parameters and according to the plan of finance set by the City's financial advisors; providing for the payment of said certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said certificates by a lien on and pledge of the pledged revenues of the solid waste system; delegating authority to the City Manager, Chief Financial Officer, Director of Finance and Procurement to execute documents relating to the sale of the certificates; enacting other provisions incident and related thereto; and providing an effective date. Mayor Guajardo referred to Item 10. Council Members and Interim Director of Finance and Procurement Alma Casas discussed the following topics: a concern with using Certificates of Obligation for non-emergency issues; a Council Member's request to ensure Certificates of Obligation are used wisely and to consider allowing taxpayers to vote on them; and the City has $80 million in Certificates of Obligation, which is about 5% of total city debt. Council Member Barrera moved to approve the ordinance, seconded by Council City of Corpus Christi Page 6 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hernandez Enactment No: 033066 11. 23-0830 Ordinance authorizing the issuance of"City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 202313" for parks and recreation and solid waste improvements in an amount not to exceed $8,700,000, within set parameters and according to the plan of finance set by the City's financial advisors; providing for the payment of said certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said certificates by a lien on and pledge of the pledged revenues of the solid waste system; delegating authority to the City Manager, Chief Financial Officer, Director of Finance and to execute documents relating to the sale of the certificates; enacting other provisions incident and related thereto; and providing an effective date. Mayor Guajardo referred to Item 11. A Council Member stated he will be voting against this item because of the use of Certificates of Obligation. Council Member Barrera moved to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hernandez Enactment No: 033067 12. 23-0911 Ordinance authorizing the issuance of"City of Corpus Christi, Texas Limited Tax Notes, Series 2023", for street improvements in an amount not to exceed $3,500,000; levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; delegating authority to the City Manager, Chief Financial Officer, Director of Finance and Procurement to execute documents relating to the sale of the notes; enacting other provisions incident and related thereto; and providing an effective date. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033068 City of Corpus Christi Page 7 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 Consent- Contracts and Procurement 13. 23-0654 Motion authorizing the purchase of 41 bullet-resistant shields from GT Distributors, Inc. of Austin, Texas, through BuyBoard Cooperative, for the Corpus Christi Police Department in the amount of$154,059.50, with funding from the Police Grants Fund. This Motion was passed on the consent agenda. Enactment No: M2023-074 14. 23-0484 Motion authorizing execution of a three-year service agreement with Total Protection, Inc., through the GoodBuy Purchasing Cooperative, for security access control, ID badging systems services, and repairs for City facility access control in an amount not to exceed $511,080.00, with FY 2023 funding of$42,590.00 from various department funds. This Motion was passed on the consent agenda. Enactment No: M2023-075 15. 23-0826 Motion authorizing execution of Amendment#1 to the service agreement with SHI Government Solutions for$68,919.64 to renew Splunk data analysis software licenses for a one-year term, with FY 2023 funding from the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2023-076 16. 23-0913 Motion authorizing execution of a three-year agreement with SoftwareONE, Inc., of Milwaukee, WI, through Texas DIR, for $4,353,352.77 for renewal of the Microsoft Enterprise software license, with FY 2023 funding of $1,451,117.59 from the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2023-077 17. 23-0517 Motion authorizing execution of a one-year service agreement, with two one-year options, with Eurofins Environment Testing South Central, LLC, of Leola, PA, with an office in Corpus Christi, for an amount not to exceed $70,661.00 and a potential amount up to $211,982.00 if the options are exercised, for chemical analyses of water and wastewater samples, with FY 2023 funding of$29,441.94 from the Water and Wastewater Funds. This Motion was passed on the consent agenda. Enactment No: M2023-078 18. 23-0671 Resolution authorizing two one-year supply agreements, with two additional one-year options, with Aclara Technologies, LLC, of St. Louis, Missouri, to City of Corpus Christi Page 8 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 purchase meter transmission units for both Corpus Christi Water, in an amount not to exceed $3,207,013.33, and a potential of$9,621,039.99 if all options are exercised, and Gas Operations, in an amount not to exceed $2,615,991.05, and a potential amount of$7,847,973.15 if all options are exercised, with FY 2023 funding of$1,000,000.00 from Water Fund and $363,332.09 from Gas Fund. This Resolution was passed on the consent agenda. Enactment No: 033069 19. 23-0834 Motion authorizing execution of a three-year service agreement with McMahan Services, Ltd., of Cuero, with an office in Corpus Christi, in an amount not to exceed $420,550.00 for fire alarm and fire suppression services for the Asset Management Department, with FY2023 funding of $35,046.00 from the Facility Maintenance Fund. This Motion was passed on the consent agenda. Enactment No: M2023-079 20. 23-0839 Resolution authorizing a one-year supply agreement, with two one-year options, with Texas Waste Equipment, Inc., dba Heil of Texas, of San Antonio in an amount not to exceed $250,000.00, and a potential amount of $750,000.00 if options are exercised, for garbage truck parts for Asset Management-Fleet, with FY 2023 funding of$62,500.00 from the Fleet Maintenance Service Fund. This Resolution was passed on the consent agenda. Enactment No: 033070 21. 23-0899 Motion authorizing execution of a one-year service agreement, with two one-year options, with Loftin Equipment Company, of Phoenix, AZ, with an office in Universal City, Texas, in an amount not to exceed $467,180.00, and a potential amount up to $1,401,540.00 if options are exercised, for inspections, preventative maintenance, and repairs of generators in City facilities, with FY 2023 funding of$155,726.00 from the Facility Maintenance Fund. This Motion was passed on the consent agenda. Enactment No: M2023-080 22. 23-0982 Motion authorizing a six-month Shoreline Median Improvements agreement with zero option periods with Coastal Landscape Management & Design, LLC, to provide plants and landscaping services on medians along Shoreline Boulevard between Kinney Street and Louisiana Avenue in an amount not to exceed $150,927.34, with FY2023 funding from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2023-081 City of Corpus Christi Page 9 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 Consent- Capital Projects 23. 23-0285 Motion awarding a construction contract to CSE W-Industries of Houston, Texas, for electrical upgrades and an additional new backup generator at the Corpus Christi Police Department Headquarters, in an amount not to exceed $1,209,169.00, located in Council District 1 with FY 2023 funding available from the Bond 2018 Fund, and 2023 Certificates of Obligation. This Motion was passed on the consent agenda. Enactment No: M2023-082 24. 23-0631 Motion awarding a professional services contract to Plummer Associates, Inc., Corpus Christi, Texas, to provide engineering evaluation services for repairs and improvements needed at the O.N. Stevens Water Treatment Plant Filter Wash Water Recycle Pond, in an amount not to exceed of $120,133.00 with FY 2023 funding available from Water Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2023-083 25. 23-0633 Motion awarding a professional services contract to Hazen and Sawyer, Corpus Christi, Texas, to provide a condition and operational assessment; an alternatives analysis; and design, bid and construction phase services for flocculator replacement at the O.N. Stevens Water Treatment Plant, in an amount not to exceed $1,665,622.00 with FY 2023 funding available from Water Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2023-084 Consent-First Reading Ordinances 26. 23-0825 Ordinance authorizing an amendment in the amount of$79,923.00 to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with Cypress Point Capital, LLC, to fully fund the construction of a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; appropriating $79,923.00 from the Water Arterial Transmission & Grid Main Trust Fund to reimburse the developer in accordance with the agreement. This Ordinance was passed on first reading on the consent agenda. 27. 23-0902 Ordinance authorizing acceptance and future amendments of STI/HIV Prevention Services Grant for$269,815.00 from the Texas Department of State Health Services (DSHS); and appropriating $269,815.00 in the Health City of Corpus Christi Page 10 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 Grant Fund to provide STI/HIV prevention and control services for the period of September 1, 2023, through August 31, 2024. This Ordinance was passed on first reading on the consent agenda. J. LEGISLATIVE UPDATE: (NONE) K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:00 p.m. Executive Session Item 35 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:58 p.m. L. PUBLIC HEARINGS: (NONE) M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 28 - 34) 28. 23-0946 Resolution amending and extending the FY2020-2025 Infrastructure Management Plan to include Fiscal Years 2026-2028 and to focus more on street rehabilitation and preventative maintenance utilizing a pavement only approach for the remaining years of the Infrastructure Management Plan. Mayor Guajardo referred to Item 28. Director of Public Works Ernesto De La Garza presented information on the following topics: Infrastructure Management Plan (IMP) overview; programs overview; citywide street assessment; and pilot program summary. Council Members, City Manager Peter Zanoni, Director De La Garza, and Assistant City Manager Neiman Young discussed the following topics: a Council Member disagrees with how the list of streets was prioritized; the original IMP was created with community feedback; a Council Member expressed his concerns about the use of available resources; an amendment process is an option for the IMP; staff will use existing resources to add another pavement crew; a Council Member is uncomfortable with the IMP commitments; a Council Member commended staff for their efficient work on streets; a Council Member's concern that some street projects are behind from 2022; a request for an effortless search for constituents to view the list of streets on the City's website; and the importance of addressing sidewalks and gutters. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the resolution, seconded by Council Member Pusley. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 11 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033071 29. 23-0625 Ordinance rejecting the low bid of Iconx Operating LLC as non-responsive and non-responsible and awarding a construction contract to the second low bidder, Northstar Elite Construction & Consulting, LLC, Spring Branch, TX, for the West Guth Park improvements project in an amount of$1,656,379.39 located in Council District 1, with FY 2023 funding available from the Bond 2020 Proposition B Funds. Mayor Guajardo referred to Item 29. Director of Engineering Services Jeff Edmonds stated that this is a Bond 2020 project. The City received a fraudulent bid from the low bidder. Staff recommends awarding the contract to the second low bidder, Northstar Elite Construction & Consulting LLC. A Council Member and Director Edmonds discussed the following topic: Iconx Operating LLC submitted a fraudulent bid bond to the City. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Roy moved to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 30. 23-0651 Motion authorizing the purchase of a new custom ramped playground unit and swing set, with fabric shade structures, for Cole Park from Playcore Wisconsin, Inc., dba GameTime, via OMNIA Partners Cooperative, for $361,893.19, with funding from Bond 2022 Prop B (Parks and Rec). Mayor Guajardo referred to Items 30 and 32. Council Members, City Manager Peter Zanoni, and Director of Parks and Recreation Robert Dodd discussed the following topics: the new playground at Cole Park will be ADA accessible; a request that all future playground units include ADA accessible feautures; and the lifespan of the park equipment is 12 years. City of Corpus Christi Page 12 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-085 31. 23-0797 Motion awarding a professional services contract to HDR Inc., Corpus Christi, Texas, to provide professional engineering services to assess the condition of the 64-inch diameter Mary Rhodes Pipeline Phase I water transmission main in an amount not to exceed $2,580,261.00 with FY 2023 funding available from the Water Capital Fund. Mayor Guajardo referred to Item 31. Chief Operations Officer for Water Utilities Michael Murphy presented information on the following topics: project location; project scope; project deliverables; and project schedule. Council Members, Chief Operations Officer Murphy, Water Utilities Engineer Nick Winkelmann, and Project Manager with HDR Engineering Jerry Snead discussed the following topics: a Council Member's concern with the recommended survey rather than obtaining information from online research to determine whether soil conditions would have an impact on the Mary Rhodes Pipeline; a 20 mile assessment was done after the blowout of the Mary Rhodes Pipeline; the City is exploring a redundant pipe for Mary Rhodes Pipeline; what the structural integrity of the pipeline would be; staff needs to identify the major issues in order to create a bid to reconstruct the pipeline; HDR can present a design amendment if necessary; and a desire for more information on the design aspect. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the motion, seconded by Mayor Guajardo. This Motion was passed and approved with the following vote: City of Corpus Christi Page 13 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-086 32. 23-0628 One-reading ordinance authorizing a construction contract with SpawGlass Contractors, Inc. of Corpus Christi for the construction of new restrooms, parking lot and park amenities at Surfside Park in North Beach for a total amount of$5,996,091.00; appropriating $1,856,612.00 from the unreserved fund balance of the State Hotel Occupancy Tax Fund and transferring such funds to the SHOT Capital Improvement Program fund; amending the FY 2023 Operating and Capital Improvement Budgets, located in Council District 1, with FY 2023 funding available from the Park and Recreation Bond 2020 Fund and SHOT CIP Fund. Mayor Guajardo referred to Item 32. Council Members, City Manager Peter Zanoni, and Director of Engineering Services Jeff Edmonds discussed the following topics: a Council Member's concern with design-build contracts; several design-bid-build projects are over budget due to inflation; and to ensure projects are within budget. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on emergency and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033073 33. 23-0925 One-reading ordinance authorizing Change Order No. 5 with Anderson Columbia Co., Inc. of Corpus Christi for extension of the retaining wall for the Park Road 22 Bridge Project in the amount of$335,240 for a total amount not to exceed $15,604,483.60; appropriating $335,240 from the unreserved fund balance and transferring to Fund 3278 of Tax Increment Reinvestment Zone #2; amending the FY 2023 Operating and Capital Budgets; located in Council District 4 with funding available from Tax Increment Reinvestment Zone #2 Capital Fund. City of Corpus Christi Page 14 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 Mayor Guajardo referred to Item 33. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Suckley moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on emergency and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Pusley Abstained: 0 Enactment No: 033074 34. 23-0838 Ordinance amending Section 5-38 of the City Code to allow for a consolidated permit for short-term rental units within multifamily buildings with a sole operator; Providing for a penalty not to exceed $500 and publication. Mayor Guajardo referred to Item 34. Director of Planning Dan McGinn presented information on the following topics: STIR (short-term rental) ordinance modification; and staff recommends approval with the amendment. A Council Member and Director McGinn discussed the following topic: the newly approved permit process will begin January 1, 2024. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Suckley moved to approve the ordinance, seconded by Council Member Hunter and passed unanimously. Council Member Hernandez moved to amend the ordinance in Section 5-38 (c) to reduce 100 units to 40 units, seconded by Council Member Suckley. The motion passed unanimously. Council Member Suckley moved to approve the ordinance as amended, seconded by Council Member Hunter. This Ordinance was passed on first reading as amended and City of Corpus Christi Page 15 Printed on 6/23/2023 City Council Meeting Minutes June 13,2023 approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 N. BRIEFINGS: (NONE) O. EXECUTIVE SESSION: (ITEM 35) Mayor Guajardo referred to Executive Session Item 35. The Council went into Executive Session at 2:00 p.m. The Council returned from Executive Session at 2:58 p.m. 35. 23-0959 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 collective bargaining matters in the Agreement with the Corpus Christi Police Officers' Association, Chapters 143 and 172 of the Texas Local Government Code, other collective bargaining agreements as necessary, including potential approval in open session of matters related thereto as necessary. This E-Session Item was discussed in executive session. P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 5:17 p.m. City of Corpus Christi Page 16 Printed on 6/23/2023 1 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for 06/13/2023 - Second Reading Ordinance for 06/27/2023 DATE: June 13, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Amendment to Reimbursement Agreement with Cypress Point Capital, LLC — Caroline's Heights Unit 1 CAPTION: Ordinance authorizing an amendment in the amount of $79,923.00 to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with Cypress Point Capital, LLC, to fully fund the construction of a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; appropriating $79,923.00 from the Water Arterial Transmission & Grid Main Trust Fund to reimburse the developer in accordance with the agreement. SUMMARY: Cypress Point Capital, LLC purposed to construct a water arterial transmission grid main line to serve and develop a new planned residential development. The original cost estimate was from 11/04/2021 , however, due to the continual rise in material and construction costs the total amount of the project was higher than originally expected. The developer has requested an amendment to the reimbursement agreement by an increase of $79,923.00. The total reimbursement amount will be $551 ,371 .10. BACKGROUND AND FINDINGS: The original Construction Cost Estimate was projected on 11/04/2021 . Costs for those same items when construction began were considerably higher. For example, Water Items Quantity Original Price Current Price 12" PVC Pipe 3153 $90.00 $115.00 12" Tee 2 $2,000.00 $4,200.00 Fire Hydrant 5 $7,000.00 $8,000.00 Assembly 6"Dia x 30" PVC Pipe 15 $800.00 $1 ,100.00 Nipple These unforeseen cost increase from 2021 caused the cost to increase beyond the original total estimated construction cost. ALTERNATIVES: Approve the request or deny the amendment thereby preventing the developer from recouping the increased construction costs. FINANCIAL IMPACT: The total cost of the project was originally $484,907.78 less the $13,459.68 lot/acreage fee credit, the reimbursable amount is $471 ,448.10. The new total reimbursement amount is $551 ,371 .10. Amendment to the agreement requires appropriating $79,923.00 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse the developer per the agreement. FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The request is in accordance with UDC Section §8.5.1 .C. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibits) Presentation Location Map Ordinance authorizing an amendment in the amount of $79,923.00 to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with Cypress Point Capital, LLC, to fully fund the construction of a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; appropriating $79,923.00 from the Water Arterial Transmission & Grid Main Trust Fund to reimburse the developer in accordance with the agreement. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 10, 2021, to develop a tract of land, approximately 18.72 acres known as Caroline's Heights Unit 1; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Water Arterial Transmission and Grid Main Trust Fund and are appropriated by the City Council. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an amendment to the water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with Cypress Point, LLC ("Developer'), to increase the amount of reimbursement by $79,923.00 for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Caroline's Heights Unit 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of project delay, the City Manager or designee is authorized to execute an extension of the Agreement for a period not to exceed a period of 12 months. SECTION 3. Funding in the amount of$79,923.00 is appropriated from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund for reimbursement per the agreement. SECTION 4. This ordinance takes effect upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Amendment of Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement This is an amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement, attached hereto as Exhibit B and made a part hereof, originally dated February 2, 2023, by and between: Cypress Point Capital, LLC ("Developer/Owner), a Texas Limited Liability Company and the City of Corpus Christi ("City"). Whereas, the actual cost of the Water improvements exceeded the original cast estimate by $79,923. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement, with the following amendment as follows: SECTION 16. REIMBURSEMENT. a. The cost for the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement less $13,459.68 lot/acreage fee credit is $551,371.10. Subject to the conditions for reimbursement from Water Arterial Transmission and Grid Main System Trust Fund per the UDC and this Agreement, the City will reimburse the developer, the reasonable actual cost of the Wastewater Improvements up to an amount not to exceed $551,371.10 as shown in the attached Exhibit A, the contents of such exhibit being incorporated by reference into this Agreement. All other items and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective day of 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney 1 DEVELOPER/OWNER: Cypress Point Capital, LLC By: George Shaheen, Manager STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by George Shaheen, Manager of Cypress Point Capital, LLC, on behalf of said company. Notary Public's Signature 2 EXHIBIT A Cost Breakdown Original Contract Agreement Cost Actual Contract Agreement Cost Revision Request of Contract Agreement Water Items Qty jUnitjUnit Price Amount Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount 1 12"PVC Pie 3153 LF $90.00 $283,770.0 1 12"PVC Pie 3153 LF $115.00 $362,595.00 1 12"PVC Pie 3153 LF $25.00 $78,825.0 2 12"Cap Tapped 2 EA $3,500.00 $7,000.00 2 12"Cap Tapped 2 EA $3,500.00 $7,000.00 2 12"Cap Tapped 2 EA $0.00 $0.0 for 2" for 2" for 2" 3 12"Tee 8 EA $2,000.00 $16,000.0 3 12"Tee 8 EA $4,200.00 $33,600.00 3 12"Tee 8 EA $2,200.00 $17,600.0 12"Gate Valve 12"Gate Valve 12"Gate Valve 4 7 EA $5,000.00 $35,000.0 4 7 EA $5,000.00 $35,000.00 4 7 EA $0.00 $0.0 .w/Box wB ox wB ox 12"EL,Any 12"EL,Any 12"EL,Any 5 4 EA $1,200.00 $4,800.00 5 4 EA $1,000.00 $4,000.00 5 4 EA $200.00 $800.00 Angle Angle Angle Fire Hydrant Fire Hydrant Fire Hydrant 6 5 EA $7,000.00 $35,000.0 6 5 EA $8,000.00 $40,000.00 6 5 EA $1,000.00 $5,000.0 AssemblyAssemblyAssembly 6"Dia X 30" 6"Dia X 30" 6"Dia X 30" 7 PVC Pipe 15 EA $800.00 $12,000.00 7 PVC Pipe 15 EA $1,100.00 $16,500.00 7 PVC Pipe 15 EA $300.00 $4,500.0 Nipple Nipple Nipple 816"90°EL 4 EA $1,000.00 $4,000.00 8 6"90°EL 4 EA $1,000.00 $4,000.00 8 6"90°EL 4 EA $0.00 $0.0 EEe5 EA $2,500.00 $12,500.0 6"Gate Valve 6"Gate Valve 9 5 EA $2,500.00 $12,500.00 9 5 EA $0.00 $0.0 wB ox wB ox 10 Tie to existing 1 LS $15,805.00 $15,805.00 10 Tie to existing 1 LS $15,805.00 $15,805.0 water 12" water 12" SUBTOTAL $410,070.0 SUBTOTAL $531,000.00 SUBTOTAL $120,930.0 10%CONTINGINCIES1 S41,00770 10%CONTINGINCIES $0.00 10%CONTINGINCIES $41,007.0 SUBTOTALI $451,077.00 SUBTOTALI $531,000.00 SUBTOTALI $79,923.0 7.5%ENGINEERING,SURVEYING& 7.5%ENGINEERING,SURVEYING& 7.5%ENGINEERING,SURVEYING& TESTING $33,830.78 TESTING $0.00 TESTING $0.0 (Previously included) SUBTOTAL $484,907.78 SUBTOTAL $531,000.00 SUBTOTAL $79,923.0 LESS WATER AGREAGE FEE,18.72 LESS WATER AGREAGE FEE,18.72 LESS WATER AGREAGE FEE,18.72 AC@$719/AC $13,459.68 AC@$719/AC $0.00 AC@$719/AC $0.0 (Previously Included) TOTAL AMOUNT REIMBURSABLE $471,448.1 TOTAL AMOUNT REIMBURSABLE $531,000.00 TOTAL REVISED AMOUNT $79,923.0 REIMBURSABLE EXHIBIT B WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § r This Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ; ('Agreement')is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Cypress Point Capital, LLC ("Developer/Owner"), a Texas Limited Liability Company. WHEREAS,the Developer/Owner, in compliance with the City's Unified Development Code("UDC'), has a plat, approved by the Planning Commission on November 10,2021,to develop a tract of land,to wit approximately 18,720 acres known as Caroline's Heights Unit 1,in Corpus Christi Texas as shown in the attached Exhibit 1,the content of such exhibit being : incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid Main Extension ("Grid Main Extension*). WHEREAS, it is in the best interests of the City to have the Grid Main Extension constructed to its ultimate capacity under the City's applicable Master Plan. WHEREAS,Section 8.5.1.c. of the UDC authorizes the acceptance of applications to be , eligible for reimbursement in the future when certain funds become available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS,the Developer/Owner has submitted an application for reimbursement of the ; costs of extending a Grid Main Extension as show in Exhibit 2,the content of such exhibit being incorporated by reference into this Agreement. NOW,THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5.The City is acting as trustee to further its governmental functions of providing water and sewer service.Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit.As such,the City's participation as Trustee does not create a loan of its credit. Execution of I this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose, and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's. assets.The City is excluded from personal liability. 2. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Grid Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws,11 } t codes and regulations,in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 3. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of , Texas and acceptable to the City's Development Services Engineer,to prepare plans and specifications for the Grid Main Extension,as shown in the attached Exhibit 3, the content of such exhibit being'incorporated by reference into this Agreement,with the following minimum requirements: WAM REIMS QUA4IM UNIT 1 12"PVCPIPE 3153 LF P82 "CAPTAPPEDFOR2" 2 EA 3 TfE 8 EA 4 12"GATE VALVE W/M 7 EA 5 12"EL,ANYAPI6LE 4 EA i 6 FIRE HYIRiAWrASSENBLY 5 EA 7 S"0%x3WFVCPI BKIPP1F 15 EA V 9V EL 4 EA 9 164eKIEVALVEMM 5 EA b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction,the pians and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Grid Main Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements'), if any,necessary for the completion of the Grid Main Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts,then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. S. DEVELOPERIOWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Grid Main Extension,under the approved plans and specifications,within 24 months of the approval of this Agreement by City Council. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 2 of 12 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement If this Agreement calls for review or inspections by the City,then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner falls to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the My Council. c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer/Owner's contractor falls to complete construction of the project,under the approved plans and specifications, on or before 24 months of the approval of this Agreement by City Council. f. Either the City or the Developer/Owner otherwise falls to comply with its duties or obligations under this Agreement. 10. NOTICE AND CURE. a. In the event of a default by either party under this Agreement,the non-defaulting party shall deliver notice of the default, in writing,to the defaulting party stating, in sufficient detail,the nature of the default and the requirements to cure such default. b. After delivery of the default notice,the defaulting party has 15 business days from the delivery of the default notice CCure Period"}to cure the default c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 3 of 12 d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner,at the address stated in section 12, of the need to perform the obligation or duty and,should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice,the City may perform the obligation or duty,charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner,after the appropriate notice and Cure Period,the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project;and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such-performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement,then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period,the Developer/Owner has all its remedies at law or in equity for such default. 11. FORCE MAJEURE. a. The term"force majeure"as employed in this Agreement means and refers to acts of God;strikes,lockouts,or other industrial disturbances;acts of public enemies, insurrections;riots;epidemics; landslides; lightning;earthquakes;fires;hurricanes; storms;floods;washouts;droughts;arrests;civil disturbances;explosions;or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure,either party is rendered wholly or partially unable to carry out its obligations under this Agreement,then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10)business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice,to the extent affected by the force majeure,are suspended during the continuance of the inability claimed but for no Ionger period,and the party shalt endeavor to remove or overcome such inability with all reasonable dispatch. 12. NOTICES. ' a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: WASTEWATER COLLECTION UNE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 4 of 12 1. If to the Developer/Owner: Cypress Point Capital,LLC 61 Bare Le Doe Corpus Christi,TX 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P.O. Box 9277 Corpus Christi,Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P.O.Box 9277 Corpus Christi,Tekas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail,certified, return receipt requested, postage prepaid;by a commercial delivery service that provides proof of delivery, delivery prepaid;or by personal delivery. c. Either party may change the address for notices by giving notice of thechange under the provisions of this section. 13. THIRD PARTY BENEFICIARY Developer/Owner's contracts with the p!ofessional engineer for the preparation of the plans and specifications for the construction of the Collection Line,contracts for testing services,and contracts with the contractor for the construction of the Collection Line must provide that the City is a third-party beneficiary of each contract. 14. PERFORMANCE AND PAYMENT BONDS- Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christ if the contract is in excess of$100,000 and a payment bond If the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503,Texas Government Code 2253,and all other applicable laws and regulations.The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor,the Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address,physical address,and telephone number, including the area code,of the surety company to which any notice of claim should be sent;or WASTEWATER COLLECTION UNE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 5 of 12 (2)the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B,Chapter 521, Insurance Code,and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 15. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Grid Main Extension and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 16. REIMBURSEMENT. a. The cost for the Grid Main Extension less$13,459.68 lot/acreage fee credit is ` $471,448.10.Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds,the City will reimburse the developer the reasonable actual cost of the Grid Main Extension up to an amount not to exceed$471,448.10•as shown in the attached Exhibit 4,the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds,the City agrees to reimburse the Developer/Owner monthly upon invoicing for work performed.The submitted invoice shall be deemed administratively complete by the City prior to payment.The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed Form provided by the Development Services Department 2. Contractor and professional services invoices detailing work performed , 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACK for the previous submittal.The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement,the worts must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. The final 5%of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 6 of 12 j I i I j . I ° ° i • i e. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements,then the City shall only reimburse the Developer/Owner for its costs that were Iegitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. i 17. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. l All payments,credits,priority of reimbursement,and deferred reimbursement shall be made in accordance with UDC§8.5.Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available,appropriated,and this Agreement has priority per UDC§8.5.1.C. i 18. INDEMNIFiCATION. Developer/Owner covenants to fully indemnify, save and hold ; harmless the City of Corpus Christi, its officers, employees, and agents, ("Indemnitees")against any and all liability,damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the i foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to-the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, -either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide e city wastewater service to the development,including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any.manner connected i with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, i regardless of whether the injury,damage, loss,violation,exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and ; WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 7 of 12 i i -attorney's fees, which arise, or are claimed to arise, out of or in ' connection with the asserted or recovered incident. 1 This indemnity specifically includes all claims, damages, and ; liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial ' on -the property or the transportation to or from the property of any hazardous substance. The fees for which the developerlowner shall be responsible under this subparagraph shall include but-shall not be limited to the fees charged by (1) attorneys, (11) environmental consultants, {iii) engineers, (iv) surveyors, and (v) expert witnesses. ! I (b) any costs incurred attributable to (1) the breach of any warranty or representation made by Developer/Owner in i this agreement, or (ii) any cleanup, detoxification, remediation;;or other type of.response action taken with l respect to any hazardous substance on or under the property regardless of whether that action was mandated by the federal, state or local government. ; This indemnity shall survive the expiration or earlier termination ; of the agreement. 19.ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City ; Manager. 20. DISCLOSURE OF INTEREST. Developer/Owner agrees:in compliance with the Corpus Christi Code of Ordinance Sec. 2-349,to complete,as part of this Agreement,the Disclosure of interest form attached to this Agreement as Exhibit 5. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION ; AND REIMBURSEMENT AGREEMENT . I Page 8 of 12 7 j 1 21. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs,successors,and assigns from 1 and after the date of final execution by all parties. 22. DEDICATION OF COLLECTION LINE. Upon completion of the construction,dedication of Grid Main Extension wilt be subject to City inspection and approval. I 23. CERTIFICATE OF INTERESTED PARTIES. i Developer/Owner 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 requires disclosure of interested parties"with respect to entities that enter r contracts with cities.These interested parties include: I (1) persons with a"controlling Interest"in the entity,which Includes: a. an ownership interest or participating interest in a business entity by virtue of i units,percentage,shares,stock or otherwise that exceeds 10 percent b. membership on the board of directors or other governing body of a business entity of which the board or other governing body Is composed of not more than 10 members;or c. service as an officer of a business entity that has four or fewer officers,or service as one of the four officers most highly compensated by a business entity that has i more than4bur officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary,adviser or attorney for the business entity. i Form 1295 must be electronically filed with the Texas Ethics Commission at httns:Nwww.ethics.state.tx.us/whatsnewleff info form1295.htm. The form must then be printed,signed,notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at httos://www.ethics.state.tx.us/legaUch46.html. 24. CONFLICT OF INTEREST j Developer/q.wner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine If you need to file a Form CIQ, please review the information on the City Secretary's website at h ://www.cctexas.com/ ovemment/c' = secretarv/conflict disclosurerndex , 25. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the j authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. i WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT i Page 9 of 12 1 I Remainder of page intentionally left blank;signature page to follow. E WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION ! AND REIMBURSEMENT AGREEMENT Page 10 of 12 ' I EXECUTED IN ONE ORIGINAL this c� day of 202 ; u ATTEST CITY-OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III City Secretary Director of Development.Services THE STATE OF TEXAS § €"EMIL ! " § .�. COUNTY OF NUECES § � � b This instrument was acknowledged before me on y S' Albert J. Raymond I II, Director of Development Service for the City of Corpus Christi, Texas. Y '�. JOANN SALINAS PGe iy i Notary Public,state of Texas Comm.Expires 03 02-2026 Notary ID 133621810 4rrrn Not Public's Signature Approved to Legal Form: Buck Brice Assistant City Attorney I i 1VASTEWATER COLLECTION LINE EXTENSION CCNSTRUCTICN AND REWURSENTENT AGREEMENT Page 11 of 12 y f - � DEVELOPERIOWNER: Cypress Point Capital, LLC 61 Bare Le Doc Corpus Christi,TX 78414 sy: George Shahee Manager i STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on `� ,2022, by George Shaheen,manager,on behalf of Cypress Point Cap'ttai,LLC. o{•*"'� BETTY DEREESE ota ublids Signature : Notary W#4751441 ; My Commission Expires 'FOF June 2,2423 i WASTEWATER COIECTiON UNE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT i I `• Page 12 of 12 i • I . i x EXHIBIT 1 1. iPe Rrag6 wa Iw x 9m«Rua A,Pgr fiNM 1Ns wmiRn 0 x w0 wml.lq iR«Nrq oNmOns Am 00.M0E 9W[t 8[o6N6m 6Y x oaadw W aAorVn x Aaw618[Ose ea V6 oxo eN a 6 9rmNwm q q IwmARa4«ma w6m«mYD Ratio nvOPswV xir.Pn90I«a P«Pa[x DRr69as« �icwtc at,�R[/tlxP M worm bCd@WL�b u�v]mx affirm� I.fWI@VR m lYS YAIwR4PWt IYN6 d WCtP6S[00119 Y9II[. tl/dt d i0w 9 u�m D6 A[aRYIG Wa q Y0M19a wwaDBU'u5L tt.YDxa9 MO(If t8d p0[9(4at«6wN raNa L t16 Bq6 d BtID K9 61N[9WC d 10'M W�Af 01P['..GtM[02 WD 19a, t4[1099PIAM DWOdWd PwN1 apt 9t 9WgYD M taf m x 1tf)O(1PUa1 q9 8[W1APm 1an16 d tS[Ca fly 9 4 x SORf[CI Sw 8 0@Ela««IWGOtlAt�09q[R199Cmi01 6VLv@ POssOu�flPylm�PO1AW g9glw/ttlraS 9f MRCa OUMY«RWN91/G0ARfl011. 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IL qn I�MW nN[ Yt9 ftl6r OW611R0 NI.OR@ P[R IDL 9Ga d 10«S i. iR lw!SwLL a IN I960w1 SUDRNO@, i i4 xmoaw @Oran n.Ow ngsmMs smut se Yi vwm Mq@M qwc x ax�r eaa6ni6 sPsrata ar x 98Rsw awo-iaaa saam srua omPl,mlr.ass x_ xv x ld ssc¢ wwwnttl m°"t7i coxRui nunm-xw¢p m�n"xarsx swn d ma 0 auxrrd Yrsaxs 9 w dIw 11gcN sxw aM6°Nr w ANwm`a"9 x w9m,aAv q9 om,A1°O1mM ieR x+¢«RaVza Am ew6oaawn aamr aNmxm sr�a svq 9 Whiff d N{6[O 9 nT x flii«q d M l4P@i 006@m 1109a8f Rq NYPW@ q x omAaMax!d ONan«0R 9aIXa d 116 eaf d Wuus 666Yt tOpf saa �[p1t p� IPNI L 9CM[fi sarz d saq 0 ` enann@6 aPs� mmrr d Mass p RDI@ uamalair r961CDaam9m 900K Mc w �— x_osr D m_. 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NfboaIsTi1 ANNINGOOMMMON NUECES.toi, sc9 r"w 6�4osr corn aAs m6 as Am NPw«artwma wA"srAw0Ac"V6 uo1 TEXAS nNMew9n.w9 _. — 9A,C R¢IteR ONLD/« BASS & WELSH��-EpNo�GI�+N�EERING — 'i'R �en 1/ -frit.me ra.ncoE. .fw'a°e"aa'crtmpa;'.wv wvowua EX"IBIT 7 HENCNNARKS ^" 1189.11'ea a at - fma0. q4e fw.m foam foam tfn.m _waa• atm itlaela ti@aF 04 MAAatt. 0 PLAN I!E�'1' a zEn zf�a a ar me\ava wau u n u a else u of u ♦ afvza u a eean u I uw v PLANNING COMM,".] —ab , �_�'_'�'•—_—_Timr`f�i•arS�cTRsiiE,7r---_—_-- C �@\i —=foo:i3'—`` `•�,` -.� a r axo a �. /I ( I g `` R w1 st `Ez.mk \` •`^-I a ,�ie:c u i i� i i I I I I x I I P. ----- IL ' ----- F — — ---- IJ I ti I�_J^_ ILxvY_KKJ y -- n-:_DAM 'z I o ,ro � `•,LI =1(� Eranu eu a o°.m�r p1W lr §� afaru I , I I I �ammev vi I Os a -� Q __P�'_ —tcm _ _S1F:g—� _�_— _�.9x'—_ �� � 4^y-� I� Oc Karoo• i „hh�.FJFJJ �.lyl ______ \l � C '` -- IZ r' Y J���,.._ <r I pyo•mov 1 C slam "�•/y / I \ nai• oW EYC �� y)� -s— aaafeu ( eJY• a�C ( '�I ufoi a I� `�et2ii�u � efwi u efefs u a efafi u 'I e�a I� Oimarm Utas ar PLAT OF i ° -- -- -- `----- ----- ----- -----o---- -- -� L G IT a tE>�• �m ��. CAROLINE'S S HEI HTS UN 9 _—. _ -• - ,, ____.__._. . _ _S8911,20,v 877.72' -NUECES COUNTY; TEXAS -'— -- 1 Fd " uea.,�c...,.u.-tii.\aumzrE m ffn eafwfeare. BASS pp&WpfUSH -�EN99G��INaEE� - ' IC WPRis IEwV�)ase stir e v e EXHIBIT 2 i APPLICATION FOR NATER LINE CREDIT i We,Cypress Point Capital,LLC,61 Bar le Doo,Corpus Christi,Texas 78414,owners and developers of proposed I Caroline's Heights Unit 1 subdivision,hereby apply for$13,459.68 credit towards the water acreage fee for the installation of the 12"Water Grid Main in conjunction with Caroline's Heights Unit 1 subdivision,as provided for by City Ordinance No.17092.$484,907.78 is the construction cost,including 7.5%Engineering,Surveying,and ; Testing,as shown by the cost supporting documents attached herewith. George Shaheen, resident (Date) i i THE STATE OF TEXAS § I COUNTY OF NUECES § �JU This instrument was acknowledged before me on 2021,by F George Shaheen,President of Cypress Point Capital,LLC,on behalf of fe said corporation. j I BETTY DEREESE Notary ID#4751441 My Commission Expires otaryublic in and for Nueces County,Texas 't avfi` June 2,2023 CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of$-LJ, C$ is herewith approved. velopment Services Engineer (Date) ' f I r i , EXHIBIT 2 APPLICATION FOR WATERLINE REIMBURSEMENT We,Cypress Point Capital,LLC,61 Bar le Doc,Corpus Christi,Texas 78414,owners and developers bf proposed Caroline's Heights Unit 1 subdivision,hereby request reimbursement of$471,448.10 for the installation of the 12"Water Grid Main in conjunction with Caroline's Heights Unit 1 subdivision,as provided for by City Ordinance No.17092.$484,407.78 is the construction cost,including 7.5%Engineering,Surveying,and Testing in excess of the acreage fee,as shown by the cost supporting documents attached herewith. 4o George Shaheen, esident (Date) ; , THE STATE OF TEXAS § , COUNTY OF NUECES § This instrument was acknowledged before me on� 2021,by ( George Shaheen,President of Cypress Point Capital,LLC,on behalf of thaid corporation. ! — — BETTY DEREE5E Notary ID#4751441 My Commission Expires Notary nblic in and for Nueces County,Texas 'rEartE June 2,2023 ! ' f CERTIFICATION j The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a)Sufficiency of funds in the Grid Main Trust Fund,and i (b)Appropriation and approval by the City Council. f 11 Feb 2,0 2Z. Development Services Engineer (Date) , f Ila _ill og N $: a 999 a 8Is LF— MI It b 6 q N .! ♦ O O O Ab Bq m " d � C■ 9 B t �t�1 [6 � !7 4 bi D � � g °$ t cn � R � s, g tr' n ° •° I n [a I I 9 n j9 tl ��} elae � v b;cc�If o �Y � ¢ x o I$ dat4 3i.11 - � � � nountl°ss:es •, � o � Hi$l . .. . . . . . . . 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BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NfxMW@aol.com TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 EXHIBIT 4 15039-PCE-12" 11/G412021 CAROLINE'S HEIGHTS REIMBURSEMENT COST ESTIMATE 12"GRID MAIN WATER IMPROVEMENTS REIMBURSABLE BY CITY WATER ITEMS QUANTITY UNrr UNITPRICE AMOUNT 1 12"PVC PIPE 3153 LF 40.00 283,770.00 2 12"CAP TAPPED FOR 2" 2 EA 3 500.00 7,000.00 3 12"TEE 8 EA 2,000.00 16,000.00 4 12"GATE VALVE W/BOX 7 EA 51000.00 35,000:00 S 12"EL,ANY ANGLE 4 EA 1,200.00 4,800.00 6 FIRE HYDRANT ASSEMBLY S EA 7,000.00 35,000.00 7 6"DIA X 30"PVC PIPE NIPPLE 15 EA 800.00 12,000.00 8 6"90"EL 4 EA 11000.00 4,000.00 9 6"GATE VALVE W/BOX 5 EA 21500.00 12,500.00 SUBTOTAL 410,070.00 [tG OF rF,� 10%CONTINGINCIES 410 ....... SUBTOTAL $451,077.00 -p M. q 7.5%ENGINEERING,SURVEYING&TESTING 33.$30.78 SUBTOTAL $484,407,78 dr LESS WATER AGREAGE FEE,18.72 AC @$719/AC —13.459.68 TOTAL AMMOUNT REIMBURSABLE $471,448,10 4 I Page 1 of 1 DocuSign Envelope ID:24303BAE-268D4AOD-9180-1EA243127E79 . " EXHIBIT 5 - DISCLOSURE OF INTERESTS Development Services Department. 2406 Leopard St.Corpus Christi,TX 78406 1 Phone:361.826.3240 1 p:atapplicationrscctexos.com 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". NAME: Cypress Point Capital LLC STREET: 61 Bar Le DOC CITY: Corpus Christi Texas ZIP: 78414 FIRM is: * Corporation ❑ Partnership ❑Sole Owner ❑Association ❑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) None 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 Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission, or Committee None 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked 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 Consultant None CERTIFICATE (To Be Notarized) 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: George Shaheen Title: Managing Member (Print) Signature of Certifying Person: Date: Dec. 22, 2021 Land Development Division I Forni No.4011 Revised 6113/19 1 Page 1 of 2 DocuSign Envelope ID:24303BAE-26BD4AOD-9180-1FA243127E79 DEFINITIONS EXHIBIT 5 Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone.361.826.3240 1 platopplcation@cctexos.com i a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "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. j c. "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. d. "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. e. "Ownership Interesf. 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 holding or control established through voting trusts, proxies or special terms of venture or partnership: agreements. f. "Consultanf.. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. I i i s Land Development Division I Form No.4011 Revised 6/13/191 Page 2 of 2 Amendment to Reimbursement Agreement Ordinance authorizing an amendment in the amount of $79,923.00 to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with Cypress Point Capital, LLC, to fully fund the construction of a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; appropriating $79,923.00 from the Water Arterial Transmission & Grid Main Trust Fund to reimburse the developer in accordance with the agreement. City Council June 13, 2023 Amendment to Reimbursement Agreement - Aerial Overview - he Promenade It N Swan Village Ph1 The Proposed Caroline's Heights Unit 2 Amendment to Reimbursement Agreement - Location Map - u � w rr 44 T6, n U � rel I N t77 The proposed Caroline's Heights Unit 1 subdivision will be located on PROPOSED CAROLINE HEIGHTS `" FM 2444 on CR 43 as UNIT? - E-"- depicted in RED. Amendment to Reimbursement Agreement Water Master Plan - Proposed Water Master ----------------------..--US----------'------- u�`k ��� Plan ---US--------- -i------ Plan Amendment: South of Oso Creek V? Met Infrastructure -1P,p d12-1011h(W-1) Pm0 SlaEons Y —1- 41, "Pm d>15-h(1--) —12-6-h 2-Kilk 1 1U1 y YC q N>16 edw 3 S.Plm O.N.5W—WWT—".MP1.* 4 S—dA�, 6 W.Ad Si I..L io PVC 7.F12 PVC 42 DIP W&A Call W. 0 R.W Mg. 0 z 04 0.6 0-8 7.H* Proposed Caroline's Heights Unit 1 is consistent the Water Master Plan and is near other subdivisions recently developed. 4 Amendment to Reimbursement Agreement - Cost Breakdown - Original Contract Agreement Cost(11/04/21 pricing) Actual Contract Agreement Cost Revision Request of Contract Agreement Water Items Quantity Unit Unit Price Amount Water Items Quantity Unit Unit Price Amount Water Items Quantity Unit Unit Price Amount 1 12"PVC Pipe 3153 LF $90.00 $283,770.00 1 12"PVC Pipe 3153 LF $115.00 $362,595.00 1 12"PVC Pipe 3153 LF $25.00 $78,825.00 2 12"Cap Tapped for 2" 2 EA $3,500.00 $7,000.00 2 12"Cap Tapped for 2" 2 EA $3,500.00 $7,000.00 2 12"Cap Tapped for 2" 2 EA $0.00 $0.00 312"Tee 8 EA $2,000.00 $16,000.00 312"Tee 8 EA $4,200.00 $33,600.00 312"Tee 8 EA $2,200.00 $17,600.00 4 12"Gate Valve w/Box 7 EA $5,000.00 $35,000.00 4 12"Gate Valve w/Box 7 EA $5,000.00 $35,000.00 4 12"Gate Valve w/Box 7 EA $0.00 $0.00 5 12"EL,Any Angle 4 EA $1,200.00 $4,800.00 5 12"EL,Any Angle 4 EA $1,000.00 $4,000.00 5 12"EL,Any Angle 4 EA $200.00 $800.00 6 Fire Hydrant Assembly 5 EA $7,000.00 $35,000.00 6 Fire Hydrant Assembly 5 EA $8,000.00 $40,000.00 6 Fire Hydrant Assembly 5 EA $1,000.00 $5,000.00 6"Dia X 30"PVC Pipe 6"Dia X 30"PVC Pipe 6"Dia X 30"PVC Pipe 7 Nipple 15 EA $800.00 $12,000.00 7 Nipple 15 EA $1,100.00 $16,500.00 7 Nipple 15 EA $300.00 $4,500.00 8 6"900 EL 4 EA $1,000.00 $4,000.00 8 6"900 EL 4 EA $1,000.00 $4,000.00 8 6"900 EL 4 EA $0.00 $0.00 9 6"Gate Valve w/Box 5 EA $2,500.00 $12,500.00 9 6"Gate Valve w/Box 5 EA $2,500.00 $12,500.00 9 6"Gate Valve w/Box 5 EA $0.00 $0.00 0 Tie to existing water 12" 1 LS $15,805.00 $15,805.00 0 Tie to existing water 12" 1 LS $15,805.00 $15,805.00 SUBTOTAL $410,070.00 SUBTOTAL $531,000.00 SUBTOTAL $120,930.00 10%CONTINGINCIES $41,007.00 10%CONTINGINCIES $0.00 10%CONTINGINCIES $41,007.00 SUBTOTAL $451,077.00 SUBTOTAL $531,000.00 SUBTOTAL $79,923.00 7.5%ENGINEERING,SURVEYING&TESTING $33,830.78 7.5%ENGINEERING,SURVEYING&TESTING $0.00 7.5%ENGINEERING,SURVEYING&TESTING $0.00 (Previously included) SUBTOTAL $484,907.78 SUBTOTAL $531,000.00 SUBTOTAL $79,923.00 LESS WATER AGREAGE FEE,18.72 AC@$719/AC $13,459.68 LESS WATER AGREAGE FEE,18.72 AC@$719/AC $0.00 LESS WATER AGREAGE FEE,18.72 AC@$719/AC $0.00 (Previously Included) TOTAL AMOUNT REIMBURSABLE $471,448.10 TOTAL AMOUNT REIMBURSABLE $531,000.00 TOTAL REVISED AMOUNT REIMBURSABLE $79,923.00 5 Amendment to Reimbursement Agreement - Recommendation - Approval The request submitted by the applicant for cost amendment for the $79,923.00 increase in the construction cost is in accordance with UDC 8.5. 1.C. FM 2444 46 M 'M U .F.., k * t r � A r 0 5001,000 Date Created:12/20/2021 Feet Prepared By:ReyR Department of Development-Services o,Q`rTo o �N N PROPOSED CAROLINE'S —FM-2444 HEIGHTS UNIT 1 N SUBJECT PROPERTY N ■_■►1■ w Map Scale: 1:5,000 s Cityf Corpus LOCATION MAP Christi so �o o� A PH v AGENDA MEMORANDUM µoRPORPg4 First Reading for the City Council Meeting June 13, 2023 1852 Second Reading for the City Council Meeting June 27, 2023 DATE: June 13, 2023 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK(o)-cctexas.com 361-826-7202 Acceptance of the Sexually Transmitted Infections/Human Immunodeficiency Virus (STI/HIV) Prevention Services Contract for the Corpus Christi — Nueces County Public Health District in the amount of$269,815 and appropriation of the funds for the contract period of September 1, 2023, through August 31, 2024 CAPTION: Ordinance authorizing acceptance and future amendments of STI/HIV Prevention Services Grant for $269,815.00 from the Texas Department of State Health Services (DSHS); appropriating $269,815.00 in the Health Grant Fund to provide STI/HIV prevention and control services for the period of September 1 , 2023 through August 31 , 2024; and authorizing three grant positions. SUMMARY: The Texas Department of State Health Services ("DSHS") has awarded a grant contract in the amount of $269,815 to control and prevent the spread of Sexually Transmitted Infections (STIs), including Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) and viral hepatitis within the jurisdiction of the Corpus Christi- Nueces County Public Health District (the "CCNCPHD"). BACKGROUND AND FINDINGS: Purpose of the grant: The primary purpose of the grant is to: • Investigate and report new cases of Syphilis and HIV to DSHS • Intervene in the spread of new cases of syphilis, HIV, chlamydia, and gonorrhea through testing, treatment, and disease investigation • Prevent cases of congenital syphilis through disease reporting, disease investigation, and disease intervention Personnel funded: 0 3 FTE • .3 of one FTE (the rest of the FTE's salary is then paid for by another grant, the HIV Surveillance grant) • All positions are currently filled History of the grant: • The CCNCPHD has been awarded this grant for more than 20 years. Funding Source: • Texas Department of State Health Services • Budget: 269,815 o Personnel (Including salary and fringe): 227,973 o Travel (including mileage for field visits to clients): 5,240 o Supplies (Including STD/HIV test kits): 36,602 Counties impacted by grant: This grant serves multiple counties for communicable disease reporting and investigations. The following counties fall under the jurisdiction of the CCNCPHD related to this grant: • Nueces • Kleberg • Aransas • Refugio • San Patricio Grant Achievements in 2022 • 2,242 Field Investigations for positive cases of Syphilis and HIV • 104 Investigated 104 cases of Congenital Syphilis ALTERNATIVES: Refuse the grant and discontinue offering services to: • Investigate new cases of Syphilis and HIV • Intervention in the spread of new cases of syphilis, HIV, chlamydia, and gonorrhea • Prevent cases of congenital syphilis FISCAL IMPACT: There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831822F Department Number: 15 Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001315900002 Ordinance Certification of Funds Ordinance authorizing acceptance and future amendments of STI/HIV Prevention Services Grant for $269,815.00 from the Texas Department of State Health Services (DSHS); and appropriating $269,815.00 in the Health Grant Fund to provide STI/HIV prevention and control services for the period of September 1, 2023 through August 31, 2024. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant for $269,815.00 from the Texas Department of State Health Services for the contract period September 1 , 2023, through August 31 , 2024, to provide STI/HIV prevention and control services. SECTION 2. Funds in the amount of $269,815.00 are appropriated in the Health Grants Fund No. 1066 to be used to provide for personnel costs, supplies, and other expenses to offer services and associated activities to prevent and control HIV, Syphilis, Chlamydia, and Gonorrhea within the jurisdiction of the Corpus Christi-Nueces County Public Health District. SECTION 3. The City Manager or designee is authorized to execute any future amendments to the Contract which extend the contract period or increase or decrease the amount of the grant. SECTION 4. A copy of the executed health grant contract and amendments shall be filed in the office of the City Secretary. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 DocuSign Envelope ID:5197B00l-613131-482F-AF2D-964659847D67 .�y TERAS Health and Human Texas Department of State Health Services �. Services Jennifer A.Shuford„M.D.,M.P.H. Commissioner Dr. Fauzia Khan, Director of Public Health Corpus Christi-Nueces County Public Health District (City) 1702 Horne Road Corpus Christi, Texas 78416-1902 Subject: Sexually Transmitted Infections/Human Immunodeficiency Virus (STI/HIV) Prevention Services Contract Contract Number: HHSOO13159OOOO2 Contract Amount: $269,815.00 Contract Term: September 1, 2023 through August 31, 2024 Dear Dr. Khan: Enclosed is the STI/HIV Prevention Services contract between the Department of State Health Services and Corpus Christi-Nueces County Public Health District (City). The purpose of this contract is to control and prevent the spread of Sexually Transmitted Infections (STIs), including Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) and viral hepatitis. Please let me know if you have any questions or need additional information. Sincerely, Amber Vasche, CTCD, CTCM Contract Manager amber.vasche(&dshs.texas.aov P.O. Box 149347•Austin,Texas 78714-9347• Phone:888-963-7111 • TTY:800-735-2989 • dshs.texas.gov DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES GRANT AGREEMENT, CONTRACT No.HHS001315900002 UNDER THE STI/HIV PREVENTION SERVICES GRANT PROGRAM The parties to this agreement ("Grant Agreement" or "Contract") are the Department of State Health Services ("DSHS" or "System Agency"), a pass-through entity, and Corpus Christi-Nueces County Public Health District (City) ("Grantee"), having its principal office at 1702 Horne Road, Corpus Christi, Texas 78416 (each a "Party" and collectively the "Parties"). 1. PURPOSE The purpose of this Contract is to provide funding to control and prevent the spread of Sexually Transmitted Infections (STIs), including Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) and viral hepatitis. II. LEGAL AUTHORITY This Grant Agreement is entered into pursuant to the provisions of Texas Health and Safety Code Chapter 12 and Texas Government Code Chapter 791. 111. DURATION The Contract is effective on September 1, 2023 and terminates on August 31, 2024, unless sooner terminated or renewed or extended. System Agency, at its sole discretion, may extend this Contract up to four(4) additional years for a maximum term of five (5) years. IV. STATEMENT OF WORK The Parties agree to cooperate to provide necessary and authorized services and resources in accordance with the terms of this Contract. Specific services provided are described in ATTACHMENT A,STATEMENT OF WORK. V. BUDGET AND INDIRECT COST RATE The total amount of this Contract will not exceed $269,815.00. All expenditures under the Contract will be in accordance with ATTACHMENT B,BUDGET. If an Indirect Cost Rate Letter is required but it is not issued at the time of Contract execution, the Parties agree to amend the Contract to include the Indirect Cost Rate Letter as ATTACHMENT K and revise ATTACHMENT B when the Indirect Cost Rate Letter is issued. DSHS Contract No.HHS001315900002 Signature Document Page 1 of 5 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 If the System Agency, at its sole discretion, approves or acknowledges an updated indirect cost rate, the new rate, together with the revised ICR Acknowledgement Letter, ICR Acknowledgement Letter—Ten Percent De Minimis, or the ICR Agreement Letter,will be included in the revised ATTACHMENT K and amended ATTACHMENT B. VI. REPORTING REQUIREMENTS Grantee shall submit the reports as described in ATTACHMENT C, REPORTING REQUIREMENTS. VII. CONTRACT REPRESENTATIVES The following will act as the representative authorized to administer activities under this Grant Agreement on behalf of their respective Party. System A2ency Department of State Health Services P.O. Box 149347, MC 1990 Austin, Texas 78714-9347 Attention: Amber Vasche amber.vasche2dshs.texas.gov Grantee Corpus Christi-Nueces County Public Health District(City) 1702 Horne Rd. Corpus Christi, Texas 78416 Attention: Dr. Fauzia Khan FauziaK2CCtexas.com VIII. NOTICE REQUIREMENTS A. All notices given by Grantee shall be in writing, include the Grant Agreement contract number,comply with all terms and conditions of the Grant Agreement,and be delivered to the System Agency's Contract Representative identified above. B. Grantee shall send legal notices to System Agency at the address below and provide a copy to the System Agency's Contract Representative: Health and Human Services Commission 4601 W. Guadalupe, Mail Code 1100 Austin, Texas 78751 Attention: Office of Chief Counsel With a copy to: Department of State Health Services DSHS Contract No.HHS001315900002 Signature Document Page 2 of 5 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 P.O. Box 149347, MC 1911 Austin, Texas 78714-9347 Attention: General Counsel Grantee Corpus Christi-Nueces County Public Health District(City) 1702 Horne Rd. Corpus Christi, Texas 78416 Attention: Dr. Fauzia Khan FauzlaK2CCtexas.com C. Notices given by System Agency to Grantee may be emailed,mailed or sent by common carrier. Email notices shall be deemed delivered when sent by System Agency. Notices sent by mail shall be deemed delivered when deposited by the System Agency in the United States mail, postage paid, certified, return receipt requested. Notices sent by common carrier shall be deemed delivered when deposited by the System Agency with a common carrier, overnight, signature required. D. Notices given by Grantee to System Agency shall be deemed delivered when received by System Agency. E. Either Party may change its Contract Representative or Legal Notice contact by providing written notice to the other Parry. IX. FEDERAL AWARD INFORMATION GRANTEE'S UNIQUE ENTITY IDENTIFIER IS: XETBTPKCL895 Federal funding under this Grant Agreement is a subaward under the following federal award(s). Federal Award Identification Number (FAIN): 5 NH25PS005182-05-00 A. Assistance Listings Title, Number, and Dollar Amount: • Title: Strengthening STD Prevention and Control for Health Departments • Number: PS19-1901 • Dollar Amount: TBD B. Federal Award Date: 12/17/2022 C. Federal Award Period: 1/1/2019-12/31/2023 D. Name of Federal Awarding Agency: Centers for Disease Control and Prevention E. Federal Award Project Description: Prevention Health Services_Sexually Transmitted Diseases Control Grants F. Awarding Official Contact Information: Rhonda Burton Grants Management Specialist bgr2@cdc.gov DSHS Contract No.HHS001315900002 Signature Document Page 3 of 5 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 Phone: 707-448-1381 G. Total Amount of Federal Funds Awarded to System Agency: TBD H. Amount of Funds Awarded to Grantee: $269,815.00 I. Identification of Whether the Award is for Research and Development: No X. CONTRACT DOCUMENTS The following documents are incorporated by reference and made a part of this Grant Agreement for all purposes. Unless expressly stated otherwise in this Grant Agreement, in the event of conflict, ambiguity or inconsistency between or among any documents, all System Agency documents take precedence over Grantee's documents and the Data Use Agreement takes precedence over all other contract documents. ATTACHMENT A—STATEMENT OF WORK ATTACHMENT B—BUDGET ATTACHMENT C—REPORTING REQUIREMENTS ATTACHMENT D—CONTRACT AFFIRMATIONS V.2.0 ATTACHMENT E—UNIFORM TERMS AND CONDITIONS—GRANT V.3.2 ATTACHMENT F—DATA USE AGREEMENT ATTACHMENT G—ADDITIONAL PROVISIONS—GRANT V. 1.0 ATTACHMENT H—FEDERAL ASSURANCES ATTACHMENT I—CERTIFICATION REGARDING LOBBYING ATTACHMENT.I—FFATA CERTIFICATION FORM XL SIGNATURE AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. Any services or work performed by Grantee before this Grant Agreement is effective or after it ceases to be effective are performed at the sole risk of Grantee. SIGNATURE PAGE FOLLOWS DSHS Contract No.HHS001315900002 Signature Document Page 4 of 5 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 SIGNATURE PAGE FOR SYSTEM AGENCY GRANT AGREEMENT, CONTRACT No.HHS001315900002 SYSTEM AGENCY GRANTEE By: By: Name: Name: Title: Title: Date of Signature: Date of Signature: DSHS Contract No.HHS001315900002 Signature Document Page 5 of 5 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT A STATEMENT OF WORK DSHS CONTRACT No. HHS001315900002 I. GRANTEE RESPONSIBILITIES Grantee shall do the following: A. Conduct programs, as described herein, to control and prevent the spread of Sexually Transmitted Infections (STIs), including human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) and viral hepatitis in accordance with the Centers for Disease Control and Prevention's (CDC) STD Program Operations Guidelines, located at: hqp://www.cdc.gov/std/program/gl-2001.htin. B. Perform the following seven (7) core activities: 1. Community and Individual Behavior Change Interventions; 2. Medical and Laboratory Services; 3. Partner Services; 4. Leadership and Program Management; 5. Surveillance and Data Management; 6. Training and Professional Development; and 7. Program Evaluation. C. Maintain written program procedures covering these seven (7) core activities. All procedures shall be consistent with the requirements of this Contract. D. Perform the activities required under this Contract in the service area designated in this Contract. Service area will include the following county(ies): Nueces, Kleberg, San Patricio, Aransas, and Refugio. E. Designate one of its staff to be a Local Responsible Party (LRP), who will be responsible overall for ensuring the security of the confidential HIV/STI information the Grantee maintains pursuant to this Contract. F. Comply with all applicable federal and state policies, standards, and guidelines. The following documents are incorporated into this Contract by reference: 1. DSHS HIV and STI Program Operating Procedures and Standards (POPS), located at: http://www.dshs.texas.gov/hivstd/pops/default.shtm; 2. DSHS TB/HIV/STI and Viral Hepatitis Unit Security Policies and Procedures, located at: hLtp://www.dshs.texas.gov/hivstd/policy/securiiy.shtm; 3. CDC STI Program Operations Guidelines, located at: http://www.cdc._ovg /std/pro_rg am/gl-200Lhtm; DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 1 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 4. CDC STI Treatment Guidelines, located at: http://www.cdc.gov/std/treatment/; and 5. DSHS HIV and STI Program Policy Reporting Suspected Abuse and Neglect of Children, located at: hLtps://www.dshs.texas.gov/childabusereporting/default.shtm. G. Comply with all applicable federal and state regulations and statutes, as amended, including, but not limited to: 1. Chapters 81 and 85 of the Texas Health and Safety Code (Note: See, for example, Section 85.085 of the Texas Health and Safety Code (Physician Supervision of Medical Care), which requires that a licensed physician supervise any medical care or procedure provided under a testing program as required by law); 2. Chapter 94 of the Texas Health and Safety Code (relating to Education and Prevention Programs for Hepatitis C); 3. Chapter 98 of the Texas Health and Safety Code (relating to the reporting of Sexually Transmitted Diseases including Human Immunodeficiency Virus); 4. Title 25 Texas Administrative Code (TAC), Chapter 97; and 5. DSHS Chapter 531 Health and Human Services Commission of the Texas Government Code, Section 531.02161 as an update to provision of services, where there is a delivery of an in-person service, there must also be an option of that service via telecommunications or through the use of information technology. H. Perform all activities in accordance with the terms of this Contract (including detailed budget) and any subsequent DSHS Program instructions given to Grantee pursuant to it. All of the above-referenced documents are incorporated into this Contract by reference. Grantee must receive written approval from DSHS before varying from applicable policies, procedures, and protocols and must update its implementation documentation within 48 hours of making approved change(s). I. DSHS reserves the right, where legal authority allows, to redirect funds in the event of financial shortfalls. DSHS Program will monitor Grantee's expenditures on a biannual basis. If expenditures are below the total Contract amount, Grantee's budget may be subject to a decrease for the remainder of the Contract term. Positions that remain vacant for 90 days may subject the Contract to a decrease in funding. IL PERFORMANCE MEASURES The following performance measures will be used to assess,in part, Grantee's effectiveness in providing the services described in this Contract, without waiving the enforceability of any of the other terms of the Contract. DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 2 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 A. Public Health Follow-Up (PHFU)Program Objectives Grantee shall: Follow the requirements for each of the STI Program Objectives,in accordance with the DSHS HIV/STI Program POPS, Chapter 9: Disease Intervention Specialist Performance Standards, with special emphasis on outcomes excerpted below. If the data submitted by Grantee (or otherwise obtained by DSHS) indicates the Grantee's performance does not meet the standards stated in one (1) or more of the objectives, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve performance. Grantee must implement these measures according to a timetable mandated by DSHS. 1. Syphilis Objectives a. Ensure that all individuals newly diagnosed with early syphilis are interviewed within three (3) days of assignment. If data indicates less than 85%of individuals newly diagnosed with early syphilis covered by the scope of this Contract are interviewed as described, DSHS may (at its sole discretion)require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. Note: Early syphilis is defined as all syphilis cases that are determined to be primary, secondary, or early non-primary/non- secondary syphilis. See CDC definition at: https://wwwn.cdc.gov/nndss/conditions/syphilis/case-definition/2018/. b. Achieve a partner index of at least 2.0 for all interviews conducted on individuals newly diagnosed with early syphilis. If data indicates less than a 2.0 partner index for all interviews conducted for early syphilis by Disease Intervention Specialists (DIS), DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. c. Ensure that all partners initiated as part of an early syphilis case (partners obtained from the interview/case management process with locating information as outlined by Chapter 9: Disease Intervention Specialist Performance Standards to attempt notification on early syphilis interviews)are notified of the disease exposure within seven(7) business days. If data indicates less than 65%partner notification index for all initiated partners, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. d. Ensure that all partners notified of syphilis exposure are tested and treated for syphilis, including incubating syphilis (disease intervention DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 3 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 index). If data indicates less than 60% of notified partners are tested and treated as described, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. e. Ensure a treatment index of at least .75 for all interviews conducted on individuals newly diagnosed with early syphilis. If data indicates less than .75 treatment index, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. f. Ensure that 80% of pregnant women with syphilis are identified and treated appropriately and timely to prevent congenital syphilis. g. Ensure that all infants born to a woman with a history of syphilis in their jurisdiction are investigated and reported within 30 days of receiving report of birth as outlined by DSHS HIV/STI Program POPS, Chapter 23.2.3, Congenital Syphilis. h. For people of childbearing capacity, maintain a procedure to provide technical assistance and guidance for providers and systems of care that ensures testing for syphilis is conducted, at a minimum, at first prenatal visit, during third trimester, and at delivery (testing required by Senate Bill 81.090). i. Ensure that all people of childbearing capacity have a documented pregnancy status. If data suggests that less than 90% of people of childbearing capacity with reactive syphilis labs and less than 80% of notified partners, suspects and contacts of childbearing capacity have a documented pregnancy status,DSHS may(at its sole discretion)require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. 2. HIV Objectives a. Ensure that all individuals newly diagnosed with HIV will be interviewed within seven (7) days in accordance with DSHS HIV/STI Program POPS. If data indicates less than 80% of individuals newly diagnosed with HIV are interviewed as described,DSHS may(at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. b. Ensure that all individuals interviewed that have been newly diagnosed with HIV successfully complete their first HIV medical appointment. If data indicates less than 85% of new HIV-positive clients interviewed successfully complete their first HIV medical appointment, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 4 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 follow those additional measures, and do so according to the timetable mandated by DSHS. c. Achieve a partner index of at least 2.0 for interviews conducted on individuals newly diagnosed with HIV. If data indicates a partner index of less than 2.0 for individuals interviewed by DIS, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. d. Ensure that all partners initiated (partners obtained from the interview/case management process with enough locating information to attempt notification) on a new HIV interview are notified of the disease exposure. If data indicates less than .75 partner notification index, DSHS may(at its sole discretion)require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. e. Ensure that all partners notified for HIV exposure are tested for HIV. If data indicates less than 60% of the notified partners are tested for HIV, DSHS may (at its sole discretion)require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. f. Ensure that all persons receiving PHFU (initiated partners, those co- infected with a bacterial STI, such as syphilis, gonorrhea, and/or chlamydia)who have been previously diagnosed with HIV and have no evidence of care for more than 12 months are re-engaged to establish HIV medical services. The activities taken to locate the person must be documented in the designated data system. This includes confirmation that the client attended his/her HIV medical care appointment. g. Ensure all persons identified as part of an HIV molecular and/or time space cluster receive linkage to medical care services if the person has been previously diagnosed with HIV and has no evidence of care for more than 12 months. Ensure all persons identified as part of the risk network of a molecular cluster who are eligible for re-testing (previously named partners,suspects,and associates of cluster members who have no labs for more than 12 months) receive follow-up to determine their HIV status. 3. Other Objectives a. Ensure that a complaint process is maintained and posted in the areas where services are provided, in accordance with DSHS HIV/STD Program POPS, Chapter 12, STI Clinical Standards. b. Maintain a staff retention policy. DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 5 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 c. Participate in targeted evaluation activities and other projects as required by DSHS or CDC. d. Ensure that the client survey is conducted a minimum of two (2) times per year for a total of thirty (30) days. The summary of the feedback must be available for review and identified concerns must be addressed within thirty (30) days of the feedback period. e. Establish and maintain mutually agreed-upon formal written procedures with local providers to ensure the provision of partner services in accordance with DSHS HIV/STI Program POPS. The procedures must specify processes (e.g., communication) to facilitate timely partner elicitation by the local health department following the delivery of HIV- positive test results to clients by Grantee. f. Establish and maintain mutually agreed-upon formal written procedures with local agencies who provide services frequently needed by clients seeking HIV/STI services from Grantee in accordance with DSHS HIV/STI Program POPS. The procedures must specify processes (e.g., communication) to facilitate timely partner elicitation by the local health department following the delivery of HIV-positive test results to clients by Grantee, including but not limited to: i. HIV testing and counseling; ii. STI clinical services; iii. Partner services; iv. HIV medical and support services; V. Substance use treatment services; vi. Harm reduction services; and vii. Mental health services. At a minimum, such procedures should address conditions associated with making and accepting client referrals. If Grantee provides all the services listed above in a specific geographic area,no such agreement is necessary for that area. Grantee must maintain complete records of all referrals made. These procedures must be finalized and in place within thirty (30) days of the effective date of this Contract. g. Ensure that performance of activities under this Contract is of a high quality and consistent with all the requirements of this Contract, to meet DSHS' high performance expectations. h. Conduct regular assessments of Grantee's performance, including compliance with DSHS Program procedures, policies and guidance, contractual conditions, attainment of performance measures, maintenance of adequate staff, and submission of required data and narrative reports. Failure to comply with stated requirements and contractual conditions may result in the immediate loss of Contract funds at the discretion of DSHS. i. Ensure that all staff operating under this Statement of Work are permitted to provide HIV and/or syphilis screening(s) by collecting blood-based specimens, in both field and clinical settings. DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 6 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 Supplemental testing must be collected by venipuncture immediately, on site, after a point-of-care preliminary positive test result. Staff will offer and perform these tests unless the client refuses. HIV and syphilis specimens may be submitted through the DSHS public health laboratory or another laboratory designated by the Grantee and approved in advance by DSHS. j. Ensure that all staff operating under this Statement of Work are permitted to deliver all HIV and/or STI results, including positive results, in both field and clinical settings. k. Ensure that all staff operating under this Statement of Work, when conducting field work, are permitted to disclose the reason for contacting the client (e.g., exposure to someone who tested positive for HIV and providing the opportunity for up-to-date testing,positive test results were received from a provider, laboratory, life insurance company, etc.) 1. Ensure that staff who operate under this Statement of Work deliver all positive test results within the designated timeframes referenced in the DSHS HIV/STI Program POPS. Staff will ensure the client understands the infection(s)the client has tested positive for,is offered appropriate treatment for the infection(s) and is linked to other medical and social resources as appropriate (e.g., HIV testing and counseling; Pre-Exposure Prophylaxis; Harm Reduction Services; STI clinical services; partner services; HIV medical and support services; substance use treatment services; mental health services). m. Staff operating under this Statement of Work may be identified to respond to rapid response efforts to address and intervene in the transmission of reportable STIs, HIV and/or other infections staff received disease information training to respond to as needed by DSHS or local programs. n. Ensure data collected as part of public health follow-up investigations and activities are recorded using proper data entry and the designated disease surveillance database management system. 4. The following STI clinical services shall be provided, consistent with the DSHS HIV/STI Program POPS Chapter 12: STI Clinical Standards: a. Grantee shall follow the requirements for examining, testing, and treating individuals served in public STI clinics. If data indicates that less than 90% of individuals served were examined, tested and/or treated for STI(s) as medically appropriate, within twenty-four (24) hours of seeking services, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 7 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 b. Individuals seeking STI diagnostic and/or treatment services in public STI clinics shall be medically managed according to Grantee written protocols in compliance with DSHS HIV/STI Program POPS, and with CDC STI Treatment Guidelines 2021 (as revised). c. Grantee shall ensure that individuals seeking STI diagnostic and/or treatment services in public STI clinics will be referred for Pre- Exposure Prophylaxis/Non-Occupational Post-Exposure Prophylaxis (PrEP/nPEP) services if at increased risk for HIV but currently HIV negative. Individuals should be assessed for PrEP indications according to the Preexposure Prophylaxis for the Prevention of HIV Infection in the United States — 2021 Update Clinical Practice Guideline(as revised). Individuals to be prioritized for PrEP referrals include: Men who have Sex with Men (MSM) with CT, GC and/or syphilis in past six months; Men who have Sex with Women (MSW) and Women who have Sex with Men (WSM) with GC or syphilis in past six months; individuals who have an HIV+partner or partner(s) of unknown HIV status; individuals in the social-sexual network of an identified HIV genotype cluster or high prevalence groups; persons who inject drugs (PWID); and others at increased risk for HIV who could benefit from PrEP. d. Grantee shall ensure that individuals seeking STI diagnostic and/or treatment services in public STI clinics who have been previously diagnosed with HIV and have no evidence of care for more than 12 months, will be referred to a DIS or other linkage worker to ensure they are re-engaged into HIV medical care. e. Grantee shall explore mechanisms to expand testing and awareness of STIs via home testing and home self-collection kits. f. Grantee shall explore mechanisms to use telemedicine/telehealth for individuals seeking STI diagnostic and treatment services and/or PrEP/nPEP services. III. TRAINING REQUIREMENTS Due to the specialization and job knowledge required for effective STI control programs, the following minimum training is required of personnel operating under this Contract. Compliance will be monitored by DSHS Program staff. Grantee shall: A. Authorize and require their staff to attend training, conferences, and meetings as directed by DSHS Program. 1. Training requirements for Disease Intervention Specialist (DIS) staff are as follows: a. The following DSHS HIV/STI Program POPS chapters must be read and acknowledged: DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 8 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 i. Chapter 3: HIV/STI Partner Services and Seropositive Notification; ii. Chapter 9: Disease Intervention Specialist Performance Standards; and iii. Chapter 23: Congenital Syphilis. b. The DSHS-approved Fundamentals of STI Intervention (FSTDI), including all prerequisites,within six (6)months of employment, must be completed successfully. C. The DSHS-approved Fundamentals of Counseling and Testing (FCT) or equivalent within six (6) months of employment must be completed successfully. d. DIS must complete training successfully in, and demonstrate knowledge of, the TB/HIV/STI Information System (THISIS), or other designated DSHS database(s). e. DIS must be able to participate in the HIV Navigation in Texas (HNT) within one (1)year of employment. f. DIS must successfully complete venipuncture training that has been approved by the local health authority within 60 days of employment. g. DIS must successfully complete training for all locally sanctioned testing technologies used for specimen collection and processing. h. DIS with more than one(1)year of experience shall successfully complete additional courses as required by DSHS. 2. Training Requirements for First-Line Supervisors staff(FLS) are as follows: a. The following DSHS HIV/STI Program POPS chapters must be read and acknowledged: i. Chapter 10: First-Line Supervisors Performance Standards; and ii. Chapter 11: Regional and Local Health Department HIV/STI Program Manager Performance Standards, in addition to what is required of the DIS. b. FLS must successfully complete all training activities which are required for DIS under this Contract, and also must take the next available Texas First-Line Supervisor (TXFLS)training. C. If new to the jurisdiction, FLS must participate in the HIV Navigation in Texas within one (1)year of employment. d. FLS must attend and participate in the DSHS FLS Summit, as scheduled. e. FLS must participate in the quarterly DSHS FLS calls. f. FLS must attend and participate in any other required DSHS trainings, as scheduled. 3. Training Requirements for Program Manager staff(PM) are as follows: DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 9 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 a. PM must read and demonstrate understanding of the following DSHS HIV/STI Program POPS chapters: Chapter 11, Regional and Local Health Department HIV/STI Program Manager Performance Standards, in addition to what is required of the FLS and DIS. b. PM operating under this Contract must complete all training requirements of DIS and FLS. C. PM must participate in the DSHS Leadership Meeting, as scheduled. d. PM must participate in the monthly DSHS Leadership calls. 4. Recommended trainings and topics for all program staff are as follows: a. Health Insurance Portability and Accountability Act(HIPAA) b. Ethics C. Field Safety d. Health Disparities e. Cultural Humility f. CPR/First Aid g. Automated External Defibrillators (AED) h. Defensive Driving i. Approaches in Harm Reduction j. Self-Defense k. Non-Violent Crisis Intervention 1. Status Neutral Biomedical Approaches to HIV Prevention (Early Intervention, PrEP, nPEP) m. Motivational Interviewing n. Technical Writing o. Computer Skills p. Linkage to Care q. Gender and Sexual Diversity r. HIV Care and Treatment S. Human Trafficking t. Substance Use U. Mental Health V. Case Notes Documentation W. Congenital Syphilis Investigation and Reporting B. Notify DSHS of completed trainings in the annual report referenced in this Contract's Reporting Requirements attachment. IV. CONFIDENTIALITY DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 10 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 Grantee shall: A. Designate and identify a HIPAA Privacy Officer, who is authorized to act on behalf of Grantee and is responsible for the development and implementation of the privacy and security requirements of federal and state privacy laws. B. Designate, from its staff, a Local Responsible Parry (LRP) who has the overall responsibility for ensuring the security of the TB/HIV/STI confidential information maintained by Grantee as part of activities under this Contract. The LRP will: 1. Ensure that appropriate policies/procedures are in place for handling confidential information,for the release of confidential TB/HIV/STI data, and for the rapid response to suspected breaches of protocol and/or confidentiality. These policies and procedures must comply with DSHS policies and procedures (Grantee may choose to adopt those DSHS policies and procedures as its own). 2. Ensure that security policies are reviewed periodically for efficacy, and that the Grantee monitors evolving technology(e.g.,new methods hackers are using to illegally access confidential data; new technologies for keeping confidential data protected from hacking) on an ongoing basis to ensure the program's data remain as secure as possible. 3. Approve any Grantee staff requiring access to TB/HIV/STI confidential information. LRP will grant authorization to Grantee staff who have a work-related need (i.e., work under this Contract) to view TB/HIV/STI confidential information. 4. Maintain a list of authorized Grantee staff persons who have been granted permission to view and work with TB/HIV/STI confidential information. 5. Review the authorized user list ten (10) days from the effective date of this Contract to ensure it is current. 6. Ensure that all Grantee staff with access to confidential information have a signed copy of a confidentiality agreement on file; it must be updated once during the term of this Contract. 7. Ensure that all Grantee staff with access to confidential information are trained on TB/HIV/STI security policies and procedures before access to confidential information is granted; this training will be renewed once during the term of this Contract. 8. Ensure that all Grantee staff with access to confidential information are trained on federal and state privacy laws and policies before access to confidential information is granted; this training will be renewed once during the term of this Contract. 9. Thoroughly and quickly investigate all suspected breaches of confidentiality in consultation with the DSHS LRP to ensure compliance DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 11 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 with the DSHS Program Policy, TB/HIV/STI and Viral Hepatitis Breach of Confidentiality Response Policy, located at: http://www.dshs.texas.gov/hivstd/policy/security.shtm. C. Ensure that its security procedures require that all of its computers and networks meet DSHS security standards, as certified by DSHS IT staff. D. Provide a list to DSHS of personnel with access to secured areas and of all identified personnel who have received security training. E. Provide a list to DSHS of personnel with access to all network drives where confidential information is stored and of all identified personnel who have received security training. F. Ensure that requests for TB/HIV/STI system, or other designated DSHS database(s), user account terminations are sent to DSHS within one business day of the identification of need for account termination. G. Transfer secure data electronically using the Public Health Information Network. H. Maintain a visitors' log for individuals entering the secured areas; this must be reviewed quarterly by the LRP. I. Verify TB/HIV/STI system, or other designated DSHS database(s), user passwords are changed at least every ninety (90) days; this must be verified by the LRP. J. Ensure that portable devices used to store confidential data are approved by the LRP and encrypted. K. Ensure that confidential data/documents are: 1. Maintained in a secured area; 2. Locked when not in use; 3. Not left in plain sight; and 4. Shredded before disposal. V. HIV/STI RAPID RESPONSE PLAN DSHS will review the proposed Rapid Response Plan and provide guidance to the Grantee. Grantee shall: A. Develop, update, and submit a local HIV/STI Rapid Response Plan, and submit this by February 1 each year of the Contract to the designated DSHS staff. The plan shall include how the program will: 1_ Identify responsible parties for planned activities, including but not limited to: DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 12 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 a. Response coordinator; b. Activity team lead; c. Collaborative lead; and d. Medical lead; 2. Identify increases in disease or outbreaks; 3. Increase active surveillance; 4. Examine outbreak characteristics; 5. Educate health care providers and the community of disease outbreak (e.g., including signs/symptoms, available resources, disease trends, reporting requirements,testing algorithms, and testing/treatment options); 6. Inform media outlets, as appropriate; 7. Conduct targeted screening efforts including testing in correctional settings (as appropriate); 8. Enhance partner services; 9. Expand clinical access and services (e.g., increase clinical hours or days of services, employ rapid testing, enhance prophylactic treatment protocols); and 10. Adjust work hours for employees involved in the response (i.e., allow staff to work alternate hours or extended hours during response). B. Establish and maintain collaborative relationships with local businesses, community clinics, and community-based organizations who serve populations most affected by HIV or other STIs, as well as with appropriate local and institutional individuals and groups(e.g.,providers,hospitals,mental health and intellectually disabled facilities, infection control nurses), in order to implement the local Rapid Response Plan. C. Continue to enhance their current HIV/STI surveillance system, including,but not limited to: 1. Improving reporting of providers and laboratories; and 2. Increasing the number of sites that report electronically. D. Make all directed revisions to the Rapid Response Plan and submit a revised version to the DSHS designated program consultant by the directed deadline. E. Notify local leadership and key stakeholders of the finalized plan and maintain a copy within the Program. F. Comply with the final, approved version of the Rapid Response Plan when an outbreak is identified. G. Identify program disease intervention staff to respond to local and statewide rapid response activities when necessary. The identified staff must complete DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 13 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 DSHS identified trainings prior to assignment. The number of staff will be as directed by the DSHS Rapid Response Team leader, to conduct disease intervention activities as prescribed in the Contractor's final, approved Rapid Response Plan or statewide Cluster Detection Response Plan. VI. INVOICE AND PAYMENT A. Invoices must be submitted timely on a monthly basis to prevent delays to subsequent months. Grantees that do not incur expenses for a month are required to submit timely "zero dollar" invoices. Invoices and all supporting documentation must be emailed to invoices2dshs.texas.gov and crosinvoicesgdshs.texas.gov simultaneously. See Attachment C for all reporting requirements. B. Final close-out invoice and report: Grantee must submit a final close-out invoice and final financial status report no later than 45 days following the end of the Contract term. Invoices received more than 45 days after the end of the Contract term are subject to denial of payment. C. The Grantee will submit Financial Status Reports (FSR-269A) biannually during the Contract term. The FSRs will be submitted twice per year by email to invoices2dshs.texas.gov and FSRGrants2dshs.texas.gov as outlined below: REPORTING PERIOD DUE DATE September 1, 2023 —February 29, 2024 March 31, 2024 March 1, 2024—August 31, 2024 October 15, 2024 D. DSHS reserves the right,where allowed by legal authority,to redirect funds in the event of financial shortfalls. DSHS Program will monitor Grantee's expenditures on a biannual basis. If expenditures are below the amount in Grantee's total Contract, Grantee's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. E. Grantee shall maintain an inventory of equipment, supplies defined as Controlled Assets, and real property. Submit an annual cumulative report of the equipment and other property on HHS System Agency Grantee's Property Inventory Report by email to FSOequipgdshs.texas.gov not later than October 15 of each year. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 14 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 are considered Supplies. F. Grantee shall provide notification of budget transfers by submission of a revised Categorical Budget Form to the designated DSHS Contract Manager, highlighting the areas affected by the budget transfer. Grantee is advised as follows: 1 Transferring funds between budget categories, other than the equipment and indirect cost categories, is allowable, but cannot exceed 25% of the total Contract value during a Contract budget period. If the budget transfer(s) exceeds 25% of the total Contract value, alone or cumulatively, a formal Contract amendment is required; and 2 After review, the designated DSHS Contract Manager shall provide notification of acceptance to Grantee via email, upon receipt of which, the revised budget shall be incorporated into the Contract. DSHS Contract#HHS001315900002 Attachment A,Statement of Work Page 15 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT B BUDGET DSHS CONTRACT No. HHS001315900002 BUDGET CATEGORIES September 1, 2023 —August 31,2024 PERSONNEL $158,866.00 FRINGE BENEFITS $69,107.00 TRAVEL $5,240.00 EQUIPMENT $0.00 SUPPLIES $36,602.00 CONTRACTUAL $0.00 OTHER $0.00 TOTAL DIRECT CHARGES $269,815.00 INDIRECT CHARGE $0.00 TOTAL $269,815.00 DSHS Contract#HHS001315900002 Attachment B,Budget Page 1 of 1 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT C REPORTING REQUIREMENTS DSHS CONTRACT No. HHS001315900002 REPORTING REQUIREMENTS FY 2024 REPORT NAME FREQUENCY DELIVERY METHOD PERIOD DUE DATE Annual Report Annually HIVSTDReport.Techkdshs.te 09/01/2023 — 09/30/2024 xas. ov 08/31/2024 Congenital Monthly 09/01/2023 - Due thirty (30) Syphilis Case 08/31/2024 calendar days Investigation and Designated DSHS Database after period Infant Syphilis Note: This Report is subject to being reported. Control Records HIPAA and PHI data requirements. Local Responsible Biannually 07/01/2023 - 01/31/2024 Party (LRP) Report: Instructions provided on DSHS 12/30/2023 DSHS Security website under"Local Review Responsible Party": HIV/STD Questionnaire and Security Policies and Authorized User Procedures I Texas DSHS List https://www.dshs.texas.gov/ hiv-std-program/texas-dshs- LRP Report: Biannually hiv-std-program-hiv-std- 01/01/2024 - 07/31/2024 DSHS Security policies-procedures/hiv-std- 06/30/2024 Review security-policies Questionnaire DSHS Contract#HHS001315900002 Attachment C,Reporting Requirements Page 1 of 1 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D HEALTH AND HUMAN SERVICES Contract Number Attachment D CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations,HHS includes both the Health and Human Services Commission(HHSC)and the Department of State Health Services(DSHS). System Agency refers to HHSC,DSHS,or both,that will be a party to this Contract. These Contract Affirmations apply to all Contractors and Grantees(referred to as "Contractor")regardless of their business form(e.g., individual,partnership, corporation). By entering into this Contract,Contractor affirms,without exception,understands,and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals,officers,directors,shareholders,partners,owners, agents,employees,subcontractors,independent contractors,and any other representatives who may provide services under,who have a financial interest in,or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code)as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation,and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code,Contractor is required to make any information created or exchanged with the State pursuant to the Contract,and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a)of the Texas Government Code. Except as provided by Section 552.374(c)of the Texas Government Code,the requirements of Subchapter J(Additional Provisions Related to Contracting Information),Chapter 552 of the Government Code,may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v.2.0 Effective August 2021 Page 1 of 13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D 5. Assignment A. Contractor shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from System Agency. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign,pledge,or transfer the Contract.Upon receipt of System Agency's notice of assignment,pledge,or transfer,Contractor shall cooperate with System Agency in giving effect to such assignment,pledge,or transfer,at no cost to System Agency or to the recipient entity. 6. Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation,if any,under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS'terms and conditions,if any,are rejected unless expressly accepted by System Agency in writing. 7. HHS Right to Use Contractor agrees that HHS has the right to use,produce,and distribute copies of and to disclose to HHS employees, agents,and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given,has not offered to give,and does not intend to give at any time hereafter any economic opportunity,future employment,gift,loan,gratuity,special discount,trip,favor,or service to a public servant in connection with this Contract or any related Solicitation,or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004,Texas Government Code(relating to financial participation in preparing solicitations),Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 11. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code(relating to convictions and penalties regarding Hurricane Rita,Hurricane Katrina,and other disasters),the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract Health and Human Services Contract Affirmations v.2.0 Effective August 2021 Page 2of13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d)of the Texas Family Code regarding child support,Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SAM)maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689,Debarment and Suspension,2 C.F.R. Part 376,and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts,if any,if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,"published by the United States Department of the Treasury,Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran,Sudan,or a foreign terrorist organization,as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code,relating to contracting with the executive head of a state agency,Contractor certifies that it is not(1) the executive head of an HHS agency,(2)a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency,or(3)a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code,Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. IIealth and IIuman Services Contract Affirmations v.2.0 Effective August 2021 Page 3 of 13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005,556.0055,or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency,Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment,then Contractor certifies that it is in compliance with Subchapter Y,Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 24. Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment,then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 25. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors,officers,or employees of Contractor have access to any state computer system or database,the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. Health and Human Services Contract Affirmations v.2.0 Effective August 2021 Page 4 of 13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D 26. Restricted Employment for Certain State Personnel Contractor acknowledges that,pursuant to Section 572.069 of the Texas Government Code,a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 27. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor's provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that,if after execution of the Contract,Contractor discovers or is made aware of a Conflict of Interest,Contractor will immediately and fully disclose such interest in writing to System Agency. In addition,Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by System Agency as a potential conflict. System Agency reserves the right to make a final determination regarding the existence of Conflicts of Interest,and Contractor agrees to abide by System Agency's decision. 28. Fraud,Waste,and Abuse Contractor understands that HHS does not tolerate any type of fraud,waste,or abuse. Violations of law,agency policies,or standards of ethical conduct will be investigated, and appropriate actions will be taken.Pursuant to Texas Government Code, Section 321.022,if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost,misappropriated,or misused,or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity,the administrative head shall report the reason and basis for the belief to the Texas State Auditor's Office(SAO). All employees or contractors who have reasonable cause to believe that fraud,waste,or abuse has occurred(including misconduct by any HHS employee,Grantee officer,agent, employee,or subcontractor that would constitute fraud,waste,or abuse)are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws,rules,regulations,and System Agency policies regarding fraud,waste, and abuse including,but not limited to,HHS Circular C-027. A report to the SAO must be made through one of the following avenues: • SAO Toll Free Hotline: 1-800-TX-AUDIT • SAO website:http://sao.fraud.state.tx.us/ All reports made to the OIG must be made through one of the following avenues: Health and Human Services Contract Affirmations v.2.0 Effective August 2021 Page 5 of 13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D •OIG Toll Free Hotline 1-800-436-6184 •OIG Website: ReportTexasFraud.com • Internal Affairs Email:IntemalAffalrsReferral@hhsc.state.tx.us •OIG Hotline Email:OIGFraudHotline@hhsc.state.tx.us. •OIG Mailing Address: Otlice of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin,Texas 78708-5200 29. Antitrust The undersigned affirms under penalty of perjury of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response,neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act,Tex. Bus.&Comm.Code Chapter 15; B. in connection with this Contract and any related Solicitation Response,neither I nor any representative of the Contractor has violated any federal antitrust law;and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company,corporation,firm, partnership or individual engaged in the same line of business as the Contractor. 30. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding,investigation,or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affinnations within the five(5)calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract,relate to the contracted or similar goods or services,or otherwise be relevant to System Agency's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty,then Contractor instead represents and warrants that it has provided to System Agency a complete,detailed disclosure of any such court or governmental agency proceeding,investigation,or other action that would or could impair Contractor's performance under this Contract,relate to the contracted or similar goods or services,or otherwise be relevant to System Agency's consideration of entering into this Contract.In addition,Contractor acknowledges this is a continuing disclosure requirement.Contractor represents and warrants that Contractor shall notify System Agency in writing within five(5)business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. Health and Human Services Contract Affirmations v.2.0 Effective August 2021 Page 6 of 13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D 31. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees,agents, or representatives,including any subcontractors and employees,agents,or representative of such subcontractors,have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 32. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code,or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings.Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 33. Entities that Boycott Israel Contractor represents and warrants that(1)it does not, and shall not for the duration of the Contract,boycott Israel or(2)the verification required by Section 2271.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract,Contractor shall promptly notify System Agency. 34. E-Verify Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of this Contract to determine the eligibility of: 1. all persons employed by Contractor to perform duties within Texas;and 2. all persons,including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 35. Former Agency Employees—Certain Contracts If this Contract is an employment contract,a professional services contract under Chapter 2254 of the Texas Government Code,or a consulting services contract under Chapter 2254 of the Texas Government Code,in accordance with Section 2252.901 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor's employees including,but not limited to,those authorized to provide services under the Contract,were former employees of an HHS Agency during the twelve(12) month period immediately prior to the date of the execution of the Contract. Health and Human Services Contract Affirmations v.2.0 Ettecthve August 2021 Page 7 of 13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D 36. Disclosure of Prior State Employment—Consulting Services If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code,a Contractor providing consulting services who has been employed by,or employs an individual who has been employed by, System Agency or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct,and complete: 1. Name of individual(s)(Contractor or employee(s)); 2. Status; 3. The nature of the previous employment with HHSC or the other State of Texas agency; 4. The date the employment was terminated and the reason for the termination;and 5. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above,Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by System Agency or any other State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services. 37. Abortion Funding Limitation Contractor understands, acknowledges, and agrees that,pursuant to Article IX of the General Appropriations Act(the Act),to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that,during the period for which funds are appropriated under the Act: 1. performs an abortion procedure that is not reimbursable under the state's Medicaid program; 2. is commonly owned,managed,or controlled by an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program;or 3. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241,Health and Safety Code,or an office exempt under Section 245.004(2),Health and Safety Code. Contractor represents and warrants that it is not ineligible,nor will it be ineligible during the term of this Contract,to receive appropriated funding pursuant to Article IX. 38. Funding Eligibility Contractor understands, acknowledges, and agrees that,pursuant to Chapter-2272(eff. Sept. 1,2021,Ch.2273)of the Texas Government Code,except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider.Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272(eff. Sept. 1,2021,Ch.2273)of the Texas Government Code. IIealth and IIuman Services Contract Affirmations v.2.0 Effective August 2021 Page 8 of 13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D 39. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment(2 CFR 200.216) Contractor certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract or funding pursuant to 2 CFR 200.216. 40. COVID-19 Vaccine Passports Pursuant to Texas Health and Safety Code,Section 161.0085(c),Contractor certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to,to gain access to,or to receive service from the Contractor's business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state-funded contract. 41. Entities that Boycott Energy Companies In accordance with Senate Bill 13,Acts 2021,87th Leg.,R.S.,pursuant to Section 2274.002 of the Texas Government Code(relating to prohibition on contracts with companies boycotting certain energy companies),Contractor represents and warrants that: (1)it does not,and will not for the duration of the Contract,boycott energy companies or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract,Contractor shall promptly notify System Agency. 42. Entities that Discriminate Against Firearm and Ammunition Industries In accordance with Senate Bill 19,Acts 2021,87th Leg.,R.S.,pursuant to Section 2274.002 of the Texas Government Code(relating to prohibition on contracts with companies that discriminate against firearm and ammunition industries),Contractor verifies that: (1)it does not,and will not for the duration of the Contract,have a practice, policy,guidance,or directive that discriminates against a firearm entity or firearm trade association or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract,Contractor shall promptly notify System Agency. 43. Security Controls for State Agency Data In accordance with Senate Bill 475,Acts 2021, 87th Leg.,R.S.,pursuant to Texas Government Code, Section 2054.138,Contractor understands,acknowledges,and agrees that if,pursuant to this Contract,Contractor is or will be authorized to access,transmit, use,or store data for System Agency,Contractor is required to meet the security controls the System Agency determines are proportionate with System Agency's risk under the Contract based on the sensitivity of System Agency's data and that Contractor must periodically provide to System Agency evidence that Contractor meets the security controls required under the Contract. Health and Human Services Contract Affirmations v.2.0 Effective August 2021 Page 9 of 13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D 44. Cloud Computing State Risk and Authorization Management Program In accordance with Senate Bill 475,Acts 2021, 87th Leg.,R.S.,pursuant to Texas Government Code, Section 2054.0593,Contractor acknowledges and agrees that,if providing cloud computing services for System Agency,Contractor must comply with the requirements of the state risk and authorization management program and that System Agency may not enter or renew a contract with Contractor to purchase cloud computing services for the agency that are subject to the state risk and authorization management program unless Contractor demonstrates compliance with program requirements. If providing cloud computing services for System Agency that are subject to the state risk and authorization management program,Contractor certifies it will maintain program compliance and certification throughout the term of the Contract. 45. Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799,Acts 2021, 87th Leg.,R.S.,if Texas Government Code, Section 531.102(m-1)(2)is applicable to this Contract,Contractor affirms that it possesses the necessary occupational licenses and experience. 46. Contract for Professional Services of Physicians,Optometrists,and Registered Nurses In accordance with Senate Bill 799,Acts 2021, 87th Leg.,R.S.,if Texas Government Code, Section 2254.008(a)(2)is applicable to this Contract,Contractor affirms that it possesses the necessary occupational licenses and experience. 47. Foreign-Owned Companies in Connection with Critical Infrastructure If Texas Government Code,Section 2274.0102(a)(1)(relating to prohibition on contracts with certain foreign-owned companies in connection with critical infrastructure)is applicable to this Contract,pursuant to Government Code Section 2274.0102,Contractor certifies that neither it nor its parent company,nor any affiliate of Contractor or its parent company,is: (1)majority owned or controlled by citizens or governmental entities of China,Iran,North Korea,Russia,or any other country designated by the Governor under Government Code Section 2274.0103,or(2)headquartered in any of those countries. 48. Critical Infrastructure Subcontracts For purposes of this Paragraph,the designated countries are China,Iran,North Korea, Russia,and any countries lawfully designated by the Governor as a threat to critical infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code, Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure,as defined by Section 113.001 of the Texas Business and Commerce Code,in this state,other than access specifically allowed for product warranty and support purposes to any subcontractor unless(i)neither the subcontractor nor its parent company,nor any affiliate of the subcontractor or its parent company,is majority owned or controlled by citizens or governmental entities of a designated country;and(ii) neither the subcontractor nor its parent company,nor any affiliate of the subcontractor or its parent company,is headquartered in a designated country.Contractor will notify the System Agency before entering into any subcontract that will provide direct or remote Health and Human Services Contract Affirmations v.2.0 Effective August 2021 Page 10 of 13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D access to or control of critical infrastructure,as defined by Section 113.001 of the Texas Business&Commerce Code,in this state. 49. Enforcement of Certain Federal Firearms Laws Prohibited In accordance with House Bill 957,Acts 2021,87th Leg.,R.S.,if Texas Government Code,Section 2.101 is applicable to Contractor,Contractor certifies that it is not ineligible to receive state grant funds pursuant to Texas Government Code, Section 2.103. 50. Prohibition on Abortions Contractor understands,acknowledges,and agrees that,pursuant to Article II of the General Appropriations Act,(1)no funds shall be used to pay the direct or indirect costs (including marketing,overhead,rent,phones,and utilities)of abortion procedures provided by contractors of HHSC;and(2)no funds appropriated for Medicaid Family Planning,Healthy Texas Women Program,or the Family Planning Program shall be distributed to individuals or entities that perform elective abortion procedures or that contract with or provide funds to individuals or entities for the performance of elective abortion procedures. Contractor represents and warrants that it is not ineligible,nor will it be ineligible during the term of this Contract,to receive appropriated funding pursuant to Article 11. 51. False Representation Contractor understands,acknowledges,and agrees that any false representation or any failure to comply with a representation,warranty,or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including,but not limited to,immediate termination of this Contract. 52. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current,complete,true,and accurate.Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further,Contractor understands,acknowledges,and agrees that any false representation or any failure to comply with a representation,warranty,or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including,but not limited to,immediate termination of this Contract. 53. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city,county,state,and federal rules,regulations,statutes,codes,and other laws that pertain to this Contract. 54. Drug-Free Workplace Contractor represents and warrants that it shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988(41 U.S.C. §701 et seq.)and maintain a drug-free work environment. IIearth and IIuman Services Contract Affirmations v.2.0 Effective August 2021 Page I 1 of 13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D 55. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. 56. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970,as amended(29 U.S.C. Chapter 15). 57. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. Signature Page Follows Health and Human Services Contract Affirmations v.2.0 Effective August 2021 Page 12 of 13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT D Authorized representative on behalf of Contractor must complete and sign the following: Legal Name of Contractor Assumed Business Name of Contractor,if applicable(d/b/a or`doing business as') Texas County(s)for Assumed Business Name(d/b/a or`doing business as') Attach Assumed Name Certificate(s)filed with the Texas Secretary of State and Assumed Name Certificate(s),if any,for each Texas County Where Assumed Name Certificate(s)has been filed. Signature of Authorized Representative Date Signed Printed Name of Authorized Representative Title of Authorized Representative First,Middle Name or Initial,and Last Name Physical Street Address City,State,Zip Code Mailing Address,if different City,State,Zip Code Phone Number Fax Number Email Address DUNS Number Federal Employer Identification Number Texas Payee ID No.—11 digits Texas Franchise Tax Number Texas Secretary of State Filing Number Health and Human Services Contract Affirmations v.2.0 Effective August 2021 Page 13 of 13 DSHS,Contract#HHS001315900002 Attachment D,Contract Affirmations DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E io TE X Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.2 Published and Effective —July 2022 Responsible Office: Chief Counsel DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E ABOUT THIS DOCIrhiENT In this document,Grantees(also referred to in this document as subrecipients or contractors)will find requirements and conditions applicable to grant funds administered and passed-through by b oth the Texu Health and Huffman Services Commission(HHSQ and the Department of State Health Services(DSHS). These requirements and conditions are incorporated into the Grant:agreement through acceptance by Grantee of any' funding award bT HHSC or DSHS. The terms and conditions in this document are in addition to all requirements listed in the RFA;if any,under which applications for this grant award are accepted,as well as all applicable federal and state laws and regulations.Applicable federal and state laws and regulations may include_buu are not limited to: 2 CFR Part 2100, i;niform Administrative Requirements:Cost Principles,and Audit Requirements for Federal awards; requirements of the entity that awarded the funds to HHS; Chapter 783 of the Texas Government Cade; Texas Comptroller of Public Accounts' agency rules(including Uniform Grant and Contract Standards set forth in Title 34,Part 1,Chapter 20,Subchapter E.6b ision 4 of the Texas administrative Code),-the Texas Grant Management Standards(TxG-MS)developed by the Texas Comptroller of Public accounts, and the Funding Announcement_ Solicitation,or other instrument!documentation under which HHS was awarded funds. HHS.in its sole discretion.,reserves the right to add requirements,terms,or conditions. HHS Undom Terms and tin chtians—Gnat v3.2 Effective Ja]a 2022 Rage 2 of 24 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E TABLE OF CONTE-NTS ARTIC IE I. DEFDTIIONS A D E%TERPFETI E PRONTSIONS........................... 6 1.1 LIEF -iuom ---------------------------------------------------------------------------.-..-...----------..-....-..-. G 1.2 L'iTER.PR.ETIvE PR0VISIOI%-S...-.--------------------------------------------------------------------.-..-..-. 7 ARTICI E H. PAV- ENT PRO X-I ,IONS.......................................................................... S 2.1 PROMPT R-JiVVENT------------------------------------------------------------------------------------------------ 8 2.2 Toas----------------------------------------------------------------------------------------.--.--..---.----.--...--.... 8 2.3 A-NcTLj-iKv Aisn TRA-%TL E ------------------------------------------------------------------.9 2.4 1111 Ln�G----------------------------------------------------------------------------------------------------------------.9 2..5 USEoFFL-N ............•--................................................------......•--.........................9 2..+6 USE FOR_1LkTC'H PRGHM=------------------------------------------------------------------------------9 2..7 PRoGR.A-NiINco-�fE----------------------------------------------------------------------------------------------.9 2,8 NGNuTPL-�-vrp Ca-------------------------------------------------------------------------------------------------9 2„P L,%DE EcrC: I R.STI= -------------------------------------------------------------------------------------.- 10 ARTIC IE III. STATE AMD FEDERAL RT-NDLNG.................................,....,....,....,..,.10 3.1 ExcEss( ujG--uion PRaHtt=------------------------------------------------------------.-..-.- 10 .2 No DEBT AG-kLSI THE SIATE--------------------------------------------------------------------------- 10 3.3 DE3I .'ANTI DEL ;Quuwcas .----------------------------------------------------------------------.-..-.- 10 3.4 REFL�,TDs Ah-D OIERpvi'31ENZs ------------------------------------------------------------------------- 10 ARTIC.ZE R-. -ALLO .ABL.E COSTS ND ALDIT REQU REEIIENTS..................11 4.1 COSTS------------------------------------------------------------------------------------------.- 11 4.2 AUDITS X-D FL1.ALNCL-IL SI3TEhiF-vrS------------------.......-------------------------------.-.--.- 11 4.3 S”Z-B IIG SI DN of AL-DIIS AND FLS jcNcLu ST3TE. =,T5.................................... 12 ARTIC iE V. II RK TI-,AFFIlR1LITIONS,ASSITCANC-ES AND CERTIFICATIONS...........................................................................................................1.2 5.1 ..--...--.----.--.----.--.. .--...--.----.--.----.--...--.--...--.----.--.. --.. 12 5.2 GE'NERAL AF£mvT on----------------------------------------------------------------------------.-.--.- 13 5.3 FEDER_kL ASSIT,--CLS....................................................................................... 13 5.4 FEDEKkL CERTIFICATIONS-------------------------------------------------------------------------------- 13 5.5 S-r.-,,TE ASSLRANCES-------------------------------------------------------------------------------------------.- 13 HHS Umf=Teems and Cimdibms—Grams tiR 3.2 Effective JuIv 10'" Page 3 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E ARTICLE �1. LNTELLECTUAL PROPERTY.............................................................13 6.1 0WNIR=OF WORKPRODUCI----------------------------------------------------------------------- 13 6.2 GR NTEF`5 PRF-Ems=iG WoRIs------------------------------------------------------------------- 14 6.3 T=P.-�Rry IP.. -------------------------------------------------------------------- 14 6.1 Ac,REEIIF_,,-rs la=Eiinoi=s_-�-'%D SUBC0:t-M ACTORS------------------------------- 14 6.5 DELILTRY T.-PoN TERVE -kno:OR E MkTI0N---------------------------------------------- 15 6.6 St 7 _ L............................................................................................................ 15 6.7 SI-STFmA(:ENcYDAT_k..........................-----------------------------------------------------._.__._ 15 ARTICLE VII. PROPERTY............................................................................................15 i.1 U 5E 01 S-rATE PROPERTY..............--------------------------------------------------------------------- 15 7..2 D_AaL�GE To ST_-�TF PROPERTY........ ----------------------------------------------------------------- 16 7.3 PRoi'ETRTY Rx=c upoN TTr,—NM-_MoN oRUxTuunmor CoNrR cT------- 16 7.4 EQuip'IENT_--\-D PryoPFRTS-------------------------------------------------------------------------------- 16 ARTICLE VIII, RECI)RDRETE:�ZION. AUDIT._AZ'%1? C'O'.�-MENTI.ulTY..... 1, 8.1 REcoFD 14Lku%TEIti--�-10E--�D RETE TioN--------------------------------------------------------- 17 8,2 AGRNC"1'SRIGHIIo ALDFr------------------------------------------------------------------------------- 17 8.3 RESPoNsErCoNIPLLJJ CE ii=ALDITORINSPECnON BISDINGS------------------- 18 8,4 ST3TE ALD1rOR'7 RIGHT To uD T------------------------------------------------------------------ 18 8.5 CONTIDENTL3.LIII............................................................................................... 1S ARTICLE LX, GR.. NT RE_IIEDIES. TERMATION AND PROHIBITED AC-T111TIE-S......................................................................................................................19 9.1 Rn fE s------------------------------------------------------------------------------------------------------------ 19 9.2 TEm Ti ATION FOR C:4�7-LVIE CE-------------------------------------------------------------------- 19 9.3 TERITLN_knoN FOR C�.'CSE ..........__......_...._...._.._...._...._.._._.._...._...._.._._.._...._...._.._ 19 9.1 GRLNTEERESPoNSISmrrYFOR SysTF_-I_ cE-1C.I-'STER_NIi�-kuoNCoC ,IS----20 9.5 LN-HERL,%TLI-RELIC iou5 Ac-==s----------------------------------------------------------------20 9.6 PO=-C-_-kL ACTe-riFs---------------------------------------------------------------------------------------20 ARTICLE N.DDEILVM............................................................................ .................21 10.1 GEN-EfU ,I1 D> UTY.................._......._...._...._.._...._...._.._._.._...._...._.._._.._...._...._.._21 10.2 LNTFLLECTC4L.PRQPERTY---------------------------------------------------------------------------------21 10.3 ADDITT[lnAL B-DE--xL\Try PRar usiom-------------------------------------------------------------.-22 ARTICLE `a. (�EN'ERAL PROIISIONS......................................................................22 11.1 _b END-NIEIrr----....---------------------------------------------------------------------------------------------22 11.2 No N-1Tri Gr_kR-�N-n �------------------------------------------------------------------------------M HITS Unifo®Terms and C:am ditiom—Gr=v 3.2 EfSective JuIv 2022 Page 4 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions-Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E 11.3 QmD AsusE RE.PORT ;c-a =hff-N-rs...................................................... 22 11.4 CtRTMC ATIUN OF-IIEE TING OT Ex(T-zm G TOs--�C c o-FREE NV ORLTL_iCE POLICY NW—BR7%1 SiAI%D- b----------------------------------------------- --------------------------23 11.5 LNStKJ1CE.�- DBoNDs....-------------------------.........----........................................23 11.6 Lnfm-iT o o XurmR1Ti.-----------------.....................................---------------------.-23 11.7 QuNcEiNLkw-sA..N-DComPLLA cE%i $L ------------ -----------------------------.-24 11.5 SL-BC0-YMkCT0RS----------------------------------------- -------------------- -------------------------------24 1L9 PEFNiiTTL;C- T LICE_NstizE--------------------------------------- ------------------------------------24 11.10 b-DEFF-NDENT C'C:,,T3zJ,.0 GR-----------------------------------------------------------------------------24 11.11 C;auw,-c G L.kw ivD ITEiN-LT...................................................................--.......25 11.12 Ev-EF,43a TY'.----------------------------------------------- .--...--.--...........--.------.......------------- 5 11.13 uR-%Tv--�EILFFY---------------------------------------------- --------------------------------------------------- 5 11.14 oRci-WET-RE------------------------------------------- ---------------------------------.....------------- 5 11.15 NO hiPLIED W-AWER OF PROVISIONS---------- --------------------------------- ------------------26 1.1.16 FL-NDitioDiSc'i-=RR _-�--DUBELiNG............................................................26 11.17 Xkii)u�BELE-ksES-----------------------------------------------------------------------------------------------26 11.18 PRoHmmo:,c ON Noir-CoND=RF-sTRiC oms---------------------------------------------26 11.19 WaREIC4zN hwuNzrY----------------------------------------------------------------------------------------26 11.20 L,%TIRE CON-MkCTMODIFic-jmoN----------------------------------------.....------------.-27 11.21 Co>`hTERPARTS------------------------------------------------------------------------------------------------.-27 1.1.2 PROPER ACTHOP.ITI...........................................................................................27 1.1.23 E-VERuyPRo ..--.----.--...--.--...--.----------------------------------------------.--.----.--...--..27 11.4 Cnn Ricars----------------------------------------------------------------------------------------------------.-27 11.25 ENTERPRisE IlsroiairmmuoN NLLNAGEb=SuLNDARDS---------------------------------28 11.26 DLSCZJO-URF-of Lrri -nox.---------------------------------------------------------------------------.-28 11.27 No TBitD PARTY BEtwEFIcuRm5---------------------------------------------------------------------29 11.28 BI11Dwc,EmcT-------------------------------------------------------------------------------------------------29 HHS Vnifom Teems and C'onditb s—Gr mtt r3.2 Effective July 2022 Page3af29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions-Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E ARTICLE I. DEFLNITICINS AND IiVTERPRETIVE PROVISIONS 1.1 D=moNs As used in this Grant Agreement_unless a different definition is specified- or the context clearly indicates other-vise- the follo%4mg terns and conditions have the meanings assigned t edol�: "Amendment"means a written agreement-signed try the Parties-which documents changes to the Grant Agreement- "Contract'-' greement-"Contract''nr"Grant Agreement'�means the agreement entered into by the Parties, imchmhng the Signahue Document-these Uniform Terms and Conditions,along with any attachments and amendments that may be issued by the System Agency - --Delimerables"means the goods,services_ and work prodact-inchuiing all reports and project doctulaentation-reginred to be provided by Grantee to the System Agency- '-DSHS--'mems gency- '-DSHS"means the Department of State Health Senices. "-Effective Date"means the date on which the Grant Agfeement takes of-ect- --Fedefal Fiscal Year"means the period beginning Octobei 1 and ending September 30 each year,which is the anmW accounting period for the United States goo ernment- --G AP"mems Generally Accepted Accounting Principles. `SGASB-.means the Governmental Accounting Standards Board- `Y&antee-means the Party receiving funds imder this Grant Agreement.Dray also be referred to as"subrecipienr or"contractor"in this document. "HHSC"means the Texas Health and Human Sen�ices Commission. "Health and Human Senrices"or'`HHS"includes HHSC and DSHS. "IntellectLud Property Rim"means the t4wldwide proprietary rights or interests, including patent,copyright, trade secret-and trademark rights,as such right may be evidenced by or embodied in: i. any idea_ design concept-personality right,method-process, technique- apparatus,invention, discovery,or improvement; ii. any work of authorship,including any compilation computer code_website or web page design literary work,pictorial work_or graphic work; iii- any trademark,senice mark trade dress_trade name-branding,or other indicia of source or origin iv. domain name registrations;and fir. any other proprietary or similar rights.The IntellecttW Property Rights of a Party include all t4wldwide proprietary rights or interests that the Party may have acquired by assignment-by exclusive license,or by license with the right to grant sublicenses. `-Parties"means the System Agency and Grantee,collectively- F. means either the System Agency or Grantee, individually- HITS UniRmn Terms and Conditions—G=out v.3.2 Effecmve July 2022 Page 6 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E --Project"means specific activities of the Grantee that are supported by funds provided under this Grant Agreement- "Signature Document"means the document executed by all Parties for this Grant Agreemrent_ ::Solicitation,"'Funding Announcement"or"Request for Applications(RFA),means the doctument(inchAing all exhibits, attachments, and publislled addenda),issued by the System Agency under which applications for grant fiends)vere requested,which is incorporated by reference in the Grant Agreement for all purposes in its entirety- "Solicitation Response:'or"Applicatio 'means Grantee's full and complete Solicitation response(inchu hng any attachments and addenda),%%bich is incorporated by reference in the Grant Agent for all proposes in its entirety_ --State Fiscal Year'-means the period beginning September 1 and ending August 11 each year,which is the wintial accounting period for the State of Texas. -:State of Iexas Tev n-eF means the Texas Comptroller of Public Accounts- state travel rules-policies,and guidelines- -:Statement of Work"means the description ofactitirities Grantee nnist perform to cumpkete the Project-as specified in the Grant Agreement and as may be amended. ::System Agency"means HHSC or DSES,as 4Thcable --Work Product"means any and all works,including work papers,notes,materials, approaches, designs,specifications, systems, innovations-. improvements, inventions, sofhv..Te-programs- source code-documentation,training materials,audio or audio%isual recordings,methodologies, concepts- studies,reports,whether finished or unfinished, and whether or not inchided in the deliverables,that are developed, produced,generated or prop ided by Grantee in connection i%ath Grantee's performance of its duties under the Grant Agent or through use of any funding provideduunder this Grant.Agreement. --Texas Gant N-Lairgeament Standards-or--TxGVlS"means uniform grant and contract adnuinistration procedures, developed under the authority of Chapter 783 of the Texas GmTmment Code-to promote the efficient use of public funds m local goy nmxnt and in programs requiring cooperation among local state,and federal agencies-Under this Gaunt Agree nt, TxGNIS applies to Grantee except as othemvise provided by applicable law or directed by System Agency. Additionally,except as othm-�-Ee provided by applicable law,m the a nt of a conflict between TxGMS and applicable federal or state law,fmderal law prey-ails over state law and state law prevails o-vff TxGNPi. 1? IN=REM-E PROVISIONS A- The memmgs of defined terms mchtde the singular and plural forms. S- The words"hereof;""herein" -°hereumder-"and similar%�wds refer to this Grant Agreenrnt as a whole and not to any particular provision_ section,attachmmt,or schedule of this Grant Agreement unless otherwise specified.- C- The term Irichxliling"is not limiting and means"including without limitation"and, unless otherwise expressly promded in this Gant:Veenrmt, (i)references to contracts HES Unif=Teems and C'onditk —Grant v.3.2 Effecti3-e Jul}2022 Page 7 of 3g DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E (inchlding this Gant Agreement)and other contractual instnlments shall be deemed to include all subsequent Amendments and other modifications_but only to the extent that such Anx dnient5 and other modifications are not prohibited by the terms of this Gant 4greearnt, and(ii)refferences to any statute or regulation are to be constmed as including all statutory and regulatory provisions consolidating,amendding-replacing- supplementing or interpreting the statute or regulation- D- Any references to agreements, contracts,statutes- or administrati ve rules or regulations in the grant Agreemmt are refereuces to these docttawnts as amended,modified, or supplemented during the term of the grant Agreement. E. The captions and headings of this Gfant Agreen.ealt are for convenience of reference only and do not affect the interpretation of this Grant Agreement- F. 411 attacl.mmts, including those incorporated by reference,and any Amendments are considered part of the terms of this Gant 4greement. G- This Grant.Agreement may use se-.,Tral different limitations-regulations,or policies to regulate the sante or similar matters_All such limitations-regulations,and policies are cumulative. H- Unless othenx ise expressly provided,reference to any action of the System Agency or by the Systems.Agency by way of consent, approval- or waiwf will be deemed modified by the phrase:"in its sole discretion_" I. Time is of the essence in this Grant Agreement- J. Prior to execution of the Grant Agreement_ Grantee must notify System Agency�s. designated contact in writing of any ambiguity_conflict_discrepincy,omission, or other error_If Grantee fails to notify the System.Agency desi gllated contact of any ambiguity, conflict,discrepancy,omission or other error in the Grant Agreement prior to Gantee's execution of the Grant Agreement,Grantee: i. Shall Lave wai�Ted any claim of error or an.biguity in the Gant Agreement;and ii. Shall not contest the interpretation by the System.Agency of such provision(s). No grantee will be entitled to additional reimbursement.relief. or ti.nre by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission_ or other error or its later correction- ARTICLE IL PAYMENT PROVISIONS 2.1 PRmfn Rwuuvr Paynient skall be made in accordance with Chapter 2.251 of the Texas Gnw:ument Code- comnu ly known as the Texas Prompt Payvaent Act_Chapter 2251 of the Texas Crm,errLmew Code sliall govern remittance of paynrut and remedies for late payment and non-part. 2.2 TkxTs Grantee represents and tawrants that it shall pay all taxes or similar amounts resulting fia>m the Grant Agreement-inchiding_but not limited to, any federal- State- or local income,sales or excise taxes of Grantee or its employees. System Agency shall not tv liable for any taxes resulting from.the Gant Agreen.ent. HE-15 Vaifoim Terms and Condit ms—Cnamt ti--3.2 F=ffective Jul}2022 Page o€39 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions-Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E 2.3 �iCIIE�h1I _ �� Si��T � SES A. Except is atherwise provided in the Grant Agreement.no ancillary expenses incrnTed by the Grantee in connection with its provision of the services or deliverables will be reinsbuused by the System agency_:ancillary expenses include_but are not limited to, costs associated with transportation. delivery_ and insurance for each deliverable. B_ Except as otherwise provided in the Grant Agreement-when the reimbuu5 meat of trawl expenses is authorized by the Grant Agreement_ all such expenses will be reimbursed in accordance k0h the rates set by the Texas Comptroller's Textron-1 guidelines_which can currently be accessed at: haps:;`fn _cpa.teas_gov,`fmx travel`textraweti`. 2.4 Bnip G Unless otherwise provided in the Crrant Agxeement_Grantee shall bill the System agency in accordance with the Grant Agreement.Unless otherwise specified in the Grant Agreement, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month followw,ing the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.5 USE OF FL-�%ZtS Grautee shall expend fimds under this Grant Agreement only for approved sen.�iccs and for reasomble and allot,-able expenses directly related to those senrices. 2.6 USE FOR NL�TcE ftomi FrED Grantee shall not use funds pro-vided under this Grant:agreement for matching purposes in securing other fimding without the iwntten approval of the System:agency. 2.7 Pitc�cR-mLNc-oxFF Program income rears to grass inconte directly generated by a suupporkag activity chmug the period of performance.Unless othertivise requiredumder the C;r=Agreement, Grantee shall use Program Income,as provided in TxGMS,to further the Project_and Grantee shall spend the Program Income on the Praj ect. Grantee shall identify and report Program Income in accordance with the Grant Agreement_applicable law_and any progrannittic guidance. Grantee shall end Program Income duuing the Grant Agreement term when earned,and may not carry Program Income forward to any succeeding term. Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned_The System agency may base fiuture funding,lewTls,in part. upon Grantee's proficiency in identifying_billing. collecting_ and reporting Program Income_ and in using Program Income for the purposes and tutder the conditions specified in this Grant Agreement_ 2.9 NoN�,t-PPz<-_N-rr{G Groat fLutds const be used to supplement existing_new or corresponding program iiiag and related activities. Grant funds may not be used to supplant(replace)existing fiends that hm..e been appropriated allocated or disbursed for the sYame purpose. System Agency may conduct Grant monitoring or audits may be conducted to review, among other things, Grantee's compliance with this provision. HITS Uniloam Terms and Coast*ns—Cmaut v,3.2 Effective Jul}2022 Page 9 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E 2.9 LND=c`r C'CrT K.TEs The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable Gant Agreen7m ts.For subieapients receiving federal funds,indirect cost rates will be determined in accordance vA1th applicable law lnchmdmg_but not limited to, 2 CSR 200.414(f). For recipients recei�,mg state funds, indirect costs will be determined in accordance with applicable law including, but not limited to,TxGMS_Grantees funded with blended federal and state funding will be subject to bath state and federal regwemmts when. determining indirect casts. In the event of a conflict between TxGMS and applicable federal lava or regulation the provisions of federal law, or regulation will apply.-Grantee urill provide any necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance(UGG)and TxGMS. ARTICLE III. STATE A-N-D FEDERAL FL-N-Dn.-G 3.1 Exc'E55 OBLIG TIONS PROIUBITFD This Grant Agreement is subject to termination or cancellation %kithout penalty to System Agency_either in whole or in part, subj ect to the mailability and actual receipt by System Agency of state or federal funds- System Agency is a state agency those authority and appropriations are subj ect to actions of the Texas Legislature.If System Agency becomes subject to a legislatiiT change,revocation of stahmtory authority,or lack of appropriated fimds that would render either System Agency's or Grantee's delivery or performance under the Grant Agreement inmpossible or unnecessary, the Grant Agreement Mil be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section,System Agency will not be liable to Grantee for any damages that are caused or associated with such termination or cancellation, and System Agency ivill not be rewired to give prior notice.Additiouaally_ System Agency N111 not be liable to Grantee for any r aem_mn g unpaid funds umder this Grant Agreement at time of termmation- 3.2 NoDiEBIAGAIItiSTIHE SI_SiIE This Grant Agreement will not be construed as creating any debt by or on behalf of the State of Texas_ 3.3 DEBI5 42\zrD1: ,QT.ENcIES Grantee agrees that any payments due under the Grant Agreement shall be directly applied towards eliminating any debt or delinquency uency it has to the State of Teslas including,but not limited to, delinquent taxes_delinquent student loan payments_ and delinquent child support during the entirety of the Grant Agreement term_ 3.4 REFI-.,�DS_SND O'%uu mjiE -rs A_ At its sole discretion_the System Agency may(i)withhold all or part of any payments to Grantee to offset overpayments-unallowable or ineligible costs made to the Grantee_or if any required financial status report(s)is not submitted by the due date(s)-1 or(ii)require Grantee to promptly refund or credit-urithin thirty(30)calendar days of written notice— to Sy°stenm kmiw any fimnd_ erroneously paid by System:agency which are not expressly authorized tuider the Grant Agreement— HE-IS Uwdra Terms and Condit iam—G mt v.3.2 Effecme July 2022 Page 10 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E B. ` erpayments"as used in this Section include payments(1)made by the System Agency that exceed the maxmnw1 allowable rates;(u)that are not allowedunder applicable laws,rules_or regulations;or(iii)that are otllen-ise inconsistent with this Gant .Agreement_including any unapproved exp€nditmes_Grantee understands and agrees that it shall be liable to the System Agency for any costs disallowed pursuant to financial and compliance audits)of funds received under this Grant Agreement_ Grantee further understands and agrees that reimbiusement of s12ch disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made mailable to Grantee under this Grant Agreement. ARTICLE IN'. ALLONVABLE COSTS AND AUDIT REQUIREMENTS 4.1 A-nom,oLz Cosrs A_ Allowable Costs are restricted to costs that are alnhorixed under Texas Uniform Grant Management Standards(TxGMS)and applicable state and federal rules and laws.This Gant Agreement is subject to all applicable requirements of TxGNIS_including the criteria for Allowable Costs_Additional federal regtfirements apply if this Grant Agreement is funded,in t�thole or in part,with federal funds_ B_ System Agency will reimburse Grantee for actual,allowable, and allocable costs incurred by twee in performing the Proj ect,provided the costs are sufficiently documented. Grantee nnrst Lave incurred a cost prior to claiming reimbursement and within the applicable terns to be eligible for reimbursement under this.Grant Agreement.At its sole discretion the SystemAgency wrill det�ennine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup)from remaining fiends a-vailable wider this Grant Agreement in amounts necessary to fulfill Grantee's repayment obligations. Grantee and all payments received by Grantee under this Gant Agreement are subject to applicable cast principles,audit requirements,and administrative requirements including applicable provisions under 2 CFR 200,48 CFR Part 31_and TxGMS- C_ O1VB Circulars will be applied with the modifications prescribed by TxG.%IS with effect gi,,\en to whichever provision imposes the more stringent requirement in the event of a conflict 4.2 A[DTTS,_'LNm FP;-k- C:LjLL SIA EX ENTS A_ Audits i_ Grantee understands and agrees that Grantee is subject to any and all applicable audit requirements found in state or federal lave-or regulation or added by this Grant Agreement ii_ HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Farm If Grantee fails to complete the farm within thirty(30)calendar days after receipt of notice,Grantee maybe subject to sanctions and remedies for non-compliance- iii. If Grantee_Mthin Grantee's fiscal year_ expends at least SEVEN HLJNDRED FIFTY THOUSAND DOLLARS($750,ODO)in federal funds a%a^arded,Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200_ The federal HIi5 Uniform Terms and C:owhboos—Giant v,3.2 EffectLve Jul}2022 Page 11 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E threshold amount includes federal ftmds passed through by way of state agency awards. iv_ If Grantee,vathin Grantees fiscal year_ expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS($750,000}in state fands awarded, Grantee shall have a single audit or program-specific audit in accordance%pith TxGMS. The audit must be conducted by an indepeadmi certified public accountant and in accordance%pith 2 CFR 200,Government Auditing Standards, and TxGMS. v- For-profit Grantees whose expendihues meet or exceed the federal or state expmdihue thresholds stated above shall follow the guidelines in 2 CFR 200 or TxGMS,as applicable,for their program-specific audits_ Each Grantee required to obtain a single audit must competiti'My re-procure single audit senrices once every six years.Grantee shall pro=audit services in compliance with flus section- state procurement procedures,as well as with applicable provisions of 2 CTR 200 and TxGMS_ B_ Financial Statements. Each Grantee that does not meet the expenditure threshold for a single audit or progranl- specific audit_numst provide financial statements for the audit period_ �.3 SL�I�II55gU�OF ALZ}1T5_�1Z}FLv�1 C:Ly.L SI iTFh�ti75 A_ Audits. Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year,Grantee shall submit one electronic copy of the single audit or program-specific audit to the System Agency aria: i_ HHS portal at https:;',"hhspaztal_hhs_state.t cus,heam-4rebextr.hhscSau or. ii_ Email to: single audit reportfbhsc.state.tx.us. B_ Financial Statements. Due no later than nine months after the Grantee's fiscal year-end,Grantees not required to submit an audit,shall submit one electronic copy of their financial statements-,ia: i_ HHS portal at https::',"bhsporral_hhs.state.tx_u&.'heam-�,ebextrihhsc Sall;or_ ii_ 'Email to: single audit report hhsc.state.tx.us. ARTTC'LE V. W.ARR-ANTY,AFFIKUXTTCINS, ASSUTUNC'ES AND C'ERTMC:ATICINS Grantee i4urrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade_ profession. or induce; shall conform to or exceed the specifications set forth in the Giant Agreement:and all deliverables shall be fit for ordinary use,of goad quality,and with no material defects_If System Agency, in its sole discretion determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement,the System Agency may require Grantee, at its sole expense_to: i. Repair or replace all defective or damaged i4wk; ii. Reftmd any payment Grantee received from System Agency for all defective or damaged work and, in conjunction therem4ith,require Grantee to accept the return n of such work-, and, HIES Unif=Terms and Con&bans—Grout v,3.2 Effemix July 2022 Page 12 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E in. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requireulents. 5.2 GFNERU AFFIRMATIONS. Grantee certifies that, to the extent affumations are incorporated into the Grant Agreement_ the grantee has rndev�-ed the affirmations and that Grantee is in compliance with all requirements. 5.3 FEDEK--L A, si-R'ANCES Grantee further certifies that, to the extent federal asnuances are incorporated into the Grant Agreement,the Grantee has revieived the federal assurances and that Grantee is in compliance with all retpairements. 5.4 FEDER.�I.CERTMC AIIOM, Grantee further certifies that,to the extent federal certifications are incorporated into the Grant Agreement,the Grantee leas reviewed the federal certifications and that Grantee is in compliance with all resp remtents. In adchtiori Cfantee certifies that it is in coni lance with all applicable federal laws_riles_and readatiolls_as they may pertain to This Grant A Tenx!+rr. 5.5 STATIE.USURINCES Except to the extent of any conflict under applicable law or regriire7<ments or gilideliaes of any federal awarding agency from which fimdmg for this Grant Agreement ongimited the Grantee must comply with the applicable state assivances included within the TxGNIS which are incorporated here by reference_ ARTICLE VI. INTELLECTUAL PROPERTY 6.1 0vw-\EKof WorK PR0DT- :T A_ All right,title,and interest in the TWork Product_inclmvding all Intellectual Property Rights therein,is exclusively owned by System Agency. Grantee and Grantee's employees will have no rights in or oi�mership of the Work Product ori any other property of System Agency. B_ Any and all Work Product that is copyrightable imder United States copyright law is deemed to be--work made for hire"owned by System Agency, as p o-„ided by Title 17 of the United States Code. To the extent that Rork Product dens not qualify as a"work- made workmade for hire”under applicable federal law,Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns,the entire right_title,and interest m and to the Work Product_ imchxhag any and all Intellectual Property Rights embodied therein or associated therew,itli and in and to all%�wks based upon_ derived from,or incorporating the'Work Product.and in and to all inconme.royalties_damages, claims and payments now or hereafter due or payable with respect thereto,and in and to all causes of action- either in law or in equity for past,present or future infringement based on the connghts,and in and to all rights corresponding to the foregoing. C_ Grantee agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. HHS L-tform T3T'1< aad 0 mditiaos—Gmat V_3.2 =ffec sive July 2022 Pate-2-of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E D. In the eveat that Grantee has any rights in and to the Rork Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, i4wldwide,royalty-free,transferable, irrevocable,and perpetual license,with the right to sublicense,to reproduce; distribute-modify-create denvatum works of publicly perform and publicly display,make,have made,-use; sell and offer for sale the Work Product and any products developed by practicing such rights. E. The foregoing does not apply to Incorporated Pre-existing Warks or Third Parte IP that are incorporated in the Work Product by Grantee-Grantee shall provide System Agency access during normal business hours to all Grantee matem-ds. premises, and computer files containing the Work Product. 6.2 GR--N-nE'SPRF-E-vsTDoX%-oRK A. To the extent that Grantee incorporates into the'Work Product any works of Grantee tLat were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Grant Agreement C"Inculporated Pre-enStingLarks",Grantee retains ot4uership of such Incarprrated Pre-existing Works. B- Grantee hereby grants to System Agencyan irrevocable,perpetual,non-exchisive, royalty-free,transferable,worldiOde right and license-with the right to sublicense- to use,reproduce,modify-copy-create derivatiiv works of.pubhsh-publicly perform and display, sell,offer to sell-make and have made, the Incorporated Pre-e3isting Works- in any medium with or without the associated Work Product- ["- Grantee represents,warrants` and covenants to System Agency that Grantee has all necessary right and authority to grant the foregoing license in the Incorporated Pre- emsting Works to System Agency- 6.3 TB D P -r IP A. To the extent that any Third Party IP is inchuded or incorporated in the Work Product by Grantee-Grantee hereby grants to System Agency,or shall obtain from the applicable third party for System Agency's benefit, the irrevocable,peapetual,non-exchisive, worldwide-royalty-free right and license; for System Agency's internal business or governmental purposes only; to use reproduce,display,perRmii,distribilte copies of and prepare dem,ative%4 orks based upon such Third Party IP and any deTn,ative Works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and to authorize others to do any or all of the foregoing. B- Grantee shall obtain System Agency s advance written approval prior to incorporating any Third Party IP into the Work Product,and Grantee shall notify System Agency on delivery of the-Wofk-Product if such materials inchude any Third Party IP. C- Grantee shall provide System Agency all supporting documentation demonstrating Grantee's compliance with this Section 6-3_including without limitation documentation indicating a third party's written approval for Grantee to use any Third Party IP that may be incorporated in the-Work Product- 6.4 Ac-REFNa-Nzs RTra EmmonE jN-D SL-sc-c%-rF--1.cio Grantee shall have written binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee-s obligations under this Article 11,Intellectual Property- HIES Undo¢m Terms and Conditions—Grout v.3.2 Effective Jul}2022 Page 14 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E 6.5 IDFs TKY i-PoN TFK �.uoN OR Ex-PiKkuo No later than the first calendar day after the termination or expiration of the Grant Agreement or upon System Agmcy's request,Grantee shall deliver to System Agency all completed,-or partially completed,Work Product,including any Incorporated Pre-existing Works-and any and all versions thereat:. Grantee's faihire to timely deliver such Work Product is a material breach of the Grant Agreement.Grantee%� ll not retain any copies of the W,ork-Product or any documentation or other products or results ofGrantee s activities under the Grant Agreeemmt w ithout the prior written consent of System A. -v. 6.6 ST-m-n,iL The provisions and obligations of this Article survive any termination or expiration of the Grant Agreement. 6.7 SysTn i AGExc y D-kI.k A- As betwe m the Parties_all data and information acquired,accessed-or nilade a�Bailable to Grantee by,through,or on behalf of System Agency or System Agency contractors, including all electronic data generated,processed,transmitted. or stored by Grantee in the course of prmiding data processing services in connection with Grantee's pe fmmance hereimder(the"System Agency Data')_is o-amed solely by System Agency. B- Grantee has no right or license to use, analyze- aggregate, transmit, create derivatives of- copy, f- copy,disclose,or process the System Agency Data except as reginred for Grantee to fidU its obligations under the Gr.ant Agreenvmt or as authorized in advance in writing by System Ak ~y. C- For the avoidance of doubt,Grantee is expressly prohibited from using,and from permittuig any third party to use, System Agency Data for maarlwxting_research,or other non-gcnimmental or comaxrc-ial purposes,ivithout the prior u-ritten consent of System :agency. D- Grantee shall make System Agency Data available to System Agency,including to System Agency's desisted vendors,as directed in writing by System kency. The foregoing shall be at no cast to System Agency. E. Furthermore,the proprietary nature of Grantee's Systems that Process- Store-collect, and, trams ut the S-Ystem Agency Data shall not excuse Grantee-s performamce of its obligations herexmder. ARTICLE VII. PROPERTY 7.1 USE OF STATE PROPERTY A. Grantee is prohibited frons using State Property for any pxupose other than perfor yg Services authorized under the Grant Agreement- B- State Property inch_but is not limited to, System Agency's office space, identification badges, System Agency information technology egLApnlent and networks (ag., laptops-portable printers,cell phones,iPads or tablets, external hard drives, data storage devices. any System Agency-issued software, and the System Agency Virtual Private Nem ork(V13N client)),and any other resources of System Agency. HITS Uniform Terms and C anditiGm—G mt v-3.2 EffectuL a July 1)22 Page•15 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E C_ Grantee shall not remove State Property from the continental United States. In addition Grantee may not use any computing de-ice to access System Agency's nenvorlti or e- mail while oirtside of the continental United States_ D_ Grantee shall not perform any maintenance services an State Property unless the Granit Agreeatent expressly awhorizes such Senices. E. During the time that State Property is in the possession of Grantee;Grantee shall be responsible for: i_ all repair and replacement charges incurred by State.Agency that are associated with loss of State Property or damage beyond normal wear and tear,and ii_ all charges attributable to Grantee's use of State Property that exceeds the Grant Agreement scope.Grantee shall fully reimburse such charges to Systema Agency within ten(10)calendar days of Grantee's receipt of System Agency's notice of amoimt due_Use of State Property for a purpose not authorized by the Grant Agreement shall comtitute breach of contract and may resullt in termination of the Grant Agreement and the ptusuit of other remedies mailable to System Agency under contract; at law,or in equity- 7.2 D NLIGZ TO STATE PROPERTY A_ In the in`ent of loss,destnlction_or damage to any System Agency or State of Texas owned, leased;or occupied property or equipment by Grantee or Grantee's employees; agents,Subcontractors;or suppliers_Grantee shall be liable to System Agency and the Skate of Texas for the full cast of repair, reconstruuctim. or replacement of the last; destroyed,or damaged property. B. Gdantee shall notlfy System Agency of the loss,destnlction,or damage of equipment or property Mthin one(1)business day_ Grantee shall reimburse System Agency and the State of Texas for such property damage within ten(10)calendar days after Grantee's receipt of Sy.tem Agency's notice of amount due. 7.3 PROPERTY FSI cH-rSL PoN TF-R mi--k o oR ExTm-rio DF CoN-n c r In the e�,ew the Grant Azreenwnt is terminated for any reason or expires,State Property remains the properr}of the System Agency and nuist be rehrned to the System Agency by the earlier of the end&;te of the Grant Agreernent or upon System Agency's request. '.4 EQLiPN ,-r-�ZF PRoPERT4' A The Grantee must ensure egtnpment with a per-emit cost of$5;000 or greater purchased with grant funds under this au�nrd is used solely for the purpose of this Grant or is properly pro-rated for use imder this Grant. Grantee nmst have control systems to pre-.rent loss, damage_or theft of property fimded under this Grant_Grantee shall maintain equipment=agement and inventory procedures for equipment_whether acgtrired in part or whole with grant funds;imtil disposition occurs_ B. When equipment acquired by Grantee under this Grant Agreement is no longer needed for the original project or for other activities currently supported by System Agency,the Grantee nuisk properly dispose of the equipment pursuant to 2 CTR and-or TxGMS,as applicable. Upon t nnination of this Grant Agreement; use and disposal of equipment by the Grantee shall conform with TxGMS req iirements_ G Grantee shall initiate the pturch..ase of all equipment apprm.Td in writing by the System Agency in accordance with the schedule approved by System:agency,as applicable. HIES VniR=Terms and Condaims—Grout x-.3.2 Effective Iuly?022 Page 16 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E Faiih>fe to timely initiate the purchase of equipment may result in the loss of availability of funds for the puuchase of equipment. Requests to puuchase pretiricusly approved equipment after the fust quarter in the Grant Agreement must be subnli tted to the assigned System Agency contract manager_ D. Controlled:assets include firearms,regardless of the acquisition cost, and the follovdrig assets with an acquisition cast of$500 or mare,but less than$5,040: desktop and laptop computers(including notebooks, tablets and similar devices),non-portable printers and copiers, emergency management equipment_ comnumi cation devices and systems. medical and laboratory equipment. and media equipment. Controlled Assets are considered supplies. E System Agency funds midst not be used to purchase buildings or real property x0thout prior written approval from System:agency_Any costs related to the iinitial acquisition of the buildings or real property are not allowable withrnrt imtten pre-approval- ARTICLE VIII. RECORD RETENTION, AUDIT,A_N-D CONFEDENTLA-LITY 8.1 REc-oaD.IiAr,.-rEti icy A�-DRFT -noN .A_ Grantee shall keep and maintain under GAAP or GASB,as applicable,full_ true_and complete records necessary to fully disclose to the System Agency-the Texas State Aiuditor's Office_the United States Go'wnm nt_and their authorized representati ws sufficient information to determine compliance with the terms and conditions of this Grant Agreentent and all state and federal rules,regulations. and statutes_ B_ Grantee shall maintain and retain legible copies of this Brant Agreement and all records relating to the performance of the Grant Agreement, including supporting fiscal doctmimts adequate to ensure that claims for grant fund are in accordance with applicable State of Texas requlire9meats. These records shall be maintained and retained by the Grantee for a rainirrnum of seven( years after the Grant Agreement expiration date or seven(7)years after all audits, claims, litigation or disputes involving the Grant Agreement are resolved WLAchesrer is later. 8.1 ADEN cy-'S RimT IO At-Drr A_ Grantee shall make available at reasonable times and upon reasonable notice, and for reasonable periods,work papers, reports.books,records, supporting documents kept current by Grantee pertains to the Grant Agreement for purposes of inspecting, monitoring,auditing,or evaluating by System Agency and the State of Texas. B. In addition to any right of aces arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations.or Subcontractors shall permit the System :agency or any of its duly authorised representatives_as well as duly authorized federal, state or local authorities,unrestricted access to and the fight to examine any site MwTe business is conducted or services are performed, and all records,which includes but is not limited to financial,client and patient records,books-papers or documents related to this Grant Agreement. If the Grant:agreement includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency prmiding the funds_the Comptroller General of the United States_the General :accounting Office. the Office of the Inspector General,and any of their authorized HITS Vaifo¢m Terms and C ondiwas—Grant v_3.2 Effecme Jul}2022 Page 13 of 2.9 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E representati-i,es. In addition. ageucie:s of the State of Temas that shall ha-ve a right of access to records as described in tlus section include:the System Agency, HHS's contracted uaminers; the State Auditor's.Office" the Office of the Texas Attorney General_and any successor agencies. Each of these entities may be a duly attthorizad authority" C', If deemed necessary by the System:agency or any duly authorized authority, for the ptupose ofmiestigation or hearm& Grantee shall produce original doctunents related to this Gant Agreement. D" The System Agency and any duly authorized authority shall have the right to audit billings bath before and after pa�mient" and all documentation that substantiates the billings" E. Grantee shall include this provision concerning the right of access to"and exra +nation of,sites and information related to this Grant Agreement in any Subcontract it awards. S,3 RFSPONSEI�C?��LL��C�1iITI�AL�ri OR II�SPECTID�FE��>�G5 A. Grantee nnist act to ensure its and its Subcontractors'compliance ix ith all corrections necessary to address any finding of noncompliance with any law.regulation, audit requirement,or generally accepted accounting principle, or any other deficiency identified in any audit;re,riew,or inspection of the Grant Agreement and the sertrices. and Deliverables protivided.Any such correction will be at Grantee's or its Sdxontractor's sole expense"Whether Grantees action corrects the noncompliance shall be solely the decision of the System Agency" B" As part of the sengces,Grantee must prm,ide to HHS upon request a copy of those portions of Grantee's and its Subcontractors'internal audit reports relating to the senices and Deli�wables provided to the State under the Gant Agreement. 8.4 SI-IE ArDrro s,RIGH To Aum-r The state auditor may conduct an audit-or investigation of any entity recenmg finds from the state directly under the Grant Agreement or indirectly thramrgh a subcontract tinder the Grant Agreement. The acceptance of funds directly under the Grant:agreement or indirectly through a subcontract under the Grant Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislature audit committee"to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee_an entity that is the subject of an audit or iavestigation by the state auditor nnwst provide the state auditor with access to any information the state auditor considers relevant to the imTstigation or audit. 8.5 C oNT DE�,-rLlkury Grantee shall maintain as confidential and shall not disclose to third parties without System Agency's prior written consent,any System Agency information inchtding but not limited to System Agency's business activities practices, systems,conditions and services. This section will survive termination or expiration of this Gant Agreement. This requirement must be included in all subcontracts atxwded by Grantee" HIiS Unifom terms and CondLt ms—[meat v,3.3 `.'e=tiIE July 2022 Page 18 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E ARTICLE LN. GR.-N1T RENlEDIES, TER-NII' ATION AND PROHIBITED AC:TINTTIES 9.1 RF--NlFDTFs A To ensure Grantee's full performance of the Grant Agreement and compliance with applicable law, System Agencyresen�es the right to hold Grantee accountable for breach of contract or sti standard performance and may take remedial or correcti�.T actions_ inclldwg�bit not limited to the following: i_ temporarily txithholding cash disbursements or reimbursenrnts pending correction of the deficien.7, ti- disallowing or denying use of fiends for the activity or action deemed not to be in compliance; iii. disallowing claims for reimbLusement that may rerYuire a partial or whole rettuu of pre'nous P,a�ments cr reimbursements:' iv_ suspending all or part of the Gramt Agreement; v. requiring the grantee to Mae specific actions in order to remain in co-ntpliamce with the Grant Agreement; vi. recouping payments made by the System Agency to the Grantee found to be in error; vii_ stupenfting, limiting or placing conditions on the Grantee-s continued performance of the Project; viii. prohibiting the Grantee from recei,•ing additional frmd_ for other.grant programs administered by the System Agency until satisfactory compliance resolution is obtained: ix- withholding release of new grant agreements;and x_ intpasing any other remedies, sanctions or penalties authorized under tli s Grant Agnmrnt or permitted by federal or state stahrte, law_regulation or rule_ BL Unless expressly authorized by System:agency, Grantee may not be entitled to reimbuusenrrt for expenses incurred chile the Grant Agreement is suspended. C No action taken by System Agency in exercising remedies or imposing sanctions i�-ill constitute or operate as a waiver of any other rights or remedies available to System :agency under the Grant Agreement orptusuant to law. Additionally,no action taken by System Agency in exercising remedies or innposing sanctions willconstitute or operate as an acceptance.waiver,or cure of Grantee's breach. Unless expressly authorized by System Agency,Grantee may not be entitled to reimbursement for expenses incurred Mule the Grant Agreement is suspended or after tertinatiom 9-1 TF>-.mono,,Fox Cw%i-= c>= The System Agency may terminate the Grant Agreement- in whole or in part,at any time when. in its sole discretion,the System Agency detenamines that to rniumtion is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency,s notice of ternmination- 9.3 TEK%jr� IioN E'OR C-►rsiE A- Except as otherurise pr(naded by the U S.Bankruptcy Code,or any successor Law, the Systemxi.kgency may tmuinate the Grant Agreement Yin%%bole or in part-upon either of the folloi4 ing conditions: HEU Uuif=Terms and ConditWm—Gramt ti-_3.2 EffectNne July 2422 Page 19 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E i. _Material Bivach The System.Agency may Terminate the Grant Agreement- m u�llole or in part,if the System Agency deterries,in its sole discretim that Gante�e has materially breached the Grant Agreement or has failed to adhere to any laws, ordinances, rules-regulations or orders of any public autluority kngng jurisdiction,whether or not such violation prnents or sribstantiallyin4m;rs performance of grantee's duties under the Grant Agreement.Grantee's misrepresentation in any aspect including, but not limited to, of Grantee's Solicitation Application- if any,or Grantee's addition to the SAM exclusion list(identification in SAM as an excluded entity) may also constitute a material breach of the Grant Agreement_ ii. Failure to Mainvdn Financkil Viability The iabilits- The System Agency-may terminate the Grant Agreement if the System Agency,in its sole discretion determines that Grantee no longer maintains the fmmcial viability rewired to complete the senices and deliwrables, or othmvise frilly perform its responsibilities under the grant Agreenriat. B- System Agency-will specify the effertiw date of such ternilit tion in the notice to Grantee. If no effective date is specified,the Grant Agreement will tenni to on the date of the notification. 9.4 GR',NTEE RESEoNsiBII ry FoR Sx-,mi AGE-Nc Y's TERNM ATION C DSTS Ef the System Agency terninates the Grant Agreement for cause. the grantee shall be responsible to the System Agency for all costs incurred by the System Agency and.the State of Texas to replace the Grantee. These costs include.but are not limited to.the costs of proctuing a substitute grantee and the cost of any claim or litigation attrib sable to Grantee's faihue to perform any Liwk in accordance with the terms of the Gant Agreement. 9.5 E',,-BiRE-,%TLI RELIT—io s AcT ma, Grantee may not use grant funding to engage in inherently religious activities, such as proselytizing,scripture study,or worship. Grantees may engage in inherently religions activities;however, these activities must be separate in time or location from the grant- funded program.Moreover,grantees must not compel program beneficiaries to participate in inherently religious activities.These requirements apply to all Prantees,not just faith-based organizations. 9.6 PoI_arlcAI Acm=Es, Grout funds cannot be used for the folloaring actrAties: A- Grantees and their relevant sub-grantees or subcontractors are prohibited from using grant fluids directly or indirectly for political purposes, inchuding lobbying, advocating for legislation,c-aan:4iaignmg for, endorsing, contributing to, or othem-ise supporting political candidates or parties,and votes registration campaigns. Grantees may use prig-ate-or non-System.Agency money or contributions for political Purposes but may not charge to,or be reimbiused from System Agency contracts or grants for the costs of such acti,,Yties. B- Gant-funded employees may not use official authority or influence to achieve any political purpose and grant funds caiwot be used for the salary,benefits, or any other compensation of an elected official- HITS UaifD m rerms and CondLtLms—Gmtv.3.2 Effective July 2022 Page 20 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E C'_ Grant fiords may not be used to employ-in any capacity, a person who is required by Chapter 305 of the Texas Gowrnnwnt Cade to register as a lobbyist.Adiditionally_grant fiords cannot be used to pay membership dues to an organization that partially-or wholly pays the salary of a person who is required by Chapter 305 of the Texas Go wrn�nt Code to register as a lobbyist. D_ As applicable, Grantee will comply viqth 31 USC § 1352,relating to the limitation on i>se of appropriated ftmds to influence certain Federal contracting and financial transactions_ ARTICLE X. INDE_1L1-ITI' A. GRANTEE SHALL DEFE-ND.LN-DEILNffI k\DHOLD HARMLESS THE STATE OF TEXLkS ANS SYSTEM AGENCY-,AND-'OR THE IR OFFIC ERS, AGENTS,ENIPI.OYEES,REPRESENTATIL-ES, CONTR-A(TORS. ASSIGNTES.A-\D.,'OR DE,SIG-XTES FROM_ -N-Y XND ALL LLkBIL.ITY, ACTIONS, C-.AUCs,DE1iAN S, OR SITI S.AN-ALL RELATED COSTS, ATTORNEYS'FEES.AND INTENSES-ARISING OiT OF OR RESiZTLNG FROM ANY ACTS OR OIIISSIONS OF GRANTEE OR ITS AGENTS, EMPLOITES.SI-BCONTRACTORS.ORDER 11-.FI=RS, OR SUPPLIERS OF SUBCONTRACTORS V THE ENTCITION OR PERFORNLANCE OF THE GRANT AGREENIElN7 AND ANY PURCHASE ORDERS ISSI'ED i-TDER THE GRANT AGREEIIEN-T. B. THIS PARAGRAPH IS NOT IN`--\`DED IO AND NAII.L NOI BE CONSTRI-ED TO REQI-ERI GRANTEE TO LNTDENLN-ffY OR HOLD H-AR1II.ESS THE STATE OR THE SYSTE-I AGENC I-FOR—N-Y CT._AIALS OR LLABILITIES RESI'LIr�G FRO-11 THE NTC:LI GE NT AC T S OR OMISSIONS OF THE SYSTEM AGENCY OR ITS E-1IpLC11TES. C. For the avoidance of doubt,System Agency shall not indemnify Grantee or any other entity-under the Grant Afreement. 10.2 IN- Eu.Ec'raA.PRoPERTi- GRANTEE SHALL DEFEND, INDE_ILNTFY..AN-D HOLD HARMLESS THE SYSTEM ADEN C —ANT THE STATE OF TEXAS FROM A_N-D AGAINST AST AND ALL CIALIIS. ZC)L ATION .:IdISAPPP4OPRIAIION S, CDR LNTRLtiGENIENI OF AN-'PATENT, TR.ADE11ARK C:OPIRIGHT. TRADE SEC:REI.OR OTHER LNTELLEC:TiAL PROPERTY RIGHTS A_N-D?OR OTHER LNT_�N GEBLE PROPERTY.. PUBLIC-FFY OR PRI'VAC-1-RIGHTS_,AND?OR IN C ON-NTC TION NATFH OR ARISPiG FROM: L THE PERFORMANCE OR ACTIONS OF GMANTEE PITRSLT.ANT TO THIS GR-kNT AGREE)LENT; ii ANY DELR-EK- BLE,11-ORK PRODUCT, CONTIGI'RED SERA ICE OR OTHER SERNTCE PROVIDED HEREI�DER;N-D.OR k S`VSTENI AGEN CI"S_ ND!OR GRANTEES ITSE OF OR ACQUISITION OF ANT-REQUESTED ESTED SERATC.IS OR OTHER FFEMS PROVIDED IO S`VSTENI AGENCY 13Y GR.AN'TEE OR OTHERIIISE TO�NHIC.H SYSTENI HITS Uniform Terms and Conditions—Gnmt vc 3.2 Effective July 2022 Page 21 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E AGENC I-IL S ACCESS AS A RESiZT OF GRA-NTEE'S PERFORNLA. CE 1-NDER THE GRA_NTI AGREEME_NTI. 10.3 ADDrrioN.0 L,,DD P>{(msioNs A. t R--NTEE AND SYSTE.11 AGENCY-AGREE TO FURNISH TLIYELY WRITTEN NOTICE TO EACH OIHER OF ANY LN-DEWSTTY CI-ADL GR--NTEE SHALL BE LLABLE TO PAY ALL COSTS OF DEFENSE, LV CLUDL�G ATIORNEYS'FEES, S. IHE DEFENSE SHALL BE COORDINATED BY THE GR_A_NTEE 11TIH THE OFFICE OF THE TE4AS ATTOWNEY GENTRAL 11-HEN TENAS STATE AGINCIES ARE N_AIIED DEFEND_-N7S IN_ 'LAWSLTT_k\Il Gly-_*TEE 'NLS Y NOI AGREE TO ANY SETTLE--NI£NT�AITHOLT FIRST OBT. F�G IHE CONCTR.RENC:E FROII THE OFFIC E OF THE TEXAS ATTORN-EY GENE FLU. C. GK-0 TEE SHALL REIMBURSE SYSTE.l1 AGENCYA-NDTHE STATE OF TEXAS FOR ANY CIADI.S.DA_1LIGES, COSTS.ENPENSES OR OTHER z0IOL TS.r C=DD G, B171 NOT LDJ11TED TO,ATTORNEYS-FEES ANS COURT COSTS,ARISr G FROM ANY SUCH CI.ALIL IF THE SYSTE11 AGENCY DETER-11LN"ES THAT ACONFLICT E_VSTS BET"IEN ITS DTERESTS-AND THOSE OF GRANTEE OR IF SYSTEM AGENCY I:S RE iTRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL. SYSTEM AGENCY IN-ILL BE PER11ITTED TO SELECT SEPARATE COUSSEL_XD GRAZi TEE SILUI PAS-ALL REASONABLE COSTS OF SYSTEM AGENCI"S COUNSEL. ARTICLEE XI. GENERAL PROVISIONS 11.1 AN Except as othen-�&e expressly provided_the Grant Agreement niav only be amended by a written Amendment executed by Moth Parties. 11.2 NoQ'U.�_Y=G KR ,N=ES The System Agency makes no guarantee of volume or usage of work tuxder this Gi wt Agreement_All w-ork requested may be on an irregular and as needed basis throughout the Gnmt Agreement term. 11.3 Cm D ABusE ltEPoRTIlSG liEQ1.71{El6fL-N,rs A Grantees shall temply%pith child abuse and d reporlang requirements m Texas Fatamly Cade Ch2pter 2.61. This section is in addition to and does not supersede my other legal obligation of the Grmtee to report child abuse_ B_ Graotee shall use the Texas Abuse Hotline Website located at haps:;' �� _tabtasehotiine.orgin DeLtult.aspx as requiredby the System Agency. Grantee shall retain reporting docimwnrtation oa site and make it available for inspection by the System Agency- HITS Unif=Teems and Cond=m—Gram%.3.2 Effective Jul}2022 Page 22 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E 11,4 CERTIFIC_k IOItiOF'-% ErrriGoRE,-%-(:EEDDic;ToB-kc-co-LSF)Voij%yi..-kcEPoiic,' AIItiT�ttT►r Sr_���_�xns A. Grantee certifies that it has adapted and enforces a Tobacco-Free WorkTlace Polio that meets or exceeds all of the following minimum standards of i_ Prohibiting the use of all forms of tobacco products_ inchiding but not limited to cigarettes, cigars,pipes,water pipes (hookah),bilis,lzeteks, electronic cigarettes, smokeless tobacco; snuff and chewing tobacco; u_ Designating the property to i41lich this Policy applies as a"designated area,"which must at least comprise all buildings and structures inhere activities fimdedimder this Grant Agreement are taking place,as ii ellas Grantee owed, leased or controlled sidewalks_parking lots,waflm ay-s, and attached parking structures immediately adj scent to this designated area.; iii. Applying to all employ and Asitors in this designated area;and iv_ Providing for or referring its employees to tobacco use cessation services_ B_ If Grantee cannot meet these minimum standards_ it must obtain a waiver from the System Agency. 11.; Ln iTu-Nci_'_N-D BONDS Unless odxnk°ise specified in this Cznfmct_Grantee shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper ftiffillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance. in the type and amount customarily carried iv.ithm the industry as determined by the Sy-stem Agency. Grantee shall prmade evidence of imivan e:as required imder this Contract,including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and :tent of coverage granted by each such policy,upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the tears of this Contract_Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the teen of this Contract.Grantee r n st produce renewal certificates for each type of coverage In addition_if required by System:agency_Grantee nnist obtain and haNe on file a blank=et fidelity bond that indemnifies System Agency against the loss or theft of any grant fiords_ including applicable matching funds_The fidelity bond must cover the entirety of the grant term and any subsequent renewals_The faihue of Grantee to comply%with these requirements may subject Grantee to remedial or corrective actions detailed in section 10.1; General Indemnity,abo—e. These and all ether insurance requirements under the Grant apply to both Grantee and its Subcontractors_ if any_ Grantee is responsible for ensuring its&ibcontractors` compliance with all its_ 11.6 LnnriTaoN oN AnHoR A_ Grantee shall not have any authority to act for or on behalf of the System ency or the State of Texas except as expressly provided for iu the Grant:agreement;no other authority- power_er use is granted or implied.Grantee may not incur any debt, HHS L-yf,,rm Iez-m aad C amt ms—Granit v.,3.2 Effectvti a July 2022 Page 23 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E obligation.. expense, or liability of any kind on behalf of System Agency or the State of Texas. B_ Grantee may not rely upon implied authority and is not granted authority under the Grant Agreenkmt to: i_ Make public policy on behalf of the System Agency- ii- Pronuilzaate_amend,or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program:or iii. Unilaterally comtmunici or negotiate with any federal or state agency or the Texas Legislature on behalf of the System:agency regarding System Agency programs or the Grant Agreement_Howews,upon System Agency request and with reasonable notice from System Agency to the Grantee,the Grantee shall assist the System Agency in communications and negotiations regarding the Work under the Grant Agreement with state and federal govTmments. 11.7 CaANGE r Uini�%D Cave cE vu a L A ws Grantee shall comply with all laves,regulations,reginrements and guidelines applicable to a Grantee providing ser+.rices and products required by the Grant Agreement to the State of Texas, as these laws,regulations,regiireme is and guidelines currently exist and as amended throughout the term ofthe Grant Agreement_NoMithstandmg Section 11.1,:pm t_&. above,System Agency reserves the right,in its sole discretion,to unilaterally amend the Grant Agreement to incorporate any modifications necessary for System Agency's compliance, as an agency of the State of Texas,with all applicable state and federal lwvs_regulations_ requirements and guidelines. 11.8 SLBcoN-M-% raR.S Grantee may not subcontract any or all of the Work and or obligations larder the Grant Agreement without prior wntten approval of the System Agency-Subcontracts; if any, entered into by the Grantee shall be in writing and be subject to the requirements of the: Grant Agreement. Shonidd Grantee sibcontract any of the servriees regr>ined in the Grant Agreement_Grantee expressly understands and acknowledges System Agency ism no manner liable to any subcontractor(s)of Grantee_In no evert shall this prmrision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Grant Agreement. 11.9 PEmfi=G?-N-DD Fni-RE At Grantee's sole expense:. Grantee shall procure and maintain for the divation of this Grant Air ement any state, county,city,or federal license, authorization, insuuance_w aiv-ei. permit, Tmlification or certification required by statute,ordinance,law,or regulation to be held by Grantee to protiride the goods or services required by this Grant Agreement. Grantee shall be responsible for payment of all taxes, assessments, fees_premiums,permits_ and licenses required by law-Grantee shall be responsible for pay mient of any such govenrnwnt obligations not paid by its Subcontractors during perfoni-mice of this Grant Agreement. 11.10 L DEpE.NDi=Nz Corr-mkc-Iolt Grantee and Grantee's employees,representatives_agents_ Subcontractors_suppliers_ and third-party se Mce pro r ders shall serve as independent contractors is providing the services HITS Unifo¢m Te ems and conditions—Gnat v_3.2 Effective Jul}2022 Faye 24 of 29 DSHS Contract#HHSOO13159OOOO2 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E lmder the Grant Agreenrnt.Neither Grantee nor System Agency is an agent of the other and neither may make any commitments ern the other party's behalf. The Grantee is not a "goer x mW body'solely by virtue of this Grant Agreement or receipt of grant funds. under this Grant Agreement. Grantee shall have no claim against System Agency for vacation pay,sick lem.T_retirement benefits, social security_worker's compensation,health or disability benefits_w1mTloyment insurance benefits_ or erTloyee benefits of any kind. The Grant Agreement shall not create any joint ventuure,partnership- agency, or employnient relationship between Grantee and System Agency_ 11.11 GoiER_,,-D�G L Air ,�_tiD I">=N2E The Grant Agreement sba11 be governed by and construed in accordance with the laws of the State of Texas,without regard to the conflicts of law proi cions_The venue of any suit arisingimder the Grant Agreement is fixed in any court of competent jimisdiction of Timis County_Texas_unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency- 11.12 SnZ[LAB l= If my prcii inion contained in this Grant Agreement is held to be unenforceable by a court of law or equity, such construction%�i.11 not affect the legality,validity, or enforceability of any other prm inion or prmisions of this Grant Agreement_It is the intent and agreement of the Parties this Grant Agreement shall be deemed amended by modifying such provision to the e,�.-tent necessvv to render it valid legal and enforceable while preserving its intent or if such modification is not possible_by substituting another provision that is iralid,legal and enforceable and that aclueves the same objective.All other provisions of this Grant Agreement i6ll continue in full force and effect_ 11.13 St_KIT_FILL Expiration or ter iination of the Giant Agreement for any reason does not release Grantee from any liability or obligation set forth in the Grant Agreement that is expressly stated to survive any such expiration or ten~i in tion,that by its nature�xDuild be intended to be applicable following any such expiration or termination-or that is necessary to fulfill the essential purpose of the Grant Agreement,including withoirt limitation the proiAsions regarding return of grant funds,_audit reTfirements,records retention public infomiaticm warrant,indemnification_ confidentiality_and rights and remedies upon termination. 11.14 FoRcE Al uamE Neither Grantee nor System Agency shall be liable to the other for any delay in-or failure of performance, of any requirement included in the Grant Agreement caused by force majeaue. The existence of such causes of delay or faihue shall extend the period of performance until after the causes of delay or failure have been removed promded the non-performing party exercises all reasonable due diligence to perform Force majeure is defined as acts of God war, fires_explosions,hnmicanes,floods_ f0me of transportation- or other causes that are beyond the reasonable control of either parte and that by exercise of due foresight such party could not reasonably ttiave been expected to avoid and which,by the exercise of all reasonable due dingence,such party is unable to overcame. HIiS UnifiomTerms and C'cmd=m-C-mt r.3.1 Effective Jul}2022 page 25 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions-Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E 11.15 No Lir)=D W.ABTR of]?RmisioNs The failure of the System Agency to obj ed to or to take afiirmati-•e action%Oh respect to any conduct of the Grantee which is in�dolation or breach of the terms of the Grant Agreement shall not be construed as a w ai-mr of the-Acilation or breach or of any future violation or breach- 11.16 F[-NDmc DiSc-L..AiafExs,,D hkEFLr G A- Grantee shall not rise System Agency-s name or refier to System Agency directly or indirectly in any media appearance,public senioe annotmcentent,or disdosure relating to this Grant Agreement inchk1ing any promotional material without fust obtaining t4Titten consent from System Agency. The foregoing prohibition includes,without limitation.the placement ofbauners-pap-up ads,or other ach ertisements promoting Grantee's or a third party's products_services,workshops, trainings, or other commercial offerings on airy website portal or Internet-based sen-ice or software application frosted or managed by Grantee. This does not linut the Grantee's responsibility to comply with obligations related to the Terms Public Infonnation Act or Texas Open Meetings Act- B- In general,no publication(including websites-reports;projects,etc.)may convey System Agency-s recognition or endorsement of the Grantee's project without prior %�Titten apprm-A from System Agency. Publications fimded in part or wholly by HHS .grant funding must include a statement that--HHS and neither any of its components operate- control, are responsible for, or necessarily endorse- this publication(including, %�ithoot limitation,its content, technical infrastmetue.and policies_ and any senrices or tools provided)"at HHS's request- 11.17 '%YEDLk RFLP-;SE:6 A. Grantee shall not use System Agency's name.logo. or other likeness in any press release,marketing material or other announcement vathout System Agency's prior %�Titten appro,%W- System Agency does not endorse any vimdor_commodity;or sengce- Grantee is not authorized to malce or participate in any media releases or public. announcements pertaining to this Grant Agreement or the Services to which they relate without System Agency's prior written consent,and then only in accordance with explicit%�Titten instruction from System Agency- B- Grantee may publish,at its sole expense,reoults of Grantee performance under the Grant Agreement with the System Agency's prior review and approval-which the System Agency may exercise at its sole discretion-Any publication(written_visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 11.18 PRoHmmoIti o�NoN-CouPETF RESTRICTION Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non-compete cliuses or other contractual arrangements,that%vould limit or restrict such persons or entities from employment or contracting with the State of Texas. 11.19 SovEREir-L LxrumTy Nothing in the Grant Agreement will be construed as a wai-ver of the System Agency's or the State's sov-ereigu inununity. This Grant Agreement shall not constitute or be construed as a waiver of any of the privileges,rights,defenses,remedies, or intmumities mailable to the HITS UnOmm Terms and Conditims—Gmt v.3.2 EffecEve Jul}2022 Fade 26 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions-Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E System Agency or the State of Texas-The:failure to enforce-or any delay in the enforcemmr, of any privileges, rights, defenses; remedies,or immunities a-milable to the .System Agency or the State of Texas under the Gant Agreement or under applicable law shall act constitute a i�-&ver cfsuch privileges,rights, defemes- remedies-or iummities or be considered as a basis for estoppel. System Agency does not waive any privileges,rights. defenses, or inmumities available to System Agency by entering into the Grant Agreement or by its conduct prior to or subsequent to entering into the Grant Agreement. 11.20 EN=CwrR-kc r A-N-D LioDinc.imoN The Grant Agreement constitutes the entire agreement of the Parties and is intended as a complete and e%clusivie statement of the promises-representations-negotiations-discussions, and other affeenieuts that may hn a been made in connection with the subj ect matter I ereof. Any additional or conflicting teens in any f Mie doctmient incorporated unto the Gant Agreement will be ba n,onized with this Grant Agreement to the extentpossible. 11.21 C:OLN-=ARTS This Grant Agreement may be e.%ecuted in airy ntul7ber of counterpart_,each of which wU be an original and all such cctuxterpmTs sv ill together constitute but one and the same Grant Agreement_ 11.22 PROPER AtZHORITY Each Party represents and ii-&Tants that the person exectnmg this Gant Agreement on its beLdf has full power and authority to eater into this Gant Agreement. 11.23 E-VERIFY PtooR.�-Ni Grantee certifies that it utilizes and will continue to utilize the U-S-Dep anent of Homeland Security's E-Verify system to determine the eligibility of_ A. all persons employed to perform dirties within Teas dming the terir<.of the Grant Agreement;and B. all persons, (inchrdi.ng subcontractors)assigned by the Grantee to perform work ptusikarit to the Grant Agreement within the United States of America. 11.24 C n-m RicaTs A- Grantee agrees to compl r with state and federal anti-disc amination laws,including: i- Title VI of the Civil Rights Act of 1964(42 U-S_C- §2000d et seq_)-, ii. Section 504 of the Faehabilitation Act of 1973 (229 U.S.C_ §794); iii. Americans with Dh&-ibilities Act of 1990(42 U.S.C. §12.101 et seq.); iv_ Age Disc-ri_=aticn Act of 1975 (42 U.S.C. §§6101-6107); v. Title IX of the Education Amendments of 1972(20 U.S.C. §§1681-1688); -!- Food and Nutrition Act-of 2008 (7 U-S-C. §-'011 et seaq.);and ,,ii- The System Agency's admimstrative rules, as set forth in the Tees Administrative Code. to the extent applicable to this Grant Agreement- B- Grantee agrees to comply i0h all amendments to the above-referenced laws, and all requirements imposed by the regulations ismed pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin,sex age, disability_political beliefs,or religion.be exchided from HHSUnitomTermsand Condrb s—Grantv-3. Effective July n- 22 Faffe 27 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions-Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E participation in or denied any aid; care; service or other benefits provided by Federal or State finding;or otherwise be subjected to discrimination- C_ Grantee agrees to comply with Title VI of the Civil Rights Act of 1� , and its implementing regulations at 45 C:.F_R_Part 80 or 7 C.F_R_ Part 15_prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs,benefits,or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot e.Vress themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information_both orally and m writing,in appropriate languages other than Englisk in order to ensure that persons with limited English proficiency are effectively hnfonhaed and can Ln e mieamng�ul access to prog<ams;benefits_and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and inchWing contact imfo=atiom for the HHS Civil Rights office.The posters are available on the HHS website at: https:,5]hhs.tex<as. ov'a1x gat-ltlls Yro�u-ri tsfci��]-rights vffice.."civil-rights-posters. E. Grantee agrees to comply with Executive Order 13279,and its implementing regulations at 45 C:.F.Ft Part 87 or'7 C:.F_R_Part 16_These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agrici>iture or the United States Department of Health and Hiumn Services shall not diKTiminate against a program beneficiary-or prospective program beneficiary on the basis of religion or religious belief. F_ Upon request,Grantee shall provide HHSC'-s Civil Rights Office%pith copies of the Grantee's ern]rights policies and procedures. G. Grantee nhust notify HHSC's Civil Rights Office of airy complaints of discrimination received relating to its performance ituder this Grant Agreement- This notice must be delivered no more than ten(10)calendar days after receipt of a complaint_Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street_1tlail CodeW,206 Austin_Teems 78751 Phone Toll Free: (888) 388-6332 Phone: (512)438-4313 Fax. (512)438-5885 Email: HH CivMghts ce hhsc..state.br.us_ 11.2 5 ENT►x1u L'tiFoRAi_kTtoN STAisD.A D5 Grantee shall comfarmh to HHS standards for data management as described by the policies of the HHS Office of Data_AnaMics,and Performance. These inchlde_ but are not limited to,standards for documentation and communication of data models;metadata_and other data definition methods that are rewired by HHS for ongoing data govemance; strategic portfolio analysis, interoperability planning_and valuation of HHS System data assets_ 11.26 DiscLoszx>E,of Lrrir_ATIoN A. The Grantee must disclose in witing to the contract manager a&sigmed to this Grant Agreenxnt any material civil or criminal litigation orim9ictment either threatened or HITS Vaifwm Terms and C onditiGm—Gout r 3.2 Etffecdve Jul}2022 Pace 28 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions-Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT E pending im oh•ing the Grantee_ -Threatened litigation'as used herein shall include governmental investigations and civil in�Tstigative demands_ `Litigation"as used herein shall include administrative enforcment actions brought by go�.Tmntental agencies_ The Grantee nuut also disclose any material litigation threatened or pending invoh ing Subcontractors, consultants_andior lobbyists. For ptuposes of this section, -rxiterY - refers_but is not limited,to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider rele�-ant to the ,Fork imder the Grant Agreement or any de-Tlopnrnt such a person iv idd%°amt to be aware of in order to staff;fully apprised of the total mix of information relevant to the Work- together with any litigation threatened or pending that may result in a substantial change in the Grantee's financial condition- B_ This is a continuing disclosure rectnrement: any litigation conmienring after Grant Agreement Award must be disclosed in a written statement to the assigned contract manager within seven calendar days of its occiuren ce. 11.27 No TBum RARYY EF-,%uicL s The Grant Agreenumt is niade solely and specifically among and for the benefit of the Parties named herein and their respective successors and assigns. and no other person slkall ha%,e any right, interest_or claims hereunder or be entitled to any benefits ptusuaut to or oil account of the Grant Agreement as a third-parte beneficiary or othenvise. 11.28 Bmr G EFFE[r The Grant kRxeement shall inure to the benefit of be binding upon_and be enforceable against each Party and their respective pe=tted successors, assigns.transferees, and delegates. HITS Vnif=Terms and CondLtiams—Gmt L%3 Effective Jul}2022 Page 29 of 29 DSHS Contract#HHS001315900002 Attachment E,Uniform Terms and Conditions—Grant v 3.2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F HHS DATA USE AGREEMENT This Data Use Agreement("DUA'), effective as of the date the Base Contract into which it is incorporated is signed("Effective Date'),is entered into by and between a Texas Health and Human Services Enterprise agency("HHS"),and the Contractor identified in the Base Contract,a political subdivision of the State of Texas("CONTRACTOR"). ARTICLE 1. PURPOSE;APPLICABILITY;ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation,receipt,maintenance,use,disclosure or access to Confidential Information with CONTRACTOR,and describe CONTRACTOR's rights and obligations with respect to the Confidential Information.45 CFR 164.504(e)(1)-(3).This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA,if any provision of the Base Contract,including any General Provisions or Uniform Terms and Conditions,conflicts with this DUA,this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized,underlined terms have the meanings set forth in the following:Health Insurance Portability and Accountability Act of 1996,Public Law 104-191(42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments,regulations and guidance issued thereafter;The Social Security Act,including Section 1137(42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder;Internal Revenue Code,Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code§2054.1125.In addition,the following terms in this DUA are defined as follows: "Authorized Purpose"means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User"means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle,examine,interpret,or analyze Confidential Information pursuant to this DUA; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 1 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 1 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create,receive,maintain,use,disclose or have access to the Confidential Information;and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information"means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR,or that CONTRACTOR may,for an Authorized Purpose,create,receive,maintain, use,disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information(herein"PHP'); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States,including the Texas Health& Safety Code and the Texas Public Information Act,Texas Government Code,Chapter 552. "Legally Authorized Representative"of the Individual,as defined by Texas law,including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6);Tex.H.&S.Code§166.164;and Estates Code Ch.752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential,proprietary and trade secret information to prevent any portion of the Confidential Information from being used in HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 2 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 2 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR 164.502(h)(1).45 CFR 164.514(d) (B) Except as Required by Law,CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 C.F.R. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management,to carry out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health&Safety Code§181.101 All of CONTRACTOR's Authorized Users Workforce and Subcontractors with access to a state computer system or database will complete a cybersecurity training program certified under Texas Government Code Section 2054.519 by the Texas Department of Information Resources or offered under Texas Government Code Sec. 2054.5190. (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.F.R. 164.308(a)(1)(ii)(C); 164.530(e); 164.410(b);164.530(h)(I) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request.45 CFR 164.504(e)(2)(ii)(A) (E) CONTRACTOR will not attempt to re-identify or further identify Confidential Information or De-identified Information,or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(l) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and(4);Texas Health&Safety Code Ch.181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 3 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 3 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(1i); 164.504(e)(1)(i) and(2). (G) CONTRACTOR is directly responsible for compliance with,and enforcement of,all conditions for creation,maintenance,use,disclosure,transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use.45 CFR 164.504(e)(5);42 CFR 431.300,et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request.CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS'request.45 CFR 164.524and 164.504(e)(2)(ii)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.5 04(e)(2)(ii)(E)and(F). (J) If PHI is subject to this Agreement,CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements ofthe HIPAA Privacy Regulations.45 CFR 164.504(e)(2)(ii)(G)and 164.528. (K) If CONTRACTOR receives a request for access,amendment or accounting of PHI from an individual with a right of access to information subject to this DUA,it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide,and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information.45 CFR 164.308;164.530(c);I TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 4 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 4 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F legal responsibilities. Except as otherwise limited by this DUA,the Base Contract,or law applicable to the Confidential Information CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities,if: 45 CFR 164.504(e)(4)(A). (1) Disclosure is Required by Law,provided that CONTRACTOR complies with Section 3.01(D);or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person;and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.504(e)(4)(ci)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will,if required by law and requested by HHS,use commercially reasonable efforts to use PHI to provide data aggregation services to HHS,as that term is defined in the HIPAA,45 C.F.R. §164.501 and permitted by HIPAA.45 CFR 164.504(e)(2)(L)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy,at HHS's election and to the extent reasonably feasible and permissible by law,all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS,and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destrov any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction.If such delivery or Destruction is not reasonably feasible,or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible,and agree to extend indefinitely the protections of this DUAto the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information.45 CFR 164.504(e)(2)(ci)(J) HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 5 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 5 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306;164.530(c) (Q) If CONTRACTOR accesses,transmits,stores,and/or maintains Confidential Information, CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry(SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements.45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality,integrity,and availability ofthe Confidential Information and with respect to PHI,as described in the HIPAA Privacy and Security Regulations,or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify,a Person or Persons,as Privacy Official 45 CFR 164.530(a)(1)and Information Security Official,each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA.CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change.If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request.45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract,and further,that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502;164.514(4). HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 6 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 6 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users,their signatures,titles and the date they agreed to be bound by the terms of this DUA,at all times and supply it to HHS,as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach,to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work.45 CFR 164.308;164.316;164.514(d);164.530(i(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from,created by,or received,used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308;164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to,or copies of,PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in atime and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services,or other federal or state law.45 CFR 164.504(e)(2)(i)(I). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws.A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level.If required by rule,regulation or law,HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security.All electronic data transfer and communications of Confidential Information will be through secure systems.Proof of system,media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation,auditor the Discovery of an Event or Breach.Otherwise,requested production of such proof will be made as agreed upon by the parties.De-identification of HHS Confidential Information is a means of security. With respect to de-identification of PHI, "secure"means de-identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312;164.530(4). (Z) For each type of Confidential Information CONTRACTOR creates,receives, maintains,uses,discloses,has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1,Part 10,Chapter 202, Subchapter B,Texas Administrative Code; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 7 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 7 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002(FISMA); • The Health Insurance Portability and Accountability Act of 1996(HIPAA) as defined in the DUA; • Internal Revenue Publication 1075—Tax Information Security Guidelines for Federal,State and Local Agencies; • National Institute of Standards and Technology(NIST)Special Publication 800-66 Revision 1—An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A—Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88,Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI;and Any other State or Federal law,regulation,or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates,receives,maintains,uses,transmits,destroys and/or discloses in accordance with Texas Business and Commerce Code,Chapter 521 and other applicable regulatory standards identified in Section 3.01(2), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE,REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS.45 CFR 164.400-414. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 8 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 8 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F (A) CONTRACTOR will cooperate fully with HHS in investigating,mitigating to the extent practicable and issuing notifications directed by HHS,for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues,until all effects of the Event are mitigated to HHS's reasonable satisfaction(the"incident response period").45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information,including without limitation,Federal Tax Information,Social Security Administration Data,and Medicaid Client Information,within the first,consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours atter Discovery,or in atimeframe otherwise approved by HHS in writing,initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075;Privacy Act of 1974,as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information.45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice.No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach and CONTRACTOR's investigation, including without limitation and to the extent available:For(a)-(m)below:45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible(or hypotheses,if not yet determined); HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 9 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 9 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected,including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age,telephone number,and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals should take to protect the Individuals from potential harm,including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); 0) The steps CONTRACTOR has taken,or will take,to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor,or Individuals and any law enforcement that may be involved in the Event or Breach; (1) Areasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach,but no less than every three(3)business days or as otherwise directed by HHS, including information about risk estimations,reporting,notification,if any,mitigation,corrective action,root cause analysis and when such activities are expected to be completed;and HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 10 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 10 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F (m) Any reasonably available,pertinent information,documents or reports related to an Event or Breach that HHS requests following Discovery. 4.02 Investigation,Response and Mitigation.45 CFR 164.308,310 and 312;164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach commit necessary and appropriate staff and resources to expeditiously respond,and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach and provide the final assessment,corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by stats and federal authorities,Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach,or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures,as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals,regulators or third-parties,as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities, including without limitation, notifications required by Texas Business and Commerce Code,Chapter 521.053(b)and HIPAA.HHS shall have ten(10)business days to provide said feedback to CONTRACTOR.Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation,for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 11 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page I I of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made.If there are delays outside of CONTRACTOR's control,CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR,HHS shall,in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work"means the services and deliverables to be performed or provided by CONTRACTOR,or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work,including any future amendments thereto,is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation,receipt,maintenance,use,disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create,maintain,transmit,use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent,will have the right to inspect the facilities,systems,books and records of CONTRACTOR to monitor compliance with this DUA.For purposes of this subsection,HHS's agent(s)include,without limitation,the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term;Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended,this DUA shall be extended or amended concurrent with such extension or amendment. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 12 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 12 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA;HHS may in its sole discretion: (1) Fxercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract;or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA;or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS;or (4) Terminate the DUA and Base Contract immediately,and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation,the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible,HHS shall report the violation to the Secretary of the U.S.Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS,as required by this DUA. 6.05 Governing Law,Venue and Litigation (A) The validity,construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas,will be the exclusive venue for any litigation,special proceeding or other proceeding as between the parties that may be brought, or arise out of,or in connection with,or by reason of this DUA. 6.06 Injunctive Relief HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 13 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 13 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply.Accordingly, CONTRACTOR agrees that HHS will,in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages,to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees,directors,officers,Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity,and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self-insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA.CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA.Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect,at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract,if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation,Event, Breach,default,misrepresentation, or injunctive action,in connection with any of the provisions of this DUA,each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change,waiver,or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change,waiver,or discharge is sought to be HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 14 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 14 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT F enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions,conflicts with this DUA,this DUA controls. 6.10 Automatic Amendment and Interpretation If there is(i)a change in any law,regulation or rule,state or federal,applicable to HIPPA and/or Confidential Information or(ii)any change in the judicial or administrative interpretation of any such law,regulation or rule„upon the effective date of such change,this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes.Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 15 of 15 Attachment F,HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 15 of 15 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT G TTX S vl Health and Human Services Health and Human Services(HHS) Additional Provisions—Grant Funding Version 1.0 Effective: February 2021 Health and Human Services Additional Pru visions V.1.0—Grant Funding Effective: February 2021 Page 1 of DSHS,Contract#HHS001315900002 Attachment G,Additional Provisions DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT G TABLE OF CONTENTS 1. TURNOVER PLAN..............................................................................................................3 2. TURNOVER ASSISTANCE................................................................................................3 3. TRADEMARK LICENSE...................................................................................................3 4. TRADEMARK OWNERSHIP............................................................................................4 5. ELECTRICAL ITEMS........................................................................................................4 6. DISASTER SERVICES........................................................................................................4 7. NOTICE OF A LICENSE ACTION...................................................................................4 8. EDUCATION TO PERSONS IN RESIDENTIAL FACILITIES....................................5 9. CONSENT TO MEDICAL,DENTAL,PSYCHOLOGICAL,AND SURGICAL TREATMENT OF A CHILD..............................................................................................5 10. TELEMEDICINE/TELEHEALTH SERVICES...............................................................5 11. SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY....................................................................................................................5 12. THIRD PARTY PAYORS...................................................................................................6 13. HIV/AIDS MODEL WORKPLACE GUIDELINES........................................................6 14. MEDICAL RECORDS RETENTION................................................................................6 15. INTERIM EXTENSION AMENDMENT..........................................................................7 16. PROJECT COMMENCEMENT........................................................................................7 17. DUPLICATION OF FUNDING..........................................................................................7 18. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS....................7 19. NOTICE OF GRANT AGREEMENT/CONTRACT ACTION.......................................8 20. NOTICE OF BANKRUPTCY.............................................................................................8 21. NOTICE OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL.................8 Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February2021 Page 2 of 8 DSHS,Contract#HHS001315900002 Attachment G,Additional Provisions DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT G ADDITIONAL PROVISIONS The terms and conditions of these Additional Provisions are incorporated into and made a part of the Contract.Terms included in these Additional Provisions and not otherwise defined have the meanings assigned to them in HHS Uniform Terms and Conditions, [Attachment E]. 1. TURNOVER PLAN System Agency, in its sole discretion,may require Grantee/Contractor to develop and submit a Turnover Plan at any time during the term of the Grant Agreement/Contract. Grantee/Contractor must submit the Turnover Plan to System Agency for review and approval. The Turnover Plan must describe Grantee/Contractor's policies and procedures that will ensure: i. The least disruption in the implementation and performance of grant-funded activities during Turnover;and ii. Full cooperation with System Agency or its designee in transferring the performance and obligations of the Grant Agreement/Contract. 2. TURNOVER ASSISTANCE Grantee/Contractor will provide any assistance and actions reasonably necessary to enable System Agency or its designee to effectively close out the Grant Agreement/Contract and transfer the performance and obligations of the Grant Agreement/Contract to another Grantee/Contractor or to System Agency if necessary. Grantee/Contractor agrees that this obligation survives the termination,regardless of whether for cause or convenience,or the expiration of the Grant Agreement/Contract and remains in effect until completed to the satisfaction of System Agency. 3. TRADEMARK LICENSE System Agency grants to Grantee/Contractor,for the term of the Grant Agreement/Contract, a limited non-exclusive,royalty-free,non-assignable,non-transferable license to reproduce System Agency's trademarks on published materials in the United States related to the performance of the Grant Agreement/Contract,provided that such license is expressly conditional upon, and subject to,the following: i. Grantee/Contractor is in compliance with all provisions of the Grant Agreement/Contract; ii. Grantee/Contractor's use of the trademarks is strictly in accordance with the quality standards and in conformance with the reproduction requirements set forth in this Grant Agreement/Contract or as otherwise communicated by System Agency; iii. Grantee/Contractor takes no action to damage the goodwill associated with the trademarks,and refrains from any attempt to contest, attack, dispute,challenge, cancel and/or oppose System Agency's right,title and interest in the trademarks or their validity; iv. Grantee/Contractor makes no attempt to sublicense any rights under this trademark license;and v. Grantee/Contractor complies with any marking requests System Agency may make in Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 3 of 8 DSHS,Contract#HHS001315900002 Attachment G,Additional Provisions DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT G relation to the trademarks,including without limitation to use the phrase"Registered Trademark",the registered trademark symbol"®"for registered trademarks, and the symbol"TM"for unregistered trademarks. 4. TRADEMARK OWNERSHIP Grantee/Contractor acknowledges and agrees that the trademarks remain the exclusive property of System Agency,that all right,title and interest in and to the trademarks is exclusively held by System Agency, and all goodwill associated with such trademarks inures solely to System Agency. 5. ELECTRICAL ITEMS All electrical items purchased under this Grant Agreement/Contract or used in the performance of approved and eligible grant-funded activities must meet all applicable Occupational Safety and Health Administration(OSHA)standards and regulations, and bear the appropriate listing from Underwriters Laboratory(UL), Factory Mutual Resource Corporation(FMRC), or National Electrical Manufacturers Association(NEMA). 6. DISASTER SERVICES In the event of a local, state, or federal emergency, including natural, man-made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster declared by the appropriate federal official, Grantee/Contractor may be called upon to assist the System Agency in providing the following services: i. Community evacuation; ii. Health and medical assistance; iii. Assessment of health and medical needs; iv. Health surveillance; v. Medical care personnel; vi. Health and medical equipment and supplies; vii. Patient evacuation; viii. In-hospital care and hospital facility status; ix. Food, drug and medical device safety, x. Worker health and safety; xi. Mental health and substance abuse; xii. Public health information; xiii. Vector control and veterinary services; and xiv. Victim identification and mortuary services. 7. NOTICE OF A LICENSE ACTION Grantee/Contractor shall notify the assigned System Agency contract manager in writing of any action impacting Grantee/Contractor's license to provide services under this Grant Agreement/Contract within five business days of becoming aware of the action and include the following: i. Reason for such action; ii. Name and contact information of the local, state or federal department or agency or entity; iii. Date of the license action; and Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 4 of 8 DSHS,Contract#HHS001315900002 Attachment G,Additional Provisions DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT G iv. License or case reference number. 8. EDUCATION TO PERSONS IN RESIDENTIAL FACILITIES A. Grantee/Contractor shall ensure that all persons,who are housed in System Agency licensed or funded residential facilities and are 22 years of age or younger,have access to educational services as required by Texas Education Code §29.012. B. Grantee/Contractor shall notify the local education agency or local early intervention program not later than the third calendar day after the date a person who is 22 years of age or younger is placed in Grantee/Contractor's residential facility. 9. CONSENT TO MEDICAL,DENTAL,PSYCHOLOGICAL,AND SURGICAL TREATMENT OF A CHILD Unless a federal law applies,before a Grantee/Contractor or its subcontractor can provide medical,dental,psychological or surgical treatment to a minor without parental consent, informed consent must be obtained as required by Texas Family Code Chapter 32. 10. TELEMEDICINE/TELEHEALTH SERVICES If Grantee/Contractor or its subcontractor provides grant-funded telemedie ine/telehealth services,these services shall be in accordance with the Grantee/Contractor's written procedures,applicable law, the Grantee's/Contractor's or subcontractor's licensing board rules,and System Agency equipment standards, if applicable. Grantee/Contractor's procedures for providing telemedicine/telehealth service must include the following requirements: i. Consider any contraindications to the use of telemedicine/telehealth; ii. Qualified staff members to ensure the safety of the individual being served by telemedicine/telehealth at the remote site; iii. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; iv. Use by credentialed licensed providers providing clinical care within the scope of their licenses; v. Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; vi. Priority in scheduling the system for clinical care of individuals; vii. Quality oversight and monitoring of satisfaction of the individuals served; and viii.Management of information and documentation for telemedicine/telehealth services that ensures timely access to accurate information between the two sites. Telemedicine/telehealth Services does not include chemical dependency treatment services provided by electronic means under 25 Texas Administrative Code Rule §448.911. 11. SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY A. Grantee/Contractor shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English,to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs,benefits and activities. Meaningful access may entail providing language Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 5 of 8 DSHS,Contract#HHS001315900002 Attachment G,Additional Provisions DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT G assistance services,including oral interpretation and written translation,if necessary. More information can be found at https://www.lep.gov/. B. Grantee/Contractor shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of atranslator or interpreter. C. Grantee/Contractor shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency,unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. 12.THIRD PARTY PAYORS A. Except as provided in this Grant Agreement/Contract, Grantee/Contractor shall screen all clients and may not bill the System Agency for services eligible for reimbursement from third party payors,who are any person or entity who has the legal responsibility for paying for all or part of the services provided,including commercial health or liability insurance carriers,Medicaid,or other federal,state,local and private funding sources. B. As applicable,the Grantee/Contractor shall: i. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Grant Agreement/Contract that may be covered by those programs and bill those programs for the covered services; ii. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; iii. Allow clients that are otherwise eligible for System Agency services,but cannot pay a deductible required by a third party payor,to receive services and bill the System Agency for the deductible; iv. Not bill the System Agency for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; v. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; vi. Bill all third party payors for services provided under this Grant Agreement/Contract before submitting any request for reimbursement to System Agency;and vii. Provide third party billing functions at no cost to the client. 13.HIV/AIDS MODEL WORKPLACE GUIDELINES A. Grantee/Contractor shall implement DSHS's HIV-STD Policy No. 090.021,HIV/AIDS Model Workplace Guidelines for Businesses,State Agencies,and State Contractors, accessible at http://www.dshs.state.tx.us/hivstd/polic�/policies.shtm. B. Grantee/Contractor shall also educate employees and clients concerning HIV and its related conditions,including AIDS,in accordance with the Texas Health&Safety Code §§85.112-114. 14.MEDICAL RECORDS RETENTION Grantee/Contractor shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes,rules and regulations governing medical information. Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 6 of 8 DSHS,Contract#HHS001315900002 Attachment G,Additional Provisions DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT G 15. INTERIM EXTENSION AMENDMENT A. Prior to or on the expiration date of this Grant Agreement/Contract,the Parties agree that this Grant Agreement/Contract can be extended as provided under this section. B. The System Agency shall provide written notice of interim extension amendment to the Grantee/Contractor under one of the following circumstances: i. Continue provision of services in response to a disaster declared by the governor; or ii. To ensure that services are provided to clients without interruption. C. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. D. Grantee/Contractor will provide and invoice for services in the same manner that is stated in the Grant Agreement/Contract. E. An interim extension under subsection(B)(i)of this section shall extend the term of the Grant Agreement/Contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. F. An interim extension under subsection(B)(i)of this section shall be a one-time extension for a period of time determined by the System Agency. 16. DUPLICATION OF FUNDING A. If Grantee receives any funding that is duplicative of funding received under this Grant Agreement/Contract that cannot be used for new or expanded eligible grant activities, Grantee will notify the assigned contract manager as soon as possible. System Agency may issue an amendment modifying budget and/or project activities to eliminate duplication. Additionally,Grantee understands that duplicative funding that cannot be re-programmed to support new or expanded grant-funded activities within the program's scope may be de- obligated from this Grant Agreement/Contract and returned to System Agency. 17. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS A. Grantee/Contractor shall immediately report in writing to its assigned System Agency contract manager when Grantee/Contractor learns of or has any reason to believe it or any person with ownership or controlling interest in Grantee/Contractor, or their agent, employee, subcontractor or volunteer who is providing services under this Grant Agreement/Contract has been placed on community supervision,received deferred adjudication,or been indicted for or convicted of a criminal offense relating to involvement in any financial matter,federal or state program or felony sex crime. B. Grantee/Contractor shall not permit any person who engaged,or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients,unless otherwise directed in writing by the System Agency. 18. NOTICE OF GRANT AGREEMENT/CONTRACT ACTION Grantee/Contractor shall notify the assigned System Agency contract manager if Grantee/Contractor has any grant agreement or contract suspended or terminated for cause by any local,state or federal department or agency or nonprofit entity within five business days of becoming aware of the action and include the following: i. Reason for such action; ii. Name and contact information of the local,state or federal department or agency or Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 7 of 8 DSHS,Contract#HHS001315900002 Attachment G,Additional Provisions DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT G entity; iii. Effective start date of the grant agreement/contract; iv. Date of suspension or termination;and v. Grant agreement/contract or case reference number. 19.NOTICE OF BANKRUPTCY Grantee/Contractor shall notify in writing the assigned System Agency contract manager of its plan to seek bankruptcy protection within five business days of such action by Grantee/Contractor. 20.NOTICE OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL The Grantee/Contractor shall notify in writing the assigned System Agency contract manager within ten business days of any change to the Grantee/Contractor's Contact Person or Key Personnel. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 8 of REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DSHS,Contract#HHS001315900002 Attachment G,Additional Provisions DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT H View Burden statement CME.N it-bar:4040-007 Expiration Date: 02-28.'2025 ASSURANCES-NON-CONSTRUCTION PROGRAMS Du:)l c reDoring burden for,)is collection of information is estimated to average 15 minutes per resDo"se,inC ceding time for reviewing instructions.searching ex:isti-�g data sources,gathering and maintaining the data needed,and con'nleting i"d reviewing the collection of im.orriwion.Send comments regardhg the IoLrden estimate or any other aspect of this collet:o••of information,including suggestions for redcicing this burden,to the Office of Man3gerlent and Budget,Paperwod Reduction Project '-Ivashi"'.gton,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORA TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions,please contact the awarding agency-Further,certain Federal awarding agencies may require applicants to certify to addiitional assurances. If such is the case,you will be notified. As the duty authorized representative of the applicant.I cerifythat the applicant: 1- Has the legal authority to apply for Federal assistance .Act of 1973,as amended(29 J.S.C.§794),which and the irstitcrional,managerial and financial capability prohibits discrimination on the basis of handicaps;(d) (including funds sufficient to pa•y the non-Federal share the Age Discrimination Act of 1975.as amended(42 U_ of project Cos7)to ensu-e proper planning,management S.C.§§6101-61 C7)..which Drohibi�s discrimination on and corn DIetion of the project descri!3ed in this the basis of age;(e)the Drug Abuse Office and application. Treatwent Act of 1972(P.L.92-255),as amended, rel a-.ng rn nondiscrimination on the basis of drug 2 Ve i I give the awarding agency.-^e Comptroller Cenera ai;use,ff,,:he:somp•ehensive Alcrhrl.abuse and of the JniteC;Mates and,if app•opria-e.the Sta-e. A cc^olism Dreve-tion.Treatme-t and Rehabilitation throcigh an',acithodzed reorese-tative.access to and .Act of 1970(P.L.91 816y,as awended, relatingto the fight:o ex:a,n,;ne all retorts.books,papers,or nondiscrimination on the basis of alcohol abuse or documents related to the award;and wil establish a alcoholism;(g)§§523 and 527 of."e Public Health proper accounting system in accordance with generally Service.Act of 1912(42 U.S.C.§§2.0 dd-3 and 290 accented accounting standards or agency directives. ee-3),as amended,relating to cc-fiden-a'itr of alcohol and drug abuse patient records,(h)Ti,e''II of,ne Civil 3. Will establish safeguares to pro^ibit employees from Rights Act of 1968(42 U.S.C-§§36C- et seq.),as using their posit c-s for a DuT,ase that constitutes or amended,relating to nondiscrimination in the sale, presents the appearance o-personal or organizational rental or financing of housing. ;:i a••y ether cc-flirt of nteres-,or tie lona gain. nondiscrimination Drovis c-s i-,°-e specific staaite(s) under which application for Federal assistance is being 4 V0 I i-itiate and complete the°sork within the applical,a made:and,tj:,the requireme-ts of a-y other time--arae afte--eceipt o-aporcva of,^e awarding nondiscrimination s.atute;s),x^ich way apply-,o.he agency. application. 5 Will comply with the Intergovemmental --ersonnel Act of 7- Will comply,or has already complied,with the 11970 42 U.S.0 requirements of Titles II and I II of the Jnifomi ( §t systems relating to Dres d un Relocation Assistance and Real Draperty.Acquisition sta°dards-or n•erit systemsfrrr progranlsfunded under 70(P.L. provide far 1 f o Act co991-6�c�;�',w"'ic^' one of the 19 statutes or regulations sDecif!ed in Polities Ac fair and a f 19 treatment of De sc�s d solaced or Appendix A om vPr.A's Standards far a Merit System of whose proDery�is acquired as a reeve,a'Federal or Personnel Adm n stration;:v.C.F.R.:SCO,Subpart F;. federally-assisted Drogran•s.—hese-equi-erien,s apply to all interests in real pro Der.;acquired for 6. 'Ni 11 comply with all Federa s-atutes re ating to project purposes regardless of Federal participation in nondiscrimination.These'nClude!)Lit are not limited to: purchases rat Tie VI of the Civil Rights Act of 1964 _.88-352) .^ich pm�hilmits discrimination an the basis of race,talar G. WilI Comply,as DDID licab le,with provisions of the oationaI origin: ;le,Title IX of the Education Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328; Ariencments o_.972,as amended(20 J.S.C.§§1681- which limit;he DOlitiC31 activities of emDloyees whose 1 K. arc 158E 11%S1- vMich prohibits discrimination on Drincipal employment activities are funded in whole the:)asis o-se=.:':.c Vection 534 of the Rehabilitation or in part with Federal funds. Previous Edition usable Standard Form 4249 tRev.7-97} A uthormed for Local Reproduction Prescribed by OMB Circular A-142 DSHS,Contract#HHS001315900002 Attachment H,Federal Assurances Page 1 of 2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT H 9. 'Will comply,as apDIicable.wish.he provisions of the Davis- 13. Will assist the awa-ci-g agency in assuring compliance Bacon Act(40 U.S.0 §§276a to 276a-7,,the Copeland Act with Section-05 of Ve National Historic Preservation +4C U.S.C.§276c and 18 U.S.G.§874),anc t^e Cc-tract Act of 1956,as amended(15 U.S.C.§470;,EO 11593 `s ork.H31.irs and Safety Standards Act(40 U.S.C.§§327- (identification and protection of his.oric Droperties),and 3331,regarding labor standards for federally-assis-ed the Archaeological and His.oric'reservation Actof construction subagreements. 1974(18 U.S.C.§§469a-1 e:seq.,. 10. Aill comply,if applicable,with flood insurance purchase 14. Will comply with P.L.93-348 regarding the protecion of recuirements of Section 102(a1 of the Flood Disaster h-man subiec:s involved in research.development,and Frotection Ac.of 1973(P.L.93-234)which requires rela.ed actin t es supported!)ythis award of assistance. recipients in a special flood hazard area to participate in the prograri and¢o purchase flood insurance if-.he to-.al cost of 15. '^!dill comply with the_al.oratary+Animal 'delfare Act of Insural]le construction and acquisition is$10.CX o•more_ 1966(P.L.8e-544.as a-ne7ded,7 U.S.C.§§2131 et seq.;,perta n nq to the care,handling,and treatment of 11. ''Wali comply with environmental s.andanis wh ch may be warm Nocced animals held for research,teaching,or Drescribed pursuant.o.he following:(a,institution of other activi.ies supported by this award of assistance. enviranmemal quah:,con-rol measures under the National Environmental Policy Act of 1c 6,4(P.L.91-190;^and 16. Will comply with the Lead-Based Pain.Poisoning Executive Order(EC1 11514: ,'I:'notification ou o ating Prevention.Act(42 U.S.G.§§4801 et sec which facilities pursuant to-0 11738; '.c,prote c-.o• of wetlands prohibits the use of lead-based part: n cons-r-Cion rr pursuant to EC 11990;(d)evalua.ion of flood )azards in reh al,il itai on of residence structures. flood plains in accordance with EG-1 98A: (e'.assurance of 17. '.ldi I cause"a be perfumed the required financial and Droject consistency with-1,e air prove A Sate managemen- comp iance audits in accordance with the Single Audit Drogram developed un der the Coastal Zone Ma-agement Act Amend mentsof 1996 and 010B Circular No A-133, Act of 1972(15 U.U.C.§§'=51 e-seq.,;':f1 co-formity of "Audis of Sates,Local Govemments,and No—Profit Federal actions to State'^-lean.A r;^Imp e-newatiin Plans Organizations." under Section 176rc1 of the Clean Air Act of 1955,as amended(42 J.S.C.§§7421 et seq.):fg;^protection of 18. 'X11 comply with all apDlica:)le requirements of all other underground sources of crink ng wa.er u"der the Safe Federal laws;executive orders,regulations,and policies Drinking'vb'ater Act of 1974,as amended(P.L.93-5231,; governing this Drogram. and,(h)protection of endarig,ered species under the Endangered Species Act of 1973,as amended(P.L.93- 19. Will comply with the requirements of Sec-.ion 106(8,of 205?. the Trafficking Victims Protection Act(TVP.A)of 2000,as amended(22 U.S.C.7104)which prohibits grant award 12. ^rill comply with the Wild and Scenic Rivers.pct of recipients or a SLO-recipient from(1,Engaging in severe 1968(16 U.S.C.§§1271 et seq.`rely".ed to protecting forms of.rafficking in Dersons during the period of Jnie components or Dotential components of the national tha.the award is in effect(1Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3)Using forced Labor in the pertorrnance of the award or su bawards under the award. SIGNATJRE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED Stan dard Farm 4249(Rev.7-87I Bark DSHS,Contract#HHS001315900002 Attachment H,Federal Assurances Page 2 of 2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT I CERTIFICATION REGARDING LOBBYINC3 Cer-Acat o- -or Contrants,Grants,Loans, and Coop=-a.ive Ag esrlems The undersigned certifies,ba the hest o'his o-her knc-rrledge and belief.-.hat: : No=ederal appropria-ed funds^s•,re seen c a:c:-%v be Daid,by c•on behalf o-the wnc ersign€a,to any Eon f_-in=,eno-g or arerr piing t•_ n-weno=an of`io or err-.oyee of an agency.a Member of Congress. 3�c:-f ter o•employee of Congress.or an er-r oyes of a Me,7berof Co^gress n oonneoiian vi'h .he a.aa , -g c:= s-s Fece a cDrdract..he coaxing of any=ederal gra-l..he slaking of any Federal ow,the =-ler ng int.-- o'.3 _ccp=-aJveag-E-&-7en.,and the extension,oDnLn,aJon re-=raa. a giendment,or noc=cation of any Federal con-.,ac., grans, loan..or czorerative agreerrs't ,2: f a^i L--,s ot- .han Federal apprcpria.ed funds-ave seen paid o•will be paid to any person for ^luencing D•a.t=--7p:inp:o ^fluen_e 3-off ger or employee c:=3-y agency a hiegiber of Co-press,an of cer or=s,iF:cyee_f Co-gs=-s, or a- emDlo f=e c:=a V==be-of CDnpress in connection ww.h this Federal ,on.•rc.. gran-, onn. or.i alve ogee"=-...,e =•s g-=, shall_orrplete and sub mitS-.andard Form-LLL. 'D sc c:sure of Lobby^p.r._t v.es' in 3=,anoe wait^its ins.ruc.ions. .' 'The ,^cersig^ec s^a I - e-.hat-.-;, a-g,age•_=-.his cert fication be inc ,_,-j ,n the award documents fDr all subawward5 at a I e-s :-:uc -g s.D:_-sacls, S,:g ranls. and cc^.rads u-_s•grams. Dans,a^c cooperative agree^lens; and Iha. a s.D•e:o c---^Is shall ter.Fir s^d disc cae ac:ordingly. T^s :eriifcation s a mate•a repr=iematic-of=ac:�z_- w-v-io- re ante was p a_ed whe- t- E Ira-;action was race or s^tered int,.5,br-ss o�_=.h s cert loznl on is a o•e•equis le f_-Making or e�le--g in-.o-.his transaction reposed :y sect_- 12c2.Jte 31 J.2.Cloc=...^,y perso- wno iails.o 9le.he•equirec:e-if-.a-.iDn shall lbe subject t•_a c v e=-slty of not less.han 5'0.__"-D anc not more than 5100.: DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT J Fiscal Federal Funding Accountability and Transparency Act ( FFATA) The eii,irnera==c Lelcv4 rep-es=rt mvteria facts upon v ,--ich DSHS relie5 ',ren reportirg I7=orr-akian -.c. tl7e federal Vic- errmimk rid ,v,n ier federal a'•,. If the G-�par.—ert a_er J-i:e —,,i-",es t1ia: :1-e Cort--ackcr knc.rr iigIy rerJe--ed sn errc.-",e0LIs c_r:ificaticr, D5 F S —,,a�, p_r=ae s I �.,-ai k e -me:lies i--, accc--1a-.ce rr t17 Te:<as and U.S. lav . Si-arar -Lir.rer agr -s kl73t k , it pl.OVIJ1n 'mmediat(� rrrikten not'�e .a CSS-AV if =t ar,., kir-e S g--,c--- learns that vn..r. of t--,n cer-i=cations pi-ovi:lec fc-r Li: c,.,, -eqc 9 oiic-o�,s '..'hen s!Lr,i.ked or since Le=-e erroneorls by reason of c17snged circumstances. If the Signor cannot certify all of the statements contained in this section, Signor mast provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor FFATA Contact: (Name, Email and Rhone Number); Primary Address of Contractor Zip Code:9-digits required%,jrwvf,u:sps,corn, Unique Entity ID (UEI):This number replaces the DUNS State of Texas Comptroller Vendor Identification Number wrvrau.sarn.gow (V'IN) - 14digits: Printed Name of Authorized Representative: Signature Gf Authorized Representative Title of Authorized Representative Date Signed Departmeo or StaLe Meelth Services Form 4 731-April 2622 Contrad hiarregernent Se(hah DSHS,Contract#HHS001315900002 Attachment J,FFATA Certification Form Page 1 of 2 DocuSign Envelope ID:51976001-6661-482F-AF2D-964659847D67 ATTACHMENT J Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete, and correct to rhe best of my knowledge. Did your organiza.io�i -ia,:-e a gross income, from all sources, of less than $300000 in your previoustax Yes ❑ No ❑ If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. if your answer is "No", 3ls,,er questions "A" and "B". A. Certification Regarding °lo-of Annual Gross from Federal Awards. Did �rotlr _rganizaziori receive 80% or more of its annual gross revenue from federal awards duringthe preceding iscal year? Yes❑ No ❑ B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual grass revenues from federal awards in the preceding fiscal year? YeS❑ No ❑ If your answer is "Yes" to bath question "A"' and "B", you must answer question "C". If your answer is "No"to either question "A" or"B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Co in pe ns a ti on Inforrmation. Does t7 ---lic tc inf:-IT 3= : 7 s_-_tlt - v c- 77pe-sation cr the ser : ex&:ut C-S in your business :D-- organi f3- =l (inz -v -g pa-eI y-gz— zatiCn: E �rE 7Chas, cr- all E-rlllc;e` v.,or 1'.',11e` :hl'-Ugh pericAir repo--= riles _Inde- =erftn 1= a': 01- =5:.-1) c- - = SECt - vs Ex.—harge L.ct of X534 5 U.S. Sr:Ti) v se:tcn 5104 .- t-- -7-vrra eve—_e �: ❑.deof _v= _- Yes No ❑' If your ansti-fer is "Yes" to this question. v.rhere can this information be accessed? If your answer is "No"to this question, you must provide the names and total compensation of the tap five highly compensated officers below. Provide compensation information here: 2 neperrrnent or State Hee Ith Servicft Forrn 4734-April 2022 Cor&Ect Management Section DSHS,Contract#HHS001315900002 Attachment J,FFATA Certification Form Page 2 of 2 DocuSign Certificate Of Completion Envelope Id: 5197B0016BB1482FAF2D964659847D67 Status: Sent Subject: $269,815.00 HHS001315900002 Corpus Christi-Nueces City_New STI/HIV Source Envelope: Document Pages:93 Signatures: 0 Envelope Originator: Certificate Pages:5 Initials: 0 CMS Internal Routing Mailbox AutoNav: Enabled 11493 Sunset Hills Road Envelopeld Stamping: Enabled #100 Time Zone: (UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.InternalRouting@dshs.texas.gov IP Address: 167.137.1.10 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 5/4/2023 5:00:16 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Fauzia Khan Sent:5/4/2023 5:15:24 PM FauziaK@cctexas.com Public Health Director Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:4/24/2023 4:41:20 PM ID:d7d3d2ff-3be1-4a34-91db-08fe1 18dd62a Helen Whittington helen.whittington@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:5/4/2023 5:16:25 PM ID:e5dfe599-6baa-4b6e-a0f2-b45dfab43d35 Patty Melchior Patty.MeIchior@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:5/5/2022 12:43:08 PM ID:f01589da-43a7-481e-996a-7c50409e5d48 Kirk Cole Kirk.Cole@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:5/4/2023 4:28:01 PM ID: 12c03e2e-a7c0-4990-93ea-Oa9e51b17a69 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Vicky Glenn Sent:5/4/2023 5:15:23 PM VickyG@CCtexas.com ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Amber Vasche � Sent:5/4/2023 5:15:22 PM amber.vasche@dshs.texas.gov ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kevin Hensley Sent:5/4/2023 5:15:23 PM kevinhe@cctexas.com ED Viewed: 5/5/2023 7:35:15 AM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailbox CMS.InternalRouting@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/4/2023 5:15:23 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:9/14/2020 7:10:18 PM Parties agreed to: Fauzia Khan, Helen Whittington, Patty Melchior, Kirk Cole ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DSHS Contract Management Section (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Two Reading Ordinance Ordinance authorizing acceptance and future amendments of STI/H IV Prevention Services Grant for $269,815.00 from the Department of State Health Services (DSHS); and appropriating $269,815.00 in the Health Grant Fund to provide STI/HIV prevention and control services for the period of September 1 , 2023 through August 31 , 2024. City Council June 13, 2023 Background and Staff Recommendation • STD/HIV Prevention Services o The primary purpose of the grant is to: o Investigate and report new cases of Syphilis and HIV to DSHS o Intervene in the spread of new cases of syphilis, HIV, chlamydia, and gonorrhea through testing, treatment, and disease investigation o Prevent cases of congenital syphilis through disease reporting, disease investigation, and disease intervention o September 1 , 2023 through August 31 , 2024 • Total Operating budget is $269,815 o There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. • Staff Recommendation: Approval of the two reading ordinance. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of June 13, 2023 DATE: June 13, 2023 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Robert Dodd, Director of Parks & Recreation robertd4(a-)cctexas.com (361) 826-3133 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Construction Contract Award West Guth Park (Skate Park & Enhancements) (Bond 2020, Proposition B) CAPTION: Ordinance rejecting the low bid of Iconx Operating LLC as non-responsive and non-responsible and awarding a construction contract to the second low bidder, Northstar Elite Construction & Consulting, LLC, Spring Branch, TX, for the West Guth Park improvements project in an amount of$1,656,379.39 located in Council District 1, with FY 2023 funding available from the Bond 2020 Proposition B Funds. SUMMARY: This resolution approves a construction contract for the development of a regional playground for West Guth Park (Skate Park and Enhancements) to include a new skatepark, additional parking spaces, accessible walkways to new amenities, site lighting, and picnic areas with shade structures, barbeque pits, playscape and swings. BACKGROUND AND FINDINGS: West Guth Park is designated as a community regional park with a pool, playground, pavilion, hike & bike trail, a 20-hole disc golf course, and a duck pond that is unique to the community. The park also includes the Northwest Senior Center. On November 3, 2020, voters approved the City of Corpus Christi's Bond 2020 Program. Among the propositions passed was Proposition B— Parks, where West Guth Park is listed as a Citywide Park Project. The city allocated $2 million for West Guth Park Enhancements. This item is for the construction of a regional playground for the West Guth Park, a new skatepark, additional parking spaces, accessible walkways to new amenities with ADA and Texas Department of Regulations accessibility requirements, site lighting, picnic areas with shade structures, barbeque pits, playscape and swings. The park improvements will be funded through the Bond 2020 Program. This project does not include the design of the Dog Park. This portion of the project will be addressed as a separate project to follow. PROJECT TIMELINE: 2022 - 2023 2023 2023 January— January February— June July— December Design Bid/Award Construction Project schedule reflects award in June 2023 with anticipated completion by December 2023. COMPETITIVE SOLICITATION PROCESS: On February 13, 2023, the Contracts and Procurement Department issued a Request for Bids with the RFB number 4628 for the West Guth Park project. The City of Corpus Christi received bids from two contractors on March 22, 2023. Staff analyzed the bids in accordance with the contract documents and after thorough review, staff concluded the submitted documents could not be verified and determined the lowest bidder was deemed non-responsible by the Contracts and Procurement Department. The second bidder's qualifications, unit pricing, and references were checked and reviewed by Contracts and Procurement Department, city staff, and the City's design team. In addition, an Admin Hearing was conducted with the contractor by City staff. Based on the review, it is recommended for Northstar Elite Construction & Consulting, LLC, to be awarded the contract for this project for the base bid amount of$1,656,379.39. The Bid Alternates 1 & 2 will not be considered due to budget constraints. The Base Bid includes construction of a regional playground with a new skatepark, additional parking spaces, accessible walkways to new amenities (as needed), site lighting, and owner furnished picnic areas with shade structures, barbeque pits, playscape and swings. The bid received is within 13% of the engineer's estimate, which industry standards consider an acceptable estimate. The bid is representative of current market conditions. A summary of the bid is provided below: BID SUMMARY CONTRACTOR BASE BID Northstar Elite Construction & Consulting, LLC $1,656,379.39 Iconx Operating, LLC Deemed Non-Responsible Engineer's Opinion of Probable Construction Cost $1,439,454.00 This will be Northstar Elite Construction & Consulting, LLC's first project within the city. Northstar Elite Construction & Consulting, LLC has successfully completed a variety of new construction projects such as City Hall & Community Center (Nixon, TX), Blanco County Annex (Blanco, TX), Wilson Community Health Center (Floresville, TX), Karnes Community Health Center (Karnes, TX), Fire Station (Refugio, TX), San Diego ISD Field House (San Diego, TX), Sun Valley Elementary (San Antonio, TX), Greater Austin Pain Center (Kyle, TX), and holds Affiliations/Certifications from Associated General Contractors of America-San Antonio Chapter. Northstar Elite Construction & Consulting, LLC has partnered with American Ramp Company, the nation's leading skatepark firm specializing in design, engineering, and construction builder of skate parks for communities around the world with more than 20 years' experience and has successfully completed several specialty skate parks in Texas such as Rio Grande City Skatepark (Rio Grande, TX), Brownsville Skatepark (Brownsville, TX), Kiwanis Park Skateboard Park (Lufkin, TX), Texarkana Skatepark (Texarkana, TX), and Travis County Skatepark (Travis, TX). ALTERNATIVES: The City Council could choose not to award the construction contract to Northstar Elite Construction & Consulting, LLC. This would delay the new improvements to West Guth Park. FISCAL IMPACT: The fiscal impact for FY 2023 is an amount of$1,656,379.39 with funding available from the Bond 2020 Proposition B Funds. Currently the project has $1,565,000 available for construction. The additional funds in the amount of$154,884.80 for project completion will be funded from the Bond 2020 Proposition B-Parks District 1,2,4 and 5 projects. Bond 2020 Proposition B-Parks District 1,2,4 and 5 projects are construction completed. FUNDING DETAIL: Fund: PK&R2021 Bd20 B (Fund 3296) Department: Parks & Recreation (27) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 21084-3296-EXP Amount $1,656,379.39 RECOMMENDATION: Staff recommends City Council award the construction contract to Northstar Elite Construction & Consulting, LLC for the construction of West Guth Park (Skate Park & Enhancements) in the amount of$1,656,379.39. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab CIP Page PowerPoint Page 1 of 2 Ordinance rejecting the low bid of Iconx Operating LLC as non-responsive and non-responsible and awarding a construction contract to the second low bidder, Northstar Elite Construction & Consulting, LLC, Spring Branch, TX, for the West Guth Park improvements project in an amount of $1,656,379.39 located in Council District 1, with FY 2023 funding available from the Bond 2020 Proposition B Funds. WHEREAS, the apparent low bidder for the Project, Iconx Operating LLC, submitted a fraudulent bid bond which makes their bid non-responsive. WHEREAS, some of the projects and references listed by Iconx Operating LLC in their past construction experience submitted with their Bid did not check out making them non- responsible. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid submitted by Iconx Operating LLC is rejected as non- responsive and non-responsible. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Northstar Elite Construction & Consulting, LLC as the lowest responsive, responsible bidder in the amount of $1 ,656,379.39 for the West Guth Park improvements project. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Page 2 of 2 Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor PROJECT LOCATION N SCALE: N.T.S. (".B J tl a VPM1 LOCATION MAP NOT TO SCALE 77-77 PROJECT LOCATION NUECES BAY AN NAVI LLE oti l/ c pR w N Z Z SHIP CHANN 0 CORPUS CHRISTI Fp z ACRO A, Q o LEOPARD g U 0 a z 44 44 CORPUS CHRISTI p 6q �p�/i� 286 INTERNATIONAL t= AIRPORT 358 MOFtGP z N rn y N (D O� <v G F '�` �2 cgRp<F ,,Co Q°eco 's" m� V VICINITY MAP NO<<Y NOT TO SCALE PROJECT NUMBER: 21084 CITY COUNCIL EXHIBIT WEST G U T H PARK CITY OF CORPUS CHRISTI,TEXAS VAI DEPARTMENT OF ENGINEERING SERVICES 3 SCALE: N.T.S. PROJECT LOCATION Up Ak I 0 � ® i TULOSO MIDWAY HIGHSCHOOL fill Aft r " ooq o u Z ,..� AERIAL MAP NOT TO SCALE PROJECT NUMBER: 21084 CITY COUNCIL EXHIBIT WEST G U T H PARK CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES RFB 4628 PN.21084 West Guth Park Improvements ID:RFB 4628 PN.21084 Iconx Operating Northstar Elite Item Description Unit Quantity LLC Construction& Consulting,LLC Base Bid PART A-GENERAL Al MOBILIZATION LS1.00 275.601.06 A2 BONDS&INSURANCE AL 1.00 33019.13 A3 OZONE DAY DAY 1.00 seemed Non-Responsible 12500.00 Sub Totals 321 120.19 PART B-GEN ERAL SITE B1 DEMOLITION-EXISTING FURNISH INGS PICNIC PADS OFF-SITE LS 1.00 10000.00 B2 EXISTING CONCRETE BOLLARDS AND CABLE TREES ASPHALT SAW CUT LIGHT POLE LS 1.00 $10,000.00 B3 STORM WATER POLLUTION PREVENTION PLAN LS 1.00 $560000 B4 EROSION AND SEDIMENT CONTROLS INCLUDING STABILIZED CONSTRUCTION ENTRANCE SILT FENCE TREE PROTECTION LS 1.00 Deemed Non-Responsible 28000.00 B5 REVEGSOLID SOD BERMUDA INCLU DES 3"MIN IMPORT TOPSOIL SOD AND ESTABLISHMEN SY 1415.00 5660.00 B6 REVEG:BERMUDA HYDROMULCH SCARIFY T04"DEPTH MIN.SEED AND ESTABLISHMEN SY 1075.00 300.00 B7 IRRIGATION ATSKATEPARK INCLUDES METER BACKFLOWMAINLINE FULL HEAD COVERAGE CONTROLLER SLEEVING ANDMISC.APPURTENANCES SY 1415.00 15395.20 Sub Totals $78,955.20 PART C-NORTH PARK IMPROVEMENTS C1 PARKING LOT 3165SF INCLUDES EXCAVATION CONDITIONED OR TREATED SUBGRADE REINFORCED CONCRETE LS 1.00 66465.00 C2 CONCRETE WHEEL ST OPS EA 10.00 1500.00 C3 STRIPING B SIGNAGE LS 1.00 700.00 C4 CONCRETE WALKWAYINCLUDESSUB-GRADE PREP FROM SKATE PARK PARKING LOT/PLAZA TO EXISTING TRAIL SF 2900.00 3500.00 C5 SITE ELECTRIC-PRIMARY SERVICE/SECDONDARY DISTRIBUTION LS 1.00 8101.00 C6 SITE LIGHTING-PARKING&SKATEPARK25-FOOT POLES EA 5.00 $48,100.00 C7 SKATE PARK APPROX.9 000 SF I INCLUDES FINE SHAPING/GRADING OF SKATE PARK FEATURES DRAIN INLETS CONCRETE AND METAL FABRICATION LS 1.00585 500.00 C8 EMBANKMENT/EARTHWORKOUTSIDE OF SKATEPARK FOOTPRINT) CY 688.00 Deemed Non-Responsible 1280.00 C9 STORM WATER INCLUDES 8'PVC-115 LF AND 6"PVC-50 LF DRAIN LINES FITTINGS OUTFALL SLOPED END TREATMENT) LS 1.00 30750.00 C10 SKATE PARK SIGNAGE ALUMINUM POST PANE INCLUDES INSTALL EA 1.00 $6.500.00 C11 SEATWALLS:CONCRETE 24"WIDE X 18"HT LF 96.00 19200.00 C72 FABRIC SHADE STRUCTURE:38'X 18'X 10'RECTANGLE HIP SHADE INCLUDES FREIGHT) EA 1.00 12050.00 C13 INSTALLATION:36'X 18'X 10'RECTANGLE HIP SHADE FOOTINGS LS 1.00 17500.00 Sub Totals 925 146.00 PARTD-SOUTH PARK IMPROVEMENTS D1 PICNIC PAD-STEELSQUARE SHELTERS I2 FTX 12 FT ASSEMBLY FOOTINGS&INSTALLATION ONLY EA 1200. 93600.00 D2 PICNIC PAD ACCESSIBLE 14 FT.X 17 FT.INCLUDES INSTALLATION OF OWNER PROVIDED GRIL SUB-GRADE PREP EA 7.00 29400.00 D3 PICNIC PAD 14 FT X 14 FT INCLUDES SUB-GRADE PREP EA 5.0018000.00 D4 ADA/PICNICTABLE ASSEMBLY&INSTALLATION ONLY). EA 7.00 10500.00 D5 PICNIC TABLE-6 FT ASSEMSLY&INSTALLATION ONLY. EA 5.00 7500.00 D6 BARBECUE CHARCOAL GRILLATSTANDARD PICNICPADSASSEMBLYFOOTINGS&INSTALLATION ONLY. EA 5.00 12000.00 D7 CONCRETE WALKWAY INCLUDES SUB-GRADE PREP WALKWAYS INTERNAL TO PLAY AREA,CONNECTING TO EXISTING LOOP TRAIL SF 900.0024 300.00 DB CONCRETE RIBBON CURB PLAYGROUND BORDER LF 230.00 Deemed Non-Responsible $5,060.00 D9 SWING SHADE-ASSEMBLY FOOTING&INSTALLATION ONLY. LS 1.00 18000.00 D10 ENGINEEREDWOOD FIBER EWF PLAY SURFACING INSTALLATION ONLY. LS 1.00 250.00 D11 PLAYGROUND EXP LORA TION-ASSEMBLYFOOTING&INSTALLATION ONLY. LS 1.00 8500.00 D12 POURED-IN-PLACE RUBBER PLAY SURFACING FOR EXPLORATION UNIT INSTALLATION ONLY INCLUDES 4"CONCRETE SUBBASE FOR PIP SURFACING. LS 1.00 10000.00 D13 FABRIC SHADE STRUCTURE 33'X 33'X40' ASSEMBLY FOOTINGS&INSTALLATION ONLY) I LS 1 1.00 13048.00 Sub Totals 256 158.00 PART E-ALLOWANCES E1 IUNFORESEEN CONDITIONS AL 1.00 75000.00 Sub Totals Deemed Non-Responsible $75,000.00 Grand Total Deemed Non-Responsible $1,656,379.39 Alternate 1 ALTERNATE I'.RESTROOM ALT1-1 CORWORTH RESTROOM 455 SFI PRE-ENGINEERED/FABRICATED INCLUDES SHIPPING CRANE OFF LOAD AND UTILITY CONNECTIONS LS 1.00 $283,154.00 ALT1-2 RESTROOM SUBGRADE SELECT FILL LS 1.00 178.40 ALT1-3 RESTROOM WATER/WASTEWATER SERVICE LS 1.00 $75,000.00 ALT1-4 SECONDARY ELECTRIC SERVICE LS 1.00 Deemed Non-Responsible 33893.00 ALT1-5 CONCRETE WALKWAY INCLUDES SUB-GRADE PREP FROM EXISTING TRAIL TO RESTROOM SF 150.00 2 100.00 ALT1-6 REVEG:BERMUDA HYDROMULCH SCARIFY TO 4"DEPTH MIN.SEEDAND ESTABLISHMEN SY 420.00 5107.20 Sub Totals $403,432.60 Grand Total Deemed Non-Responsible $403,432.60 Alternate 2 ALTERNATE 2:SKATE PARK BOWL ALT2-1 SKATE BOWL ADDITION INCLUDES TOP DECK AND CONCRETE SEAT WALLS APPROX 1 925 SF LS 1.00 170 000.00 ALT2-2 STORM WATER IF I0"PVC-66 LF 6"PVC-32 LF DRAIN LINES FITTINGS LS 1.00 9487.00 ALT2-3 EMBANKMENT/EARTHWORK OUTSIDE OF SKATEPARK FOOTPRINT) CY I Deemed Non Responsible 8680.00 Sub Totals $188167,00 Grand Total Deemed Non-Responsible $188,167.00 Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# 21084s� Project Name west Guth Park t Type Improvement/Additions Department Parks and Recreation Useful Life 10 years Contact Parks Director , r Category Park Improvements Priority 2 Critical-Asset ConditionVongevity WEST GUTH PARK 97110 ur amt ° io 0 CpltPlls Status Active Description The scope of this project will include the installation of a regional type playground,the construction of a new above ground pre-manufactured type Skate Park,new small picnic area with shade structures,concrete pads and barbeque pits. Justification Current equipment and amenities are inadequate for a regional park. Substantial playground equipment and amenities are needed to serve the population ofthis major area ofthe City. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 1,565,000 1,565,000 Design 250,000 250,000 Eng,Admin Reimbursements 25,000 160,000 185,000 Total 275,000 1,725,000 2,000,000 Funding Sources Prior Years 2023 2024 2025 Total G.O.Bond 2020 275,000 1,725,000 2,000,000 Total 275,000 1,725,000 2,000,000 Budget Impact/Other Increased annual maintenance cost to be budgeted in the Parks and Recreation operating budgets to maintain improvements and amenities. 91 Corpus Chr sti Engineering West (Bond 2020 Enhancements) Council Presentation m June 13, 2023 Project Scope Corpus«�t, Engineering New Skatepark Facility • Plaza • Parking Regional Type Playground Facility • Shaded Picnic Stations • Playscapes Project Location t^^ Corpus Chr sti [ r Engineering W�E S G,o q2 F� 1 � �pRi�FR RD NEW SKATE PARK NEW PLAYSCAPE . NEW COVERED 0 PICNICAREA 0 Jk Aerial #1 � ^^ Corpus Chr sti -} Engineering A �1r� i 4 , + Aerial #2 � ^^ Corpus Chr sti -} Engineering r,�.�,�.�,w.�. r III haLff WEST GUTH PARK 4Qa�us cy*�r 1 ,9 Corpus Chr sti Rendering #1Engineeringw �,a^A��"6 eEl halff �' WEST GUTH PARK 5R pz Project Schedule Copus Chati Engineering 2022 - 2023 12023 January — January February — June July — December Design Bid/Award Construction Construction starting in July 2023 with anticipated completion by December 2023. Corpus Chr sti Engineering so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of June 13, 2023 1852 Second Reading for the City Council Meeting of June 27, 2023 DATE: June 13, 2023 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, Director of Planning Daniel Mc(a)-cctexas.com 361-826-7011 Short-Term Rentals Multi-Family Ordinance Amendment CAPTION: Ordinance amending Section 5-38 of the City Code to allow for a consolidated permit for short-term rental units within multifamily buildings with a sole operator; providing for a penalty not to exceed $500 and publication. SUMMARY: The City of Corpus Christi is proposing an amendment to the current City Code that allows for short-term rental units within an apartment or condominium building with more than 100 dwelling units to operate under a single short-term rental permit. To qualify, 75% of all short-term rental units within that building must be operated by a single operator that is solely responsible for management of the short-term rental units including collecting and remitting hotel occupancy taxes for the short-term rental units. To qualify as "solely responsible for management of the short-term rental units", the operator must have: 1. a centralized reservation system; 2. prohibition of rental outside of the centralized reservation/rental management system; 3. centralized management of all rental units with a centralized check-in on-site; 4. on-site full-time management available 24 hours per day; 5. centralized maintenance and housekeeping; and 6. consolidated collection and reporting of Hotel Occupancy Tax. BACKGROUND AND FINDINGS: The popularity of STRs through online marketplaces like Airbnb and VRBO has brought new challenges and concerns for municipalities on how to properly regulate them. In 2021 , City Council recognized the importance of creating regulations that allow property owners to utilize their property for such purposes without causing harm to neighborhoods and requested City staff to conduct a review of the City's needs and draft an ordinance that regulates such activity. On June 28, 2022, the City Council approved a new Short-Term Rental Ordinance. The ordinance amends the City's Unified Development Code (UDC) to allow short-term rentals (STRs) with restrictions in single-family residential districts citywide but not in single-family residential districts within the Padre/Mustang Island Area Development Plan area. The STR Ordinance requires registration of any property that is rented for less than 30 consecutive days in all areas of Corpus Christi. ALTERNATIVES: Reject the proposed amendment and continue to require individual short-term rental permits for each unit. FISCAL IMPACT: Revenues generated from the fees and fines collected for STR permitting and penalties will be distributed to the departments that manage the permitting and enforcement program (Code Enforcement, Development Services, and Finance). FUNDING DETAIL: Fund: Organization/Activity: Department: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the amendment to the City Code as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance — STR Multi-Family Amendment Ordinance amending Section 5-38 of the City Code to allow for a consolidated permit for short-term rental units within multifamily buildings with a sole operator; Providing for a penalty not to exceed $500 and publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS, THAT: SECTION 1. Section 5-38, Subsections (b), (c), (d), and (e) of the Corpus Christi Code are amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 5-38. Permit required. (b) All individual units having cooking, sleeping, and bathing facilities, within common buildings, regardless of ownership, shall require a separate, individual permit for each unit intended to be used as a short-term rental, except as provided in Subsection (c). (c) Short-term rental units within an apartment or condominium building with more than 40 dwelling units may operate under a single consolidated short-term rental permit where more than 75% of the short-term rental units within that building are operated by a single operator and such operator is solely responsible for management of the short-term rental units and collecting and remitting hotel occupancy taxes for the short-term rental units. Short-term rental units not identified within the consolidated short-term rental permit must obtain a short-term rental permit. (d) To qualify for a single consolidated short-term rental permit, the operator must have the following for the short-term rental units subject to the consolidated short-term rental permit: (1) a centralized reservation system; (2) prohibition of rental and advertising for rental outside of the centralized reservation/rental management system; (3) centralized management of all rental units with a centralized check-in on-site; (4) full-time, on-site management available 24 hours per day; (5) centralized maintenance and housekeeping; and (6) consolidated collection and reporting of Hotel Occupancy Tax. 1 @BCL@F41D5FE2 (e) All short-term rental advertisements under a consolidated short-term rental permit must include the consolidated short-term rental permit number. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Corpus Christi Code. SECTION 5. This ordinance takes effect after official publication. Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 3 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police M ikeMa(a-)-cctexas.com (361) 886-2601 Josh Chronley, Assistant Director of Finance & Procurement JoshC2(a)cctexas.com (361) 826-3169 Service Agreement for Custodial Services for the Corpus Christi Police Department CAPTION: Motion authorizing a one-year service agreement, with two one-year options, with United Service Associates, LLC., of San Antonio, Texas, for custodial services for the Corpus Christi Police Department in an amount not to exceed $93,143.76 and a potential total amount not to exceed $279,431.28 if both one-year options are exercised, with FY 2023 funding of $23,285.94 from the General Fund. SUMMARY: This motion authorizes a one-year service agreement, with two one-year options, for custodial services for the Corpus Christi Police Department. The custodial services will be located at the Corpus Christi Police Department's headquarters building. The custodial services will also cover Municipal Court. BACKGROUND AND FINDINGS: The custodial services from this contract will be performed at CCPD's headquarters building, located at 321 John Sartain Street. The custodial services will cover all designated spaces including restrooms, office spaces, conference rooms, court rooms, auditorium, locker rooms, and parking lots. The services will also include Municipal Court. The Corpus Christi Police Department (CCPD) has been utilizing United Service Associates, LLC. for the past three years at CCPD's headquarters building. United Service Associates, LLC. are proposing to provide the same services with no price increases from their current contract. The current agreement is also a one-year service agreement, with two one-year options, with a potential total amount not to exceed $279,431.28. It expires on June 30, 2023. CCPD has been satisfied with United Service Associates, LLC. and recommends continuing to use them for their custodial services. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process and received three responsive, responsible bids and is recommending award to the lowest, responsive, responsible bidder, United Service Associates, LLC. United Service Associates, LLC. is the incumbent contractor for custodial services for CCPD. They are proposing to provide the same services with no price increases from their current contract. The current agreement is also a one-year service agreement, with two one-year options, in an amount not to exceed $93,143.76 and a potential total amount not to exceed $279,431.28. It expires on June 30, 2023. CCPD has been satisfied with United Service Associates, LLC. and recommends continuing to use them for their custodial services. ALTERNATIVES: The alternative is to not award the contract to United Services Associates, LLC. and begin another Request for Bid process. However, this would not be cost-effective for the City, as CCPD would have to pay a custodial services company to do the work while the new bid process was created. This would result in less competitive pricing and possibly another company that does not perform custodial services to the same standard as United Service Associates, LLC. FISCAL IMPACT: The fiscal impact for CCPD in FY 2023 is $23,285.94 for this service agreement. The remaining $279,431.28 will be budgeted in future years if the two additional one-year options are agreed upon. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 11870 Mission Element: 151 Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion approving a one-year service agreement, with two one-year option, periods with United Service Associates, LLC. for custodial services for CCPD, as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Bid Tabulation Finance-Procurement Department RFB No.4684 Buyer:liza Elizalde Custodial Services for Police Department United Service Associates LLC of San Antonio, Ace Communications LTD Co.dba ACE Alpha and Omega Cleaning Services, Texas Global of Corpus Christi,Texas LLC of Edinburg,Texas ITEM DESCRIPTION UNIT 1-YRQTY Unit Price Extended Price 1-YR QTY Unit Price Extended Price 1-YRQTY Unit Price Extended Price 1 Custodial Services Main Police Station and Municipal Court MO 12 $ 7,761.98 $ 93,143.76 12 $11,784.30 $ 141,411.60 12 $14,841.00 $ 178,092.00 Total Price for 1 Year $ 93,143.76 Total $ 141,411.60 Total $ 178,092.00 ITEM DESCRIPTION UNIT Option 1-YR Unit Price Extended Price Option 1-YR QTY Unit Price Extended Price Option 1-YR Unit Price Extended Price Qn QTY 2 Custodial Services Main Police Station and Municipal Court MO 12 $ 7,761.98 $ 93,143.76 12 $11,606.16 $ 139,273.92 12 $15,583.00 $ 186,996.00 Total Price for Option 1 Year $ 93,143.76 Total $ 139,273.92 Total $ 186,996.00 ITEM DESCRIPTION UNIT Option 2-YR Unit Price Extended Price Option 2-YR QTY Unit Price Extended Price Option 2-YR Unit Price Extended Price QTY QTY 3 Custodial Services Main Police Station and Municipal Court MO 12 $ 7,761.98 $ 93,143.76 12 $11,636.90 $ 139,642.80 12 $16,362.00 $ 196,344.00 Total Price for Option 2 Year $ 93,143.76 Total $ 139,642.80 Total $ 196,344.00 Page 1 of 1 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 �yV SC G° a 0 H SERVICE AGREEMENT NO. 4684 U Custodial Services for Police Department yeanaonn!e 1852 THIS Custodial Services for Police Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and United Service Associates LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Custodial Services for Police Department in response to Request for Bid/Proposal No. 4684 ("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 Custodial Services for Police Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-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. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $93,143.76, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Pat Eldridge Department: Police Department Phone: 361-886-2696 Email: Pat@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. Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 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. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 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. 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: Pat Eldridge Title: Police Management Services Director Address: 321 John Sartain St., Corpus Christi, Texas 78401 Phone: 361-886-2696 Fax: 361-886-2607 IF TO CONTRACTOR: United Service Associates LLC Attn: Samuel Salas Title: General Manager Address: 422 N. General McMullen, Suite 105, San Antonio, Texas 78237 Phone: 210-473-1835 Fax: N/A Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City 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. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 CONTRACTOR �ocuSigned by: ( Signature: Do q� D7�8�@Dz6f�6429.. Printed Name: Samuel Salas Title.. Gen. Mgr. Date: 6/5/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - 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 l : RFB/RFP No. 4684 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall provide custodial services at the Main Police Station and Municipal Court located at 321 John Sartain St., Corpus Christi, Texas 78401 as outlined in this Scope of Work. Custodial services apply to all designated spaces including, but not limited to halls, rest rooms, office spaces, reception areas, conference rooms, court rooms, auditorium, weight room, showers, locker rooms, parking lots, work areas, entrance ways, lobbies, storage areas, elevators, warehouse areas, stairways, stairwells, and turning off all lights not required and securing all windows and doors as required for security as each job site is completed. Scope of Work A. The services the Contractor will provide include furnishing all management effort, supervision, transportation, labor, equipment, approved materials and supplies to perform custodial services as required. B. Custodial Cleaning Duties: Cleaning will include areas under furniture, furnishings, floor mats, and runners. Small pieces of furniture such as tables, chairs, trash cans, etc. will be moved to facilitate cleaning. Large pieces of furniture such as desks, file cabinets, book cases, etc. will not be moved. All furniture and furnishings will be restored to their proper locations after cleaning has been completed. The Contractor will submit to the Contract Administrator for approval a monthly schedule which corresponds to the required tasks and frequencies. Cleaning frequencies, cleaning requirements, summary and special cleaning and/or frequency requirements are specified below as follows: C. Floors 1. 1st Floor Property Room Gun Storage and 2nd Floor Weight Room Gym floor (Sweep and Mop) a. Daily - Rubber flooring will be swept and mopped daily removing all loose dirt, lint, and foreign matter. 2. Vinyl and Ceramic Tile Floors, A1212rox. 4,800 sq. ft (Sweep, Mop, and Buff) a. Daily - All vinyl the floors will be mopped daily with an approved cleaning solution to present a clean appearance, free from dirt, traffic marks, streaks, scuff marks, stains, and foreign matter. b. Monthly or as needed- Floors will be buffed. c. Daily - When floors cannot be satisfactorily cleaned otherwise, they will be spot scrubbed. d. Daily - Floors will be treated with a rejuvenator or finishing compound Page 1 of 10 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 as necessary and buffed when completely dry to provide a uniform glossy appearance. e. Daily - All baseboards, doors, and walls will be cleaned of any mop and buffer splatters. f. Daily - Contractor will ensure that contract employees observe all safety precautions including the posting of warnings such as wet floors. g. Bi-Annual - Strip and wax flooring to a high buff finish. 3. Carpeted Floors and Rugs Approx. 4,800 sg. ft (Vacuum and Spot Clean) a. Daily - Carpeted areas, rugs, and mats will be vacuumed free of all loose soil and debris. b. Daily - Unusual spots, spills, streaks, or stains will be spot cleaned with an approved cleaner. c. Bi-Annual - Shampoo and dry all carpets. D. Rest Rooms and 2nd Floor Gym 1. Three times Daily - (Monday thru Friday) All public restrooms throughout the Police Building will be cleaned twice daily approximate times 10:00 am and 2:00 pm. The night shift will conduct a third cleaning. 2. Daily - (Monday thru Friday between 8:00 am - 5:00 pm) Private office restrooms will be cleaned once daily. 3. Daily - Restroom fixtures, urinals, lavatories, and sinks will be washed inside and outside utilizing a disinfectant and will be free of dirt. 4. Daily - The floor will be wet mopped with a disinfectant. 5. Daily - Floor mats where provided by the City will be cleaned free of dirt and stains. 6. Daily-Walls and partitions will be cleaned free of dirt, streaks, stains, and graffiti to the ceiling. 7. Daily - Mirrors will be cleaned and polished. 8. Daily - All metal and hardware will be clean and bright. 9. Daily - 2nd floor Gym will be cleaned twice a day. Once at 10:00 a.m. and once during the evening cleaning shift. Clean and scrub shower stalls, toilets and sinks free of soap film, dirt, and mildew with an approved cleaner. 10. Daily - All waste receptacles will be emptied and trash deposited in dumpster outside the building. 11. Daily - All restroom supply holders including paper towels, toilet tissue, Page 2 of 10 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 paper toilet seat covers, and soap dispensers will be cleaned and filled daily. 12. Twice Weekly - (Mondays and Thursdays) an approved liquid live bacterial cleaner will be applied to all rest rooms and shower floor drains. 13. Once Weekly - Hard water deposits will be removed weekly from all metal hardware such as water faucets and drinking fountains with approved cleaner. 14. Monthly - The floor will be stripped and a floor sealer will be used but NO WAX will be used. E. Offices, Open Office Space, Conference Rooms, and Court Rooms 1. Daily- Wastebaskets will be emptied and anew trash can liner installed if needed, remove torn or wet liners. 2. Daily - All trash will be deposited in dumpster outside the building. 3. Daily - Upon request, white boards, where present, will be erased and washed clean along with trays. 4. Daily - Thoroughly clean all glass surfaces and doors, including glass in doors and partitions. 5. Daily - Doors, woodwork trim, benches, walls, and wall partitions will be wiped and spot free. 6. Daily - Chairs in conference rooms will be neatly arranged around the conference table to present a neat appearance. 7. Weekly - Conference Rooms with wood paneling, wood table, and wooden chairs will be cleaned and polished with a thin layer of furniture polish. 8. Weekly - All furniture, desks, equipment including personal computers, printers, kitchen appliances, snack machines, horizontal ledges, and window sills will be dusted. 9. Weekly - All desks and tables free of papers, documents, and personal effects of City employee will be cleaned or polished as necessary to maintain an acceptable appearance. 10. Monthly - Waste baskets will be washed clean free of dirt monthly and when needed if wet or messy. F. Lobbies, Entrances, and Reception Areas 1. Daily - All furniture, fire apparatus, doors, horizontal ledges, and window sills will be dusted and wiped free of dirt and smudges. 2. Daily - Drinking fountains will be cleaned and disinfected. Page 3 of 10 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 3. Daily - Glass windows and walls both inside and out along with railings will be cleaned free of soil and markings including entrance glass doors. 4. Daily- Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. 5. Daily - All trash will be deposited in dumpster outside the building. 6. Daily - Miscellaneous hardware and bright metal work will be wiped clean daily. 7. Daily - The three main entrances and two stair well entrances to the Police Department door thresh holds will be swept and cleaned to remove any debris caught in the tracks. 8. Weekly - The three main entrances and two stair well entrances to the Police Department door thresh holds will be polished with approved cleaner. 9. Weekly- Miscellaneous hardware and bright metal work will be polished once a week. 10. Weekly - Drinking fountain surfaces are to be polished free of stains, smudges, and chemical scale build up. G. Stairs and Stairwells 1. This includes stairwell landings, stairs, and steps between landings for four stairwells, two interior stair wells which cover five floors, one stair well leading to the exterior of the building covering four floors, and one stair well leading to the exterior of the building covering two floors. 2. NO WAX will be applied to any landing or stairs. 3. Daily - Interior stair landings and steps will be swept daily. 4. Daily - The two stair well exterior entrances to the Police Department metal door thresh will be swept and cleaned to remove any debris caught in the tracks. 5. Weekly - The two stair well exterior entrances to the Police Department metal door thresh will be polished with appropriate cleaner. 6. Weekly - Interior stair landings and steps will be swept, scrubbed, and damp mopped weekly. 7. Weekly - Hand railings, ledges, grills, fire apparatus, and doors will be cleaned and dusted. H. Elevators 1. The two passenger elevators and one service elevator will be cleaned daily. 2. Daily - All surfaces in the interior and exterior of the elevator cab will be Page 4 of 10 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 cleaned and polished daily. 3. Daily - Stainless steel areas will be cleaned with an approved stainless steel cleaner. 4. Daily - Laminate walls will be wiped with an approved cleaner. 5. Daily - Vinyl the floors will be swept and mopped free of all loose soil and debris. 6. Weekly - Vinyl the floors will be waxed and buffed weekly to assure a shiny, clean appearance. I. Refuse Disposal 1. Daily- All loose trash removed from the buildings will be placed in plastic bags deposited in outside dumpster. 2. Daily - All boxes small or larger will be broken down prior to placing in the dumpster. 3. Daily - If requested, the Contractor will pick up and deposit recyclable waste such as computer paper and aluminum cans in containers separate from the general refuse. The City will provide separate containers for deposit of recyclable materials. 4. 911 Call Center/MetroCom a. Twice Daily - All Trash must be emptied in the 911 Call Center/MetroCom, every day of the week, Monday through Sunday. Times of removal 10 a.m. and 8:00 p.m. b. Daily - sweep floors and clean/dust small kitchen counter. c. Coordinate with 911 Call Center/MetroCom supervisor to clean and dust all desks and computer monitors. J. Kitchen, Break Room, and Vending Areas 1. Daily- Wastebaskets will be emptied and anew trash can liner installed if needed, remove torn or wet liners. 2. Daily - All trash will be deposited in dumpster outside the building. 3. Daily - All furniture, equipment, appliances, horizontal ledges, and window sills will be dusted. 4. Daily - Stove tops, counter tops, sinks, and the exterior of refrigerator, freezers, microwaves, and conventional ovens will be washed clean free of dirt and foreign material. 5. Daily-All tables, chairs, doors, woodwork,walls, and cabinets will be wiped clean. 6. Daily - Chairs will be neatly arranged around the table(s). Page 5 of 10 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 7. Daily - Thoroughly clean all glass surfaces. K. High Cleaning 1. Monthly - Clean all window blinds and office windows to remove all lint, litter, and soil. 2. Monthly- Clean all air vents in offices, conference rooms, hallways, and public spaces to remove all lint, litter, and soil. 3. Monthly - Clean all light fixtures, globes, reflectors, and plastic panels will be cleaned - free of bugs, dust, grease and other foreign matter. L. Exterior 1. Daily - (Monday thru Sunday) All areas up to 50 feet of the exterior to the Police Station building consisting of entrance stairs, landings, smoker's deck, ramps, parking lots, sidewalks, exterior landscaped areas, and porches leading to the first floor entrance and the service ramps will be maintained free of trash and refuse (including small paper, leaves, empty bottles, cans, cigarette butts, and gum). 2. Daily - Trash will be removed from waste and cigarette receptacles located outside the entrances. 3. Daily - (Monday thru Sunday) there are three main entrances to the building as well as two stair well exits/entrances which consist of stairs and landings. Immediately in front of these entrances are to be swept to the far edge of the sidewalk. Scrub and remove any bird deification or gum. Invoicing Instructions Contractor's invoices will be submitted to Accounts Payable and to the Contract Administrator and or designee within five working days following the end of each month in which services are performed. Invoices submitted prior to the end of the period will not be processed until the period has been completed. The original of each invoice will have attached a summary of work performed and charges. On verification of work actually performed and receipt of Contractor submittals, the Contract Administrator will process invoices for payment. Payment will be based on a monthly charge based on the contract price. Work Site and Conditions A. The work will be performed in the Main Police Building which includes the Main Police Station and Municipal Court on 321 John Sartain St. Corpus Christi, Texas 78401 . B. Contractor shall supply the City with a work schedule showing projected work times, days, number and names of personnel. Changes in the work schedule must be approved by the City. Page 6 of 10 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 C. Normal Business Hours: The Contractor shall have one employee on site and one supervisor on stand-by assigned to Police Building located at 321 John Sartain, Monday - Friday, 8:00 a.m. to 5:00 p.m. On Saturday, Sunday and City designated holidays the Contractor shall have one employee on site and one supervisor on stand-by assigned to Police Building located at 321 John Sartain, 1 :00 p.m. to 5:00 p.m. The stand-by supervisor must be able to respond by phone or in person within 30 minutes for assistance or emergencies. D. Night Hours: Nightly services will occur Monday through Sunday and are to be performed after normal business hours. Man-hours utilized will be sufficient to ensure required services are performed in a professional manner. Nightly Services are part of the scope in this contract. Contractor will have a Supervisor on site at the Main Police Building during night hours, excluding City designated holidays. E. Weekend Services: Weekend and or holiday cleaning will not require a supervisor on site; however, a supervisor is required to conduct regular site inspections on weekends. Supervisor must be accessible via phone during weekend working hours. F. Restricted or high security areas will be cleaned, as described in the scope of work above,during normal business hours,Monday through Friday,while a City employee is present (See Exhibit 1). Contractor employees found to be working in any Police or Municipal Court restricted or high security area who have not been cleared in advance or is unaccompanied by a City employee will be required to leave the area immediately and the Contractor will be fined $500 for each employee, per instance. G. Facilities: The City will make available to the Contractor janitorial closets for storage space. Access to the water closets will be shared in the Main Building 1 st, 2nd, 3rd, 4th and 5th floors. The Contractor will assume responsibility for safekeeping of janitorial supplies, equipment and facilities and take adequate precautions to ensure areas are kept clean to prevent fire hazards, odors and vermin. Contractor will obtain and post in a conspicuous place OSHA and safety requirements within the facilities for all chemicals used in the performance of this work. At the completion of the contract, areas will be returned to the City in the same condition as received, except for reasonable wear and tear. The Contractor will be responsible for the cost of any repairs caused by negligence on Contractors part or on the part of Contractor's employees. The City will not provide any office space to the Contractor. The Contractor is responsible, at the Contractor's own expense, to secure and maintain the office space necessary for the performance of the Contractor's work. H. The Contractor will provide all cleaning materials and supplies, necessary for the performance of this contract with the exception of restroom consumables such as toilet tissue, paper toilet seat covers, paper towels, trash can liners, Page 7 of 10 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 and liquid soap which the City will furnish. Materials and supplies provided will be compatible with equipment provided by the City, of acceptable industry grade and quality, and subject to approval by the Contract Administrator. I. The Contractor is required to furnish all equipment necessary for performance of the contract. Such equipment and use of equipment will be subject to inspection and approval of the Contract Administrator prior and during the life of the contract. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. All phases of the services rendered under this contract are subject to inspection by the City both during the Contractor's operation and after task completion. If the Contractor's overall performance is unsatisfactory, the City will so notify the Contractor in writing. The Contractor will reply to such notice in writing. The Contractor will reply to such notice within three working days with appropriate corrective action. Safety Requirements A. Accident Reporting: The Contractor will maintain an accurate record of, and will report to the Contract Administrator, all accidents resulting in the death, traumatic injury or occupational disease. All accidents must be reported in writing, in detail, within 24 hours of their occurrence. B. Fire Prevention: The Contractor will familiarize himself and require his employees to become familiar with the method(s) for activating the fire alarm. The Contractor and his employees will observe building regulations regarding smoking and will be cognizant of and observe all requirements for handling and storage of combustible supplies, materials, and daily disposal of combustible waste, trash, etc. C. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator Contractor Employees The Contractor will furnish an adequate number of employees to perform all work specified within the contract. Contractor's employees will conduct themselves in a proper and efficient manner at all times, and especially to maintain a business- like relationship with others. All Contractor employees working under this contract will be identified by a distinctive uniform or other outer garment such as a shirt or blouse; a tee shirt is not acceptable. The employee will wear a picture style Page 8 of 10 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 identification card on the upper outer garment. Such garment and identification will be provided by Contractor and must be approved by the Contract Administrator. Contractor employee/s found without identifying upper, outer garments or ID's will be removed from the building. Special Instructions Post Award Security Requirements A. The Contractor will comply with all City Security requirements. Due to the nature of Police and Municipal Court information, Contractor employees must have clear Criminal History Backgrounds and this must be verified before each employee is cleared to work in the building. The Contractor will submit the name, address, Social Security Number, height,weight, date of birth, copy of driver's license or picture ID of the Contractor and each employee hired for work on this contract, a completed Personal History Statement and other forms may be required for security. It will be the Contract Administrator's decision whether a Contractor's employee is acceptable to work in the Police/Municipal Court areas. B. Contractor employees found to be working in any Police or Municipal Court area who have not been cleared in advance will be required to leave the area immediately and the Contractor will be fined $500 for each employee, per instance. Changes in personnel will be furnished to the Contract Administrator, in writing, prior to making such changes or before personnel begin working on the property. C. Pre-Performance Conference: Prior to commencing work under this contract, the Contractor will meet in a conference with the Contract Administrator to discuss and develop mutual understandings relative to the execution of this contract. A contract incorporating the provisions of these specifications will be provided by the City for execution by the successful Contractor. D. Performance Evaluation Meetings: The Contractor's Manager will visit the Contract Administrator or designated representative monthly. Additional meetings will be held at the discretion of the Contract Administrator, but not less often than monthly. A mutual effort will be made to resolve all problems identified. Page 9 of 10 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 Exhibit 1 CITY RECOGNIZED HOLIDAYS 1. The first day of January (New Year's Day) 2. The third Monday of January (Martin Luther King, Jr. Day) 3. The last Monday of May (Memorial Day) 4. June 19th (Juneteenth) 5. The fourth day of July (Independence Day) 6. The first Monday of September (Labor Day) 7. The fourth Thursday and Friday of November (Thanksgiving Day) 8. The twenty-fifth day of December (Christmas Day) When a holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated a holiday by proclamation of the Mayor, upon approval of the City Council. RESTRICTED AREAS Cleaning Occurs - Monday through Friday, 8:OOam to 5:OOpm excluding City holidays. 1 st Floor: Property Warehouse (approx. 3,000 sq. ft.) 2nd Floor: Director of Municipal Courts (approx. 1 ,500 sq. ft.) 4th Floor: Forensics - offices and labs (approx. 1 ,500 sq. ft.) 5th Floor: Chief of Police (clean at 8:OOA.M.) Assistant Chief of Police (3 offices) Room 525 (approx. 1 ,500 sq. ft.) Non-Restricted Area Hours: Monday-Sunday from 8:OOam to 9:OOpm Page 10 of 10 DocuSign Envelope ID:A3A298D3-E3B1-44E2-133139-4131511A87F08 ATTACHMENT B: BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT -7 BID FORM "'cnccn'e. 9 RFB No. 4684 Custodial Services for Police Department + PAGE 1 OF 1 Date: J � � � Authorized Bidder: �n i i 6ejV1(,2, rt(` "k r Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 1 Custodial Services Main Police 12 MO , Station and Munci al Court r'(pt. 9J Total Year 1 Item Description UNIT QTY Unit Price Total Price 1 Custodial Services Main Police 12 MO Station and Munci al Court �� �� H3.�� Total Option Year 1 Item Description UNIT QTY Unit Price Total Price 1 Custodial Services Main Police 12 MO Station and Munci al Court 'M Total Option Year 2 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 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, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Page 2 of 3 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required for the Agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:A3A298D3-E3B1-44E2-B3B9-4B1511A87F08 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty required for this Agreement. Page 1 of 1 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a-)-cctexas.com (361) 886-2601 Josh Chronley, Assistant Director of Finance & Procurement JoshC2(a)cctexas.com (361) 826-3169 Emergency Equipment Installations and Repairs for Corpus Christi Police Department Police Vehicles CAPTION: Motion authorizing a three-year service agreement with C & S Plating and Bumper Recycling Inc., dba C&S Truck and Van Equipment, of Corpus Christi, Texas, for emergency equipment installation and repairs for Corpus Christi Police Department police vehicles in an amount not to exceed $295,500.00, with FY 2023 funding of$24,625.00 from the General Fund. SUMMARY: This resolution authorizes a three-year service agreement for emergency equipment installation and repairs for Corpus Christi Police Department police vehicles. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) is recommending utilizing C & S Plating & Bumper Recycling, Inc., dba C & S Truck and Van Equipment, to perform minor body repairs, limited structural work, installation, and removal of equipment in police vehicles. Police vehicles must be repaired quickly, and C & S Plating & Bumper Recycling, Inc., dba C & S Truck and Van Equipment, is able to meet the needs of the CCPD by getting the police vehicles back into operation in a quick timeframe. The vendor will repair minor body damage, perform limited structural work to the police vehicles as well as electrical work required for in-car video equipment, police radios, light bars, etc. By consolidating these repairs to one vendor, vehicles will return to the streets quicker. C & S Plating & Bumper Recycling, Inc., dba C &S Truck and Van Equipment, is one of a few companies in the southern region of the State of Texas that is certified to install and remove emergency equipment in police vehicles. C & S Plating & Bumper Recycling, Inc., dba C & S Truck and Van Equipment, is the most current service provider for CCPD for emergency installation and repairs on police vehicles. CCPD has been satisfied with their level of service and recommends continuing to use them for the proposed agreement. The previous agreement with C & S Plating & Bumper Recycling, Inc., dba C & S Truck and Van Equipment, was for one year and was not to exceed $200,000. It expired on December 31, 2022. Since then, CCPD has continued to use C & S Plating & Bumper Recycling, Inc., dba C & S Truck and Van Equipment, on a direct pay basis while the proposed agreement was negotiated and finalized. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for bid process and received one responsive, responsible bid and one non-responsive bid (SAT Radio Communications, Ltd.). Staff is recommending award to the responsive, responsible bidder C & S Plating and Bumper Recycling Inc. dba C&S Truck and Van Equipment, of Corpus Christi, Texas. They are the incumbent. CCPD is satisfied with their level of service and recommends continuing to use them. The previous agreement was with C & S Plating & Bumper Recycling, Inc., dba C & S Truck and Van Equipment, for one year and was not to exceed $200,000. It expired on December 31, 2022. Since then, CCPD has continued to use C & S Plating & Bumper Recycling, Inc., dba C & S Truck and Van Equipment, on a direct pay basis while the proposed agreement was negotiated and finalized. Procurement staff reached out to the City of San Antonio and the City of New Braunfels regarding pricing structure for emergency equipment installations and repairs on police vehicles and the labor rates provided from the other municipalities were in line with the pricing submitted for this Request for Bid. ALTERNATIVES: The alternative is not to award the service agreement to C & S Plating & Bumper Recycling Inc., dba C & S Truck and Van Equipment. However, if the services agreement with C & S Plating & Bumper Recycling, Inc., dba C & S Truck and Van Equipment, is not approved, all of CCPD's police vehicles will have to be taken to Houston to complete the repairs, installs, and removals. This will lead to increased times that police vehicles will be out of service. FISCAL IMPACT: The fiscal impact for FY 2023 is an amount of$24,625.00 from the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 11740 Mission Element: 151 Respond to Law Enforcement Calls Project # (CIP Only): N/A Account: 530230 Amount: $24,625.00 RECOMMENDATION: Staff recommends approval of this motion to execute a service agreement with C & S Plating and Bumper Recycling Inc. dba C&S Truck and Van Equipment, of Corpus Christi, for emergency equipment installation and repairs for police vehicles as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement tyyUB CA_ City of Corpus Christi Bid Tabulation Finance- Procurement Department RFB No.4749 Buyer:Liza Elizalde Emergency Equipment Installations and Repairs for Police Vehicles 1852 C&S Plating and Bumper Recycling,Inc. dba C&S Truck and Van Equipment of Corpus Christi,Texas ITEM DESCRIPTION UNIT 3-YR QTY Unit Price Extended Price 1 Labor Rate HRS 1,550 $ 90.00 $ 139,500.00 Estimated Mark Up% Estimated Allowance+Mark Up Allowance % 2 Parts and Material 5 130,000.00 20% $ 156,000.00 Grand TotalT$ 295,500.00 Page 1 of 1 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 �yV SC G° a 0 H SERVICE AGREEMENT NO. 4749 U Emergency Equipment Installations and yeanaonnf 1852 Repairs for Police Vehicles THIS Emergency Equipment Installations and Repairs for Police Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and C&S Plating and Bumper Recycling, Inc. dba C&S Truck and Van Equipment ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Emergency Equipment Installations and Repairs for Police Vehicles in response to Request for Bid/Proposal No. 4749 ("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 Emergency Equipment Installations and Repairs for Police Vehicles ("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. (A) The Term of this Agreement is three years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 3. Compensation and Payment. This Agreement is for an amount not to exceed $295,500.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Pat Eldridge Department: Police Department Phone: 361-886-2696 Email: Pat@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 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 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. 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. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 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: Pat Eldridge Title: Police Management Services Director Address: 321 John Sartain St., Corpus Christi, Texas 78401 Phone: 361-886-2696 Fax: 361-886-2607 IF TO CONTRACTOR: C&S Plating and Bumper Recycling, Inc. dba C&S Truck and Van Equipment Attn: Lynda Dehnert Title: Owner Address: 2022 Saratoga Blvd., Corpus Christi, Texas 78417 Phone: 361-854-0360 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF 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. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 CONTRACTOR D11US g A by: Signature. . \ Printed Name: Lynda Dehnert Title: owner Date: 6/4/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - 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 l : RFB/RFP No. 4749 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall install electronics, prisoner safety equipment and all related Police equipment in Law Enforcement vehicles as outlined in this scope of work. Decommission marked patrol vehicles by removing all emergency equipment, computers, and prisoner safety equipment, electronics, spotlights, antennas, and Police insignia or markings along with outline of markings. Each vehicle worked on will be billed separately specifying work completed and will include the unit number and VIN. There may be additional equipment added to vehicles that are not marked. Scope of Work A. Marked Patrol Vehicle: 1 . All installed items will be supplied by the City of Corpus Christi. The placement of all emergency equipment and technology will be specified by Police Fleet Personnel. 2. Install front push bumper to manufacturer's specification. 3. Install emergency lighting outside of the vehicle. This will include up to eight additional lights mounted on exterior of each unit. 4. Install wiring to all emergency lights to allow full operation of all emergency lights. 5. Install wiring to power the following items. (i.e., MDT, In-car camera, cradle point, police radio, printers, radars, and docking stations along with any other technology requested. 6. Install a prisoner cage kit to include window barriers, door panels, plastic back seat, and rear barrier. 7. Install gun rack. 8. Install wig wag lighting module to headlights and taillights. 9. Install police radio and antenna. 10. Install center console. 1 1 . Install cradle point. 12. Install car camera system. 13. Install mounted in car radar system. 14. Install controller to operate all emergency lighting equipment to include siren speaker. Page 1 of 4 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 15. Install command box in the rear of vehicle. (approx. 20 supervisor vehicles in fleet are equipped with these.) B. Strip Outs: 1 . Re-key retired units. 2. Drill locks on totaled units. 3. Remove all Police Graphics. 4. Remove spotlight. 5. Drill out locks on undriveable retired units. 6. Re-install backseats. 7. Remove UHF sticker and return to Police Department. 8. Remove emergency lights embedded in lights and grill. C. Patrol Vehicle (Slick Top): 1 . Install front push bumper to manufacturer's specification. 2. Install emergency lighting outside of the vehicle. 3. Install wiring to all emergency lights to allow full operation of all emergency lights. 4. Install wiring to power the following items. (i.e., MDT, In-car camera, cradle point, police radio, printers, radars, and docking stations along with any other technology requested. 5. Install a prisoner cage kit to include window barriers, door panels, plastic back seat, and rear barrier. 6. Install gun rack. 7. Install wig wag lighting module to headlights and taillights. 8. Install police radio and antenna. 9. Install center console. 10. Install cradle point. 11 . Install car camera system. 12. Install mounted in car radar system. 13. Install controller to operate all emergency lighting equipment to include siren speaker. 14. Install command box in the rear of vehicle. (approx. 20 supervisor vehicles in fleet are equipped with these.) Page 2 of 4 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 D. Specialty Vehicles: The Police Department has vehicles that are specialized and may require all equipment specified under marked units to be installed of just partial equipment. Vehicles in this category include forensic vans, prisoner transport, passenger transport and K-9 units. The equipment for each would be specified at time of installation. E. Repairs and Work to Police Vehicles: 1 . Contractor must have certification to perform repairs on Panasonic, Dash Camera, and Harris GE radio systems equipment. During the year, vehicles are either damaged or are involved in accidents and require the removal of damaged parts and equipment and the installation of new replacement equipment. 2. Contractor shall remove equipment damaged or destroyed and replace with new equipment. 3. Repairs, removal, and installation emergency equipment. 4. Contractor shall be able to troubleshoot emergency equipment to fix or repair issues. 5. Contractor shall be able to repair generators and electrical equipment on large specialty vehicles that is part of the emergency equipment on the unit. Work Site and Conditions 1 . Contractor shall give Corpus Christi Police Department marked patrol cars first priority and shall provide same-day priority service. 2. Contractor shall have four business days, Monday through Friday, 8:00 AM to 5:00 PM, and Saturday 8:00 AM to 12:00 PM to complete what is constituted as a minor repair according to the manufacturer. 3. Contractor shall have eight business days, Monday through Friday, 8:00 AM to 5:00 PM, and Saturday 8:00 AM to 12:00 PM to complete what is considered major repair according to the manufacturer. Extensions require approval from the Contract Administrator. 4. Contractor shall be available after hours, if needed, at no additional charge, to include weekends and holidays. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 3 of 4 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 Special Instructions 1 . Must be available after hours if needed at no additional charge, to include weekends and holidays. 2. No overtime for work done after hours and weekends. 3. Must have knowledge of emergency equipment. 4. Must have knowledge of emergency equipment wiring. 5. Contractor shall agree to make marked patrol cars a priority. Page 4 of 4 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 ATTACHMENT B: BID/PRICING SCHEDULE US c CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM 4'c'tl 3441 C / _j§P7 '-, RFB No. 4749 Emergency Equipment Installations and Repairs for Police Vehicles PAGE 1 OF 1 Date: C&S Plating and Bumper Recycling, Inc. Authorized Bidder: dba C&S Truck Equipment Signature: j1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before i completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, 1 communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. i b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information G I' on file with City's Contracts and Procurement office, pursuant to the Code o ! Ordinances, is current and true. ` c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. i d. Bidder acknowledges receipt and review of all addenda for this RFB. f Item Description UNIT 3-YR. QTY Unit Total Price Price s 1 Labor Rate HRS 1,550 90.00 $139,500 Estimated Mark Up Estimated Allowance + Allowance Mark Up__ 4 2 Parts and Materials $130,000 20% 1$26,000 $156.000 Total for 3 Years 1$295,500 i! I a I I i i DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $250,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles While in COVERAGE including: Care, Custody or Control Physical Damage on a Direct Primary Basis C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure Page 1 of 3 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 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, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit Page 2 of 3 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required for this Agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services -Services Performed Offsite 05/10/2021 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID: EE81EAC1-0688-4FDF-80E3-90282DA295E7 ATTACHMENT D - WARRANTY REQUIREMENTS A.The Contractor shall warrant materials and workmanship against defects arising from faulty material, faulty workmanship for a period of 12 months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the City. B. Where items or equipment or material carry a manufacturer's warranty for any period in excess of 12 months, then the manufacturer's warranty shall apply for the piece of material or equipment. The Contractor shall replace such defective equipment or materials, without cost the City, within the manufacturer's warranty period. Page 1 of 1 so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Police Chief M i ke m a(a)cctexa s.co m (361) 886-2601 Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3319 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Eventide Voice Recorder Upgrade for the P25 Public Safety Radio System CAPTION: Motion authorizing a one-year service agreement with DigitalMarkets, Inc., dba Vista Com, of Houston, through the HGAC Cooperative, as part of the P25 upgrade to the Public Safety Radio System in an amount not to exceed $199,250, of which the City will pay $149,437.50 based on 75% ownership, Nueces County will pay $37,857.50 based on 19% ownership, and the Regional Transportation Authority (RTA) will pay $11 ,955.00 based on 6% ownership per the Interlocal Cooperation Agreement for the Radio System P25 upgrade, with FY 2023 funding from the Police2020 Bond18 Fund and Interlocal Cooperation Agreement. SUMMARY: The City of Corpus Christi, Nueces County, and the RTA are owners of the P25 Public Safety Radio System. This service agreement authorizes the upgrade of the Eventide Voice Recorder equipment to record radio traffic on the P25 Public Safety Radio system. The existing Eventide voice recording equipment has reached end of life and will not be supported in the future. BACKGROUND AND FINDINGS: The voice recording equipment will be utilized to record radio traffic on the P25 Public Safety Radio system. The existing voice recording equipment is no longer being manufactured because the technology is outdated. Upgrading to their latest equipment which utilized the latest technology will benefit the P25 Public Safety Radio System. DigitalMarkets, Inc., dba Vista Com will configure, install, and integrate the new voice recording equipment into the P25 Radio system. PROCUREMENT DETAIL: Information Technology in conjunction with Finance & Procurement examined other cooperative contracts and service offering to find the most cost-effective option for the City. Contracts awarded through the cooperatives have been competitively procured in compliance with Texas local and State procurement requirements. Comparisons between DIR, HGAC, and the retail open market pricing showed a 16.08% discount from retail using HGAC Coop, with total savings of $38,191.00. List Price Discount MSRP $237,441.00 DIR $199,892.62 15.81% HGAC Coop $199,250.00 16.08% ALTERNATIVES: No alternative. The system is end of life and is necessary for the safety of citizens. FISCAL IMPACT: The fiscal impact in FY 2023 is an amount not to exceed $199,250 for the purchase and installation of the upgraded voice recording system from DigitalMarkets, Inc., dba Vista Com. The City of Corpus Christi's allocation of$149,437.50 is funded through general obligation bonds approved by the voters in 2018. The City's funding was approved in the 2018 bond election and has been secured through the issuance of voter-approved general obligation bonds. Based on ownership of the radio system, $37,857.50 is funded from Nueces County and $11 ,955.00 is funded from the RTA for a total of$49,812.50 per the Interlocal Cooperation Agreement defining Nueces County and the RTA as owners of the Public Safety Radio System. FUNDING DETAIL: Fund: 3343 Police2020 Bd2018 Organization: 89 Department: 29 Project # (CIP Only)-Police Radio Communication System -18038A Activity: 18038A-3343-EXP Account: 550720 Amount: $149,437.50 Fund: 3340 Police CIP Organization: 89 Department: 29 Project # (CIP Only)-Police Radio Communication System -18038A Activity: 18038A-3340-EXP Account: 550720 Amount: $49,812.50 RECOMMENDATION: City staff recommend approving the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Eventide DX Recorders for Police Department HGAC RP07-20 DigitalMarkets, Inc., dba Vista Com Houston, TX Item Description Qty Cost Price 1 NexLog 740DX Hardware Bundle 2 $19,678.00 $39,356.00 2 NexLog 740DX Channel Bundle 1 $33,347.00 $33,347.00 3 NexLog Storage & Power Bundle 2 $2,405.00 $4,810.00 4 NexLog 740DX Channel Bundle 1 $28,523.00 $28,523.00 5 NexLog 740DX Software Bundle 1 $42,355.00 $42,355.00 6 NexLog 740DX Software Bundle 1 $23,448.00 $23,448.00 7 Professional Service Installations Bundle 1 $12,590.00 $12,590.00 8 Support Product & Configuration Bundle 1 $12,256.00 $12,256.00 8 Professional Service Training Bundle 1 $4,350.00 $4,350.00 9 1 Customer Discount 1 -$1,785.00 -$1,785.00 Total $199,250.00 DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8 SC > CO-OPERATIVE PURCHASE AGREEMENT NO. 139616 U Eventide DX Recorder For Police Department fhaaaoRp�� 1852 THIS Eventide DX Recorder Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and DigitalMarkets, Inc., dba Vista Com ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). 1. Co-operative Agreement. Contractor has agreed to provide Eventide DX Recorder in accordance with its agreement with HGAC RP07-20 (the "Co- operative Agreement"), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co- operative Agreement, this Agreement shall govern to the extent allowed by the Co-operative Agreement. 2. Scope. Contractor will provide Eventide DX Recorder in accordance with the attached Statement of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 3. Term. The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 4. Compensation and Payment. This Agreement is for an amount not to exceed $199,250.00 subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Invoices must be mailed to the following address: Co-operative Purchase Agreement Standard Form Page 1 of 3 DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 5. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Jesse Saenz Senior Officer 321 John Sartain St., Corpus Christi, TX 78406 Phone: 361-886-2801 Fax: n/a IF TO CONTRACTOR: DigitalMarkets, Inc. dba Vista Com Attn: Robin Clevenger Regional Sales Manager 9824 W hitthorn Drive, Houston, TX 77095 Phone: 281-516-9800 ext 201 Fax: 281-518-7056 6. Entire Agreement. This Agreement, along with the Co-operative Agreement, constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] Co-operative Purchase Agreement Standard Form Page 2 of 3 DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8 CONTRACTOR DocuSigned by: Signature: 't'v, 1 BFCBDE16C67483... Printed Name: Robin Clevenger Title: Regional Sales Manager Date: 6/1/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Incorporated by Reference Only: Co-operative Agreement: HGAC RP07-20 Co-operative Purchase Agreement Standard Form Page 3 of 3 DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8 ATTACHMENT A: SCOPE OF WORK Project Name: Installation of two Eventide DX Recorders for the Corpus Christi Police Department Project Address: Corpus Christi Police Department, 321 John Sartain St., Corpus Christi, Texas 78406 Scope of Work A. The Contractor shall install two Eventide DX Recorders and software per information below: 1 . Deck A Recorder will include the following: (1 ) Eventide DX Recorder, 48 analog, 96 IP (56 of those are for Harris P25 radios, 14 for Viper 9-1-1 , 26 for Cisco phones), 80 Quality licenses, 20 screen recording licenses, ANI/ALI tagging of address and phone number of 9-1-1 calls, 40 Media Works user software licenses for search, playback, exporting of calls, Enhanced reports, Geo mapping, NAB license, Harris P25 radio integrations, archiving and storing calls onto a NAS (Network attached storage) and UPS. 2. Deck B Recorder will include the following: (1) Eventide DX Recorder, 48 analog, 72 IP (56 of those are for Harris P25 radios, 16 IP for Viper 9-1-1 s), 24 Media Works user software licenses for search, playback, exporting of calls, Geo mapping, ANI/ALI tagging of address and phone number of 9-1-1 calls, Harris P25 radio integrations, archiving and storing calls onto a NAS (Network attached storage) and UPS. B. The goal of this project is to replace the two existing Eventide recorders that are no longer manufactured due to the age with two Eventide DX recorders. The DX recorders have new and improved hardware and software. The upgrade will benefit the PD staff. C. The Contractor shall include hardware support for all Eventide installed hardware, which include power supplies and or any other parts that are related to the Eventide equipment for one year. D. Support will include the advanced replacement of failed parts and Next Business Day (NBD) replacement of failed hardware for a term of one year. E. The Contractor shall include software support for the term of the agreement. DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8 F. The Contractor shall provide any software updates that need to be performed on the equipment during the term of the agreement. G. The Contractor shall provide installation services of the Recorder which includes Site Installation Guides, Project, Management, Pre- Configuration, Onsite Installation, System Integrations, and De-trash. H. The Contractor shall provide a support product and configuration bundle that includes Support for the recording, solution during Period of OEM materials warranty. Also, Includes, software support, configuration support, Time and Materials, and all On-Site Maintenance. I. The Contractor shall provide training that includes training and materials and a training Class which will include follow-up support. Contractor Point of Contact: Robin Clevenger, Regional Sales Manager 281-516-9800 Ext 201 robin@vistacomtx.com DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8 Arracnmem b: bia/ericing Schedule i01"Y" �VI' st p u w r 4 x' lyn M y CCP® - REVISED Eventide DX Recorder Upgrade Deck A&B - Harris P25 Radios Prepared by: i'repared for: Quote infornnation: •:.. Vista Com Corpus Christi Police Department Quote#:H00004799 Robin Clevenger 321 John Sartain St.PO Box 9016 Version:1 a; 281-516-9800 ext 201 Corpus Christi,TX 78406 Delivery Date:05/31/2023 Fax(281)518-7056 Jesse Saenz Expiration Date:08/31/2023 robin@vistacamtx.com JSaenz@cctexas.com (361)886-2801 , ` G c.a >s4 sE r ds z k LI i` 'hip, 7 y dnN11111 Vista Com is proposing replacing the Deck A&B Eventide Nexlog 740 recorders with the new Eventide DX recorder equipped with recording the following: The quote reflects HGAC RP07-20. Deck A Recorder: 48 analog, 96 IP (56 of those for Harris P25 radios, 14 for VIPER 9-1-1, 26 for Cisco phones), 80 Quality licenses, 20 screen recording licenses, ANI/ALI, 40 Media Works licenses, Enhanced reports, Geo Mapping, NAB license, Harris P25 radio integrations Deck B Recorder: 48 analog, 72 IP (56 of those for Harris P25 radios, 16 IP for Viper 9-1-1 s), 24 Media Works, Geo Mapping, ANI/ALI, Harris P25 radio integrations NexLog 740DX NexLog 740DX Hardware Bundle 1 $23,500.00 $23,500.00 $19,678.00 $19,678.00 Hardware NexLog 740DX Base Bundle Hardware Configuration NexLog 740 DX-Series Base System 1 NexLog 740 DX-Series base system: 3U rack-mountable, Core i5 CPU, 16GB DDR4 RAM, 2 x2TB fixed-Mount HDDs (RAID 1), 1 Blu-ray Multi-Drive, 2 Network Ports (100/1000), Embedded Linux, NexLog DX-Series software, web- based configuration manager, audio controls & amplified speaker on front panel, dual hot-swap 120- 240VAC 50/60Hz power supplies. Requires ongoing Eventide DX Software Update Subscription (DXSUS) for access to critical DX-Series Software & Security Updates. A, Page 4 of 11 Quote#HOU004799 v1 TH'E S..17 PU6CHA-AIr SOLUTION DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8 >a . • � y iitcwrAi� Vinst4% F Upgrade NexLog 740 DX-Series to 4x4TB 1 HotSwap MegaRAID5=12TB Upgrade NexLog 740 DX- Series (at time of order)to 4x4TB HotSwap MegaRAID5=12TB storage Integrated 7"Color LCD Touch Screen Display 1 for NexLog 740 Integrated 7" Color LCD Touch Screen Display for NexLog 740 DX-Series DVSI 2-Port USB Decoder Unit 1 DVSI 2-Port USB Decoder for NexLogDX(for P25, DMR, MOTOTRBO, NXDN)- Max 8 NexLog 740DX NexLog 740DX Channel Bundle 1 $39,820.00 $39,820.00 $33,347.00 $33,347.00 Channel Eventide User Channel Bundle Activation Bundle Provides TDM, VoIP,RoIP Licensing for Playback 24-Channel Analog PCIe(PCI Express)Card, 2 24 Ch.Licenses 24-Channel Analog PCIe (PCI Express) Card, 24 Ch. Licenses Internal IP Recorder w/8 G.711 Channel 1 Licenses Internal IP Recorder w/8 G.711 Channel Licenses Add-on license pack(internal IP recording 11 engine) Add-on license pack (internal IP recording engine)with 8 Channel Licenses for G.711 RTP/Ro I P/N G911 Nexlog Nexlog Storage&Power Bundle 1 $2,405.00 $2,405.00 $2,405.00 $2,405.00 Storage& Eventide User Storage & Power Bundle Power Bundle NAS Rackmountable Appliance Based 1 1 U NAS Rackmount Network Attached Storage Appliance (Linux Technology)With 2 2Tb Hard Drives _' LLJ' �"' '&.L' '-��` ��Sv"a r....G • ' K. "J a�:* , �.r...s,..,,P;_ ,.a.,,:u?, .,.fis.fir ..i, `°" ,R:',.,"...o..�. T;.., �„ Page 5 of 11 i,'� B U a.. Quote#HOU004799 v1 THE SMART PURCHASING SOLLF" N DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8 x K- J, � �St�"`� I -q r. � s • pit '� K a � k a� g: =v�k��.. a' ,.nds TRIPP LITE UPS 1500VA Rackmount 1 TRIPP LITE UPS Smart 1500VA 90OW Rackmount Tower LCD AVR i I Ell R; #d NexLog 740DX NexLog 740DX Hardware Bundle 1 $23,500,00 $23,500.00 $19,678.00 $19,678.00 Hardware NexLog 740DX Base Bundle Hardware Configuration NexLog 740 DX-Series Base System 1 NexLog 740 DX-Series base system: 3U rack-mountable, Core i5 CPU, 16GB DDR4 RAM, 2 x2TB fixed-Mount HDDs (RAID 1), 1 Blu-ray Multi-Drive, 2 Network Ports (100/1000), Embedded Linux, NexLog DX-Series software, web- based configuration manager, audio controls & amplified speaker on front panel, dual hot- swap 120- 240VAC 50/60Hz power supplies. Requires ongoing Eventide DX Software Update Subscription (DXSUS)for access to critical DX-Series Software & Security Updates. Upgrade NexLog 740 DX-Series to 4x4TB 1 HotSwap MegaRAID5=12TB Upgrade NexLog 740 DX- Series (at time of order) to 4x4TB HotSwap MegaRAID5=12TB storage Integrated 7" Color LCD Touch Screen Display 1 for NexLog 740 Integrated 7" Color LCD Touch Screen Display for NexLog 740 DX-Series DVSI 2-Port USB Decoder Unit 1 DVSI 2-Port USB Decoder for NexLogDX (for P25, DMR, MOTOTRBO, NXDN)- Max 8 u i Quor e 4FIOU004799 v1 THF SMART I&R 1.11,10 0All ;�, ` DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8v" ' ''� ", ��R' x9� �' A ' NexLog 740DX NexLog 740DX Channel Bundle 1 $34,060.00 $34,060.00 $28,523.00 $28,523.00 Channel Eventide User Channel Bundle Activation Bundle Provides TDM, VoIP,Rolf Licensing for Playback 24-Channel Analog PCIe(PCI Express)Card, 2 24 Ch.Licenses 24-Channel Analog PCIe (PCI Express) Card, 24 Ch. Licenses Internal IP Recorder w/8 G.711 Channel 1 Licenses Internal IP Recorder w/8 G.711 Channel Licenses Add-on license pack(internal IP recording 8 engine) Add-on license pack (internal IP recording engine)with 8 Channel Licenses for G.711 RTP/RoIP/NG911 Nexlog Nexlog Storage&Power Bundle 1 $2,405.00 $2,405.00 $2,405.00 $2,405.00 Storage& Eventide User Storage & Power Bundle Power Bundle NAS Rackmountable Appliance Based 1 1 U NAS Rackmount Network Attached Storage Appliance (Linux Technology)With 2 2Tb Hard Drives TRIPP LITE UPS 1500VA Rackmount 1 TRIPP LITE UPS Smart 1500VA 90OW Rackmount Tower LCD AVR NexLog 740DX NexLog 740DX Software Bundle 1 $50,580.00 $50,580.00 $42,355.00 $42,355.00 Software Eventide User Software Bundle Bundle and Licensing Integration to Harris VIDA P25 1 SR10A/SR10A1(or later)syste Integration to Harris VIDA P25 SR10A/SR10A1 (or later) system via VNIC Page 7 of 11 1, „'')p t� ✓ 1 nuntp'#H00004799v1 Pi IM, SMAP, PURCHA'ANC solYTION DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8 � : jj x stall is i, � ��,���'� ,".d d 3' •� .:E x r�z 51 ��'3�„�,�^aec v y _ w P25 Encryption Key Management Option 1 (non-OTAR) P25 Encryption Key Management Option (non- OTAR) NexLog Access Bridge License 1 NexLog Access Bridge License (Customer is able to log into multiple base recorders with a single recorder software appearance) MediaWorks Plus Licenses 5 MediaWorks Plus (Web) Concurrent Access for 8 Users Geographic Search/View(Requires Lat/Lon, 1 MW Plus, Geographic Search/View (Requires Lat/Lon, MW Plus, Google Maps) Screen Recording System License w/5 PC 1 Licenses Screen Recording System License w/5 PC Licenses (Note: Due to the potential for increase storage demand we highly recommend upgrading base hard drive sizes to min 2TB) Screen Recording Expansion License For 5 3 PC's Screen Recording Expansion License For 5 PC's Quality Assurance DX Software:FIRST 20 1 Agents(Requires Med Quality Assurance DX Software (Quality Factor): FIRST 20 Agents (Requires MediaWorks Plus/DX) Quality Assurance DX Software:20 Agent 3 ADD-ON license pack Quality Assurance DX Software (Quality Factor): 20 Agent ADD-ON license pack a e,C=3 of 11 ij ( THE Sf.9ARiPfRRCty°fl SING SO[UTf6„a 27 DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8 OX61 C xmk Vfflistzm h t j r,r. NENA ANI/ALI CAD Spill Integration of SMDR 1 NENA ANI/ALI CAD Spill Integration SMDR Enhanced Reporting Package 1 Enhanced Reporting Package Eventide Interface license for VIPER 911 1 IP/SPAN Eventide Interface license for VIPER 911 IP/SPAN Recording �,r� w t� „, rs a w�r� ;� e _ � ` � �is s ¢ s® r' •k NexLog 740DX NexLog 740DX Software Bundle 1 $28,000.00 $28,000.00 $23,448.00 $23,448.00 Software Eventide User Software Bundle Bundle and Licensing Integration to Harris VIDA P25 1 SR10A/SR10A1(or later)syste Integration to Harris VIDA P25 SR10A/SR10A1 (or later) system via VNIC P25 Encryption Key Management Option 1 (non-OTAR) P25 Encryption Key Management Option (non- OTAR) MediaWorks Plus Licenses 3 MediaWorks Plus (Web) Concurrent Access for 8 Users Geographic Search/View(Requires Lat/Lon, 1 MW Plus, Geographic Search/View (Requires Lat/Lon, MW Plus, Google Maps) NENA ANI/ALI CAD Spill Integration of SMDR 1 NENA ANI/ALl CAD Spill Integration SMDR Eventide Interface license for VIPER 911 1 IP/SPAN Eventide Interface license for VIPER 911 IP/SPAN Recording - 3.'a" a.s�.."��.;^`,�:�'r'ela3a.,s`�.;',v=.� _. __ _ ,._ :.. __ _ _. ,..-- C'1 11 "'Bu a THE SMART PURCHASING SULUTl ON DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8 VVII ar ..,k vti ��dna MEN 01 a, .— _ __ .__`" _. _ __ _ . ._ .._._. _ - >✓x'S°v o-ic%` � ,�,. �;��x e.A« '�`,�a� i.,��.,v'..� _ w2 '`3 P_ .. a ffi" �a,s� 4 d s rti' �� 50 At v; 4/ Prof Sery Prof Service Installations Bundle 1 $12,590.00 $12,590.00 $12,590.00 $12,590.00 Install Bundle Recorder Solutions Installation Services Includes Site Installation Guides, Project Management, Pre- Configuration, Onsite Installation, System Integrations, and De-trash Prof Support Support Product and Configuration Bundle 1 $12,256.00 $12,256.00 $12,256.00 $12,256.00 Bundle Support For Recording Solution During Period of OEM Materials Warranty.Includes Software Support, Configration Support, Time and Materials, and all On-Site Maintenance Prof Service Prof Service Training Bundle 1 $4,350.00 $4,350.00 $4,350.00 $4,350.00 Training Professional Services, Training Bundle Programs Designed To Your Solution. Includes Materials, Training Class, and Fallow Up Support $29,196.00 $29,196.00 f Vista Com Customer Discount 1 ($1,785.00) ($1,785.00) ($1,785.00) ($1,785.00) Discount ($1,785.00) ($1,785.00) 4 11 eext»r�'' 8 To, Deck A Hardware $55,430.00 Deck B Hardware $50,606.00 Deck A Software $42,355.00 Deck B Software $23,448.00 Services $29,196.00 Discount ($1,785.00) Total $199,250.00 WX1511110 fi r i ® Page 10 of 11 � A quote#HOU004799 v1 REV 1 �, THE SMART PURCHASING SULUT/O PJ DocuSign Envelope ID:C019C438-6EE3-489A-9929-1508FDB664E8 ' VIAel� ia''' f� �� �� �`�F ..�9 t: .� • :aa is .� y?r , No.of Payments AmounL Net 30 1 None $199,250.00 Taxes,shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Signature Date Rage 11 of 11 Quote#HOU004799 v1 THE SMART PURCHASING SOLUTION AJV 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Police Chief M i kem a(a)cctexas.com (361) 886-2601 Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Finance - Procurement Josh C2(a)cctexas.com (361) 826-3169 Police Training Academy IT Equipment CAPTION: Motion authorizing the purchase of IT equipment from Great South Texas Corp., dba Computer Solutions of San Antonio, in the amount of$116,127.59 through the DIR Cooperative, to complete the Police Training Academy, with FY 2023 funding from 2022 Facility CO Fund. SUMMARY: City Council approved the construction contract which did not include any of the audio-visual equipment for the new police Training Academy. This motion authorizes the purchase of IT equipment in the amount of$116,127.59 from Great South Texas Corp. dba Computer Solutions. This equipment is needed to provide the necessary network for a wide array of devices, Access Control, and other peripherals needing network connectivity. Great South Texas Corp. dba Computer Solutions is a locally officed, woman-owned HUB vendor. Computer Solutions provided a discount of 53% off MSRP which is a savings of $130,972.47. BACKGROUND AND FINDINGS: City Council approved the construction of the Police Training Academy located in Council District 5. The construction contract has been awarded but the contract did not include the purchase or installation of the audio visual equipment. This project includes all IT equipment needed to run the devices located in the Police Training Academy. PROCUREMENT DETAIL: Information Technology in conjunction with the Procurement division of Finance examined other cooperative contracts and service offerings to find the most cost-effective option for the City. Contracts awarded through the Cooperatives have been competitively procured in compliance with Texas State and local procurement requirements. Comparisons between the DIR cooperative, Computer Solutions and retail pricing showed best value pricing at a 53.00% discount from retail using the Computer Solutions quote, a savings of $130,972.47. Network Equipment Pricin Discount MSRP $247,100.06 CDW - DIR $141 ,173.76 42.87% Computer Solutions $116,127.59 53.00% ALTERNATIVES: City Council may choose to not approve or delay consideration of this item. FISCAL IMPACT: The fiscal year 2023 impact is $116,127.59. FUNDING DETAIL: Fund: 2022 Facility CO (Fund 3167) Department: 12 Organization/Activity: 89 Project: Police Training Academy — 21086 Account: Computer Equipment CIP (550730) Activity: 21086-3167-EXP RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of network equipment with Great South Texas Corp dba Computer Solutions and audio-visual equipment from The Personal Computer Store, Inc., dba Avinext as presented. LIST OF SUPPORTING DOCUMENTS: Purchase Agreement Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Police Training Academy IT Equipment DIR-TSO-4167 Corp dba Computer San Antonio, TX Item Description Qty Cost Total 1 Catalyst 9300 48-port of 5Gbps 2 $9,047.75 $18,095.50 2 SNTC-8X5XNBD Catalyst 9300 48 port 6 $910.16 $5,460.96 3 Catalyst 9300 48 port UPOE 3 $7,519.46 $22,558.38 4 SNTC-8X5XNBD Catalyst 9300 48-port UPOE 15 $756.15 $11,342.25 5 11 OOW AC 80+ Power Supply Spart 7 $1,281 .06 $8,967.42 6 50CM Type 1 Stacking Cable 7 $70.79 $495.53 7 Catalyst Stack Power Cable 30 CM spare 7 $74.50 $521 .50 8 Catalyst 9300 8xl OGE Network Module 7 $1,783.05 $12,481.35 9 1 M Type 1 Stacking Cable 2 $141 .20 $282.40 10 Catalyst Stack Power Cable 150 CM Spare 2 $152.53 $305.06 11 l OGBASE-LR SFP Module 2 $1,401 .48 $2,802.96 12 C2G 3m LC-LC 9/125 OS2 Fiber Cable 4 $28.00 $112.00 13 Cisco Catalyst 9300 2 $7,519.46 $15,038.92 14 l OGBASE-LRM SFP Module 2 $796.68 $1,593.36 15 Cisco Catalyst 91 15AX Series 20 $652.30 $13,046.00 16 SNTC-8X5XNBD Cisco Catalyst 9115AX Series 60 $50.40 $3,024.00 Total $116,127.59 Capital Improvement Plan 2023 rhru 2025 City of Corpus Christi, Texas Project# 21086 Project Name Police Academy Type Improvement/Additions Department Police Department Useful Life 40 years Contact Police Chief Category Building Addition Priority 1 Critical-Health&Safety W Status Active Description Project will provide a turn-key,Design-Build,solution for a new 34,000 square foot Police Academy Building constructed on a portion of Del Mar South Property. The new Police Academy Complex will occupy approximately 9-Acres. The project includes an applied instruction building,physical training building,and all necessary supporting infrastructure. Justification The current Police academy building is over 30 years old and has no room for expansion. Current cadet academies are limited to 30 cadets due to lack of space. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 21,066,798 21,066,798 Design 1,124,343 1,124,343 Contingency Capital Equipment 1,715,000 1,715,000 Eng,Admin Reimbursements 125,657 2,085,738 2,211,395 Total 1,250,000 24,667,536 26,117,536 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation(Prior) 5,360,000 5,360,000 Certificates of Obligation(New) 18,507,536 18,507,536 G.O. Bond 2020 1,250,000 1,250,000 General Fund 1,000,000 1,000,000 Total 1,250,000 24,667,536 26,117,536 Budget Impact/Other There is no projected operational impact with this project at this time. Upon completion of this project additional maintenance costs will be budgeted to maintain these improvements. 178 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Police Chief M i kem a(a)cctexas.com (361) 886-2601 Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Finance - Procurement Josh C2(a)cctexas.com (361) 826-3169 Police Training Academy Audio-Visual Equipment CAPTION: Motion authorizing the execution of a purchase agreement for audio and video electronics with The Personal Computer Store, Inc., dba Avinext of College Station, in an amount of $730,295.23 through the TIPS Cooperative, to install the audio-visual equipment required in the new Police Training Academy, with FY 2023 funding from 2022 Facility Certificates of Obligation Fund. SUMMARY: City Council approved the construction contract exclusive of the audio-visual equipment for the new police Training Academy. This motion authorizes $730,295.23 for the purchase of audio and video electronics, programming, installation, and support from The Personal Computer Store, Inc., dba Avinext. Avinext is contracted with the TIPS Purchasing Cooperative Agreement and is providing a discount of 24% from Standard Pricing for total savings of $230,619.55. BACKGROUND AND FINDINGS: City Council approved the construction of the Police Training Academy located in Council District 5. The construction contract has been awarded but the contract did not include the purchase or installation of the audio visual equipment. This project includes cameras, computers, monitors, speakers, installation, programming, and support. This equipment is necessary for the training and instruction of new and current police officers. PROCUREMENT DETAIL: Information Technology in conjunction with the Procurement division of Finance examined other cooperative contracts and service offerings to find the most cost-effective option for the City. Contracts awarded through the Cooperatives have been competitively procured in compliance with Texas State and local procurement requirements. The Avinext TIPS Cooperative Agreement provides best value pricing at a 24% discount from retail. ANEquipment Pricin Discount MSRP $960,914.78 Texas A&M Master Agreement $915,271 .33 4.75% TIPS Cooperative Agreement $901 ,145.88 6.22% Avinext TIPS Pricing $730,295.23 24.00% ALTERNATIVES: City Council may choose to not approve or delay consideration of this item. FISCAL IMPACT: The fiscal year 2023 impact is $730,295.23. FUNDING DETAIL: Fund: 2022 Facility CO (Fund 3167) Department: 12 Organization/Activity: 89 Project: Police Training Academy — 21086 Account: Computer Equipment CIP (550730) Activity: 21086-3167-EXP RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of audio-visual equipment from The Personal Computer Store, Inc., dba Avinext as presented. LIST OF SUPPORTING DOCUMENTS: Purchase Agreement Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Police Training Academy Audio-Visual Equipment TIPS Contract 210101 The Personal Computer Store, Inc., dba Avinext College Station, TX Item Description Qty Cost Price 1 Laobr for Installation 1 $194,450.00 $194,450.00 2 Parts for Installation 1 $457,595.23 $457,595.23 3 3 Year On-Site Warranty 1 $78,250.00 $78,250.00 Total 1 $730,295.23 mUs c,� G� A CO-OPERATIVE PURCHASE AGREEMENT NO. 4879 U Police Training Academy Network & Audio-Visual fhaaaoRp 1852 Equipment THIS Police Training Academy Network & Audio-Visual Equipment Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and The Personal Computer Store, Inc., dba Avinext ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). 1. Co-operative Agreement. Contractor has agreed to provide Police Training Academy Network & Audio-Visual Equipment in accordance with its agreement with TIPS Contract 210101 (the "Co-operative Agreement"), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co-operative Agreement, this Agreement shall govern to the extent allowed by the Co-operative Agreement. 2. Scope. Contractor will provide Policy Training Academy Network & Audio-Visual Equipment in accordance with the attached Statement of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 3. Term. The Term of this Agreement is three years beginning on the date provided in the Notice to Proceed from the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 4. Compensation and Payment. This Agreement is for an amount not to exceed $730,295.23, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Invoices must be mailed to the following address: Co-operative Purchase Agreement Standard Form Page 1 of 3 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 5. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gabriel Puente IT Support Manager 1201 Leopard St., Corpus Christi, TX Phone: 361-826-3736 Fax: 361-826-4342 IF TO CONTRACTOR: The Personal Computer Store, Inc., dba Avinext Attn: Jonathan Reed Sales Representative 1400 University Drive, East, College Station, TX 77840 Phone: 979-846-9727 Fax: 979-268-1017 6. Entire Agreement. This Agreement, along with the Co-operative Agreement, constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] Co-operative Purchase Agreement Standard Form Page 2 of 3 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Incorporated by Reference Only: Co-operative Agreement: TIPS Contract 210101 Co-operative Purchase Agreement Standard Form Page 3 of 3 Attachment A: Scope of Work A. WEIGHT / EXERCISE A101 1 . VIDEO SYSTEM The main displays in this room will be three wall mounted 55" displays. These displays will all show the same content which will be selectable from a wall mounted touch panel within the room. The source for the displays will be an owner provided cable tuner that is located in the AV rack room Al 20. 2. AUDIO SYSTEM a. The users of this space will be able to connect a portable device to a blue tooth wall plate within the room that has a connection range of about 30'. The audio from the selected cable tuner may also be selected from the in room-touch panel as well as controlling the volume. The main speakers in the room will be three full-range point source speakers. b. The equipment to support this space will be installed into a rack located in A120 DEFENSE TACTICS. B. VIDEO SYSTEM A106 1 . A single 85" display will be wall mounted and used to show defense tactics videos for users of the space. An HDMI input plate will be provided next to the display for a device to plug into the system to show these videos. In addition to this video source an owner furnished cable tuner will also be available as a source to the display. 2. AUDIO SYSTEM a. Users will be able to select between the HDMI source and cable tuner for the audio source in the space. Two wireless microphones will also be provided for this space, one will be a hand-held microphone, the other is a head-worn "fitness" style microphone and body pack. Re-chargeable batteries and charging dock are included with the microphones. The main speakers in the room will be three full-range point source speakers. b. The equipment to support this space will be installed into a rack located in Al 20. C. BREAK ROOM (B1 16) AND OFFICES (B1 18 / Bl 19) 1 . VIDEO SYSTEM a. The break room will have a 65" wall mounted display that will show an owner furnished cable tuner located at this display. Control of the display and tuner will be from the included remote controls, and the audio will come from the display's speakers. No other audio or video sources will be available at this location. Page 1 of 4 b. Each office will have a 43" wall mounted display that will show an owner furnished cable tuner located at this display. Control of the display and tuner will be from the included remote controls, and the audio will come from the display's speakers. No other audio or video sources will be available at this location. D. CONFERENCE ROOM 13128 1 . This space is used to give local presentations or connect to a web conference and provide viewing of participants sitting at the conference table or presenting from the front of the room. 2. VIDEO SYSTEM a. The main display in the room will be a 75" wall mounted display. The system will be capable of presenting from two sources, an HDMI provided at the table and an HDMI for an owner furnished PC in the rack. At each location a USB connection will be provided and the PC or the table laptop will be able to host a web conference and use the audio/video peripherals in the room. b. Two PTZ cameras will be installed. One will capture the participants at the conference table looking back from the display, the second will be facing the display for someone standing up giving a presentation. Both of these cameras will be selectable for a web conference. 3. AUDIO SYSTEM A ceiling mounted beam forming mic array will be installed to capture the participants speaking during a web conference, and ceiling speakers are provided for hearing the far end participants. 4. CONTROL A touch panel will be installed on the conference table to give the users the ability to control the PTZ cameras, select audio and video sources, mute, and turn the room on/off. 5. FURNITURE A small rack will be placed in the mill work inside this room for the equipment that supports this room. E. CLASSROOM B205 1 . This room is a multipurpose 2-way divisible space capable of giving presentations and hosting web conferences in either a split or combined mode. 2. VIDEO SYSTEM Page 2 of 4 a. The main display in the room will be six 85"wall mounted flat panels. These displays can receive a PC or laptop feed from the provided lecterns. b. Four PTZ cameras will be installed in the space to capture the person at the lectern or the participants sitting at the tables. 3. AUDIO SYSTEM Ceiling mounted beam forming mic arrays will be installed to capture the participants speaking during a web conference, and ceiling speakers are provided for hearing the far end participants. Four wireless microphones will also be provided for this space, two will be hand-held microphones, the other two are lapel body packs. Re-chargeable batteries and charging dock are included with the mics. 4. CONTROL A touch panel will be installed on the lectern to give the users the ability to control the PTZ cameras, select audio and video sources, mute, and turn the room on/off. 5. FURNITURE Two presents enter to stand and present their content to the room. Cabling will be provided to three floor box locations so that each can be connected if the room is split, or if combined as one room a lectern can be placed in the center. F. AUDITORIUM B211 1 . This space is used to give presentations from a front lectern and host a web conference. 2. VIDEO SYSTEM The main display in the room will be a large 130" diagonal Direct View LED video wall. Supporting this Video wall will be four additional 85" display mounted around the room. These displays can receive a PC or laptop feed from the provided lectern. Two PTZ cameras will be installed in the space to capture the person at the lectern or the participants sitting at the tables. 3. AUDIO SYSTEM Ceiling mounted beam forming mic arrays will be installed to capture the participants speaking during a web conference, and ceiling speakers are provided for hearing the far end participants. Four wireless microphones will also be provided for this space, two will be handheld microphones, the other two are lapel body packs. Re-chargeable batteries and charging dock are included with the mics. Page 3 of 4 4. CONTROL A touch panel will be installed on the lectern to give the users the ability to control the PTZ cameras, select audio and video sources, mute, and turn the room on/off. 5. FURNITURE One presentation lectern will be provided that allow the presenters to stand and present their content to the room. Page 4 of 4 Attachment B: Bid/Pricing Schedule vinext A 614 - Quotation AV SAVVY. NETWORK SMART. 199542 05/31/22 The Personal Computer Store,Inc. ' AM 1400 University Drive East-College Station,TX 77840 Jonathan Reed Phone 979-846-9727 Fax 979-268-1017 www.Avinext.com 979-595-2798 Ext. reed@avinext.com For � Phones Gabriel Puente (361) 826-3736 City of Corpus Christi 1201 Leopard Street P Terms Via Corpus Christi, TX 78401 ' Date ' United States Will Call STD Net 30 days 5/31/2022 Part Description Qty Price Ext. Price 1 COMTIPS7 TIPS Contract 210101 Technology Solutions, Products and 1 $0.00 $0.00 Services 2 Project<Corpus Christi Police Training Center>. 3 Labor for Installation 1 $194,450.00 $194,450.00 4 SER100014 (350)Avinext Project Manager 350 5 SER10008 (432)Avinext Lead A/V Technician 432 6 SER100080 (260)Avinext Lead A/V Programmer 260 7 SER500860 (180)Avinext AV Managed Services-Gold 180 8 SER10016 Avinext Travel Expenses 1 9 REN10021 (4)26' Scissor Lift 4 10 Parts for Installation 1 $457,595.23 $457,595.23 11 SERMISC Miscellaneous Parts 1 12 HDWMOUNT Mounting Hardware 1 13 HDWRACKLG (2) Miscellaneous Rack Hardware- Large 2 14 HDWRACKMED (2) Miscellaneous Rack Hardware- Medium 2 15 HDWRACKSM Miscellaneous Rack Hardware-Small 1 16 CD-MX915H (4) LWC CD-MX915H HOOD PLASTIC FOR MAXBLOX 4 DSUB 17 CD-MX9F (4) LWC CD-MX9F DSUB JACK DB9F-PHX IN-LINE 4 18 LTM1 U (7) Chief LTM1 U Micro-Adjust Tilt Wall Mount Large 7 19 PAC 116 (18) Chief PAC116 STEEL STUD/DRYWALL ANCHOR KIT 18 -8PC 20 PACPC1 (18) Chief PACPC1 POWER CONDITIONER ACCESSORY 18 21 PNRUB (4) Chief PNRUB LFP FOUR ARM DUAL UNIVERSAL 4 22 TIL1X31F (3) SAMSUNG IFH LED 3 X 1 MOUNT LARGE FP 3 MOUNTS 23 TILSC2HIFH 1 05/31/22 10:07:25 Page 1 / 4 1 of 4 Avinext Quote# 199542 Part Description Qty Price Ext. Price Chief TILSC2HIFH TiLED SAMSUNG IFH/IER SIDE COVER 2 HIGH 24 XTM1 U (7) Chief XTM1 U Micro-Adjust Tilt Wall Mount X-Large 7 25 AM-3200 Crestron AM-3200 AirMedia@ Series 3 Receiver 200 1 26 DM-TX-4KZ-100-C-1G Crestron DM-TX-4KZ-100-C-1G-W-T DigitalMedia 8G+@ 1 -W-T 4K60 4AA HDR Wall Plate Transmitter, White 27 AMP-X300 (6) Crestron AMP-X300 X-Series Amplifier g 28 CBL-HD-6 (11) Crestron CBL-HD-6 Crestron@ Certified HDMIO 11 Interface Cable, 18 Gbps, 6 ft(1.8 m) 29 CP4N (5) Crestron CP4N 4-SeriesTM Control System 5 30 DMF-CI-8 (3) Crestron DMF-CI-8 DigitalMedia TM Card Chassis for 3 DM-NVX-C &DMCF, 8 Slots 31 DM-NVX-360 (21) Crestron DM-NVX-360 DM NVX@ 4K60 4AA HDR 21 Network AV Encoder/Decoder 32 DM-NVX-360C (8) Crestron DM-NVX-360C DM NVX@ 4K60 4AA HDR 8 Network AV Encoder/Decoder Card 33 DM-NVX-E760C Crestron DM-NVX-E760C DM NVX@ 4K60 4AA HDR 1 Network AV Encoder Card with DMO Input 34 GLS-PART-CN Crestron GLS-PART-CN Cresnet@ Partition Sensor 1 35 TS-1070-B-S (4) Crestron TS-1070-B-S 10.1 in. Tabletop Touch Screen, 4 Black Smooth 36 TSW-1070-B-S (2) Crestron TSW-1070-B-S 10.1 in. Wall Mount Touch 2 Screen, Black Smooth 37 EVC-1122-VIW (3) Electro-Voice F.01U.329.290 12"speaker, vari-intense 3 indoor, designed to efficiently and evenly cover rectangular coverage areas with both music and speech, white. Note- ships without rigging hardware 38 EVC-UB3-WHT (3) Electro-Voice F.01 U.346.744 U-bracket for 3 EVC-1122/VI, white 39 EVID-PC8.2 (34) Electro-Voice F.01U.306.456 Ultra high performance 8" 34 two way ceiling mount loudspeaker system with concentric compression driver(sold and priced per pair) 40 TK-150 (3) Electro-Voice F.01U.132.318 TK-150, KIT, 3 ACCESSORY, 70V TRANSFORMER, 150W, EVC, EVF, AND EVH 41 26-663-15 (2) Extron 26-663-15 4K Premium High Speed HDMI 2 Ultra-Flexible Cable- 15' (4.5 m) 42 PC (4) Generic:PC 4 43 JL677A#ABA (4)ARUBA 6100 24G CL4 4SFP+ SWCH PL-WB 4 44 100036 (82) LWC 100036 EZ-RJ45 BOOT CAT6 CLEAR 82 45 11108080034 (82) LWC 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 82 46 112627 (6) LWC 112627 BNC PLUG RG8 PLN CRIMP 3-PC 6 47 12-2C-P-BLK (1200) LWC 12-2C-P-BLK COMMERCIAL 12/2 CL3P 1200 BLACK 48 16-2C-P-BLK (1150) LWC 16-2C-P-BLK COMMERCIAL 16/2 CMP BLACK 1150 49 22-1P-CMP-EZ-BLK (40) LWC 22-1P-CMP-EZ-BLK QWIKSTRIP 22/1P AUDIO 40 CMP BLK 50 24-4P-P-L6-EN-BLK (4850) LWC 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP 4850 CMP BLACK 51 24-4P-P-L6SH-BLK (150) LWC 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP 150 BLACK 52 RG8-CMP-BLK 200 05/31/22 10:07:25 Page 2 / 4 2 of 4 Avinext Quote# 199542 Part Description Qty Price Ext. Price (200) LWC RG8-CMP-BLK RG8 DUAL SHIELD CMP BLACK 53 RJ45-STP-L6 (2) LWC RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL KIT 2 54 BGR-4532 (3) Middle Atlantic BGR-4532 45SP/32D MULTIBAY BGR 3 RK 55 BGR-552FT-FC (3) Middle Atlantic BGR-552FT-FC BGR 552CFM FAN TOP 3 W/FC 56 BGR-RR45 (3) Middle Atlantic BGR-RR45 45SP,BGR ADDL RAI L,PAIR 3 57 BSPN-45-32 (3) Middle Atlantic BSPN-45-32 45SP 32DP BGR SIDE 3 PANELS 58 CBS-BGR (3) Middle Atlantic CBS-BGR BGR CASTER KIT 3 W/HDWARE 59 CFR-12-18 Middle Atlantic CFR-12-18 12SP,CABINET FRAME RK,18D 1 60 L5-FLFRKT-33 TXAM (3) Middle Atlantic L5-FLFRKT-33 TXAM L5 LECTERN 33 3 Custom Texas A&M HSCThermolaminate Finish- Maple 61 PD-915RV-RN Middle Atlantic PD-915RV-RN 9 VERT OUTLET 15A 1 RCKMT 62 RLNK-1615V (6) Middle Atlantic RLNK-1615V 15A,16 OUT,IP CTRL VPS 6 63 U2V Middle Atlantic U2V 2SP VENTED UTILITY SHELF 1 64 UPS-OL3000R (3) Middle Atlantic UPS-OL3000R OL UPS 3 3000VA,120V,60 HZ 65 VFD-45A (3) Middle Atlantic VFD-45A 45SP,CURVED VENTED FR 3 DR 66 M77840-RHCB-RJ (3) LWC AV Service Rack Blank 3 67 SLQUD-110-P (4) QSC SLQUD-110-P Q-SYS Core 110 UCI Deployment 4 Software License, Perpetual. 68 CORE 110f (4) QSC CORE 110f Unified Core with 24 local audio 1/0 4 channels, 128x128 total network 1/0 channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, POTS and VoIP telephony, 16x16 GPIO, 16 next-generation AEC processors, 1 RU. 69 CX-Q 4K4 (2) QSC CX-Q 4K4 4-Channel 1000W/CH Q-SYS Network 2 Amplifier, Lo-Z, 70V, 100V direct drive, FlexAmpTM, Mic/line Inputs, 100-240V. 70 1/0-USB BRIDGE (2) QSC : 1/0-USB Bridge 2 71 NC-12x80 (8) QSC NC-12x80 12x Optical Zoom 80° Horizontal Field 8 of View, PTZ Network Camera, PoE, with HDMI and SDI output. Includes PTZ-WMB1 wall mount bracket 72 unD61O-BT QSC unD61O-BT 4x2 Channel 2 Gang US, Dante/AES67 1 Wall Plate w/Bluetooth, RCA, 3.5 mm 1/0, PoE(white and black faceplates included). 73 F-IE015RM130 IER- 130 WITH 1.5MM FHD 3X3 1 74 QM75R 75" Commercial-Grade UHD Display 1 75 QB43R (2) Samsung 43-inch Commercial 4K UHD LED LCD 2 Display, 350. Pixel Pitch 0.2451 x 0.2451 (mm). Viewing Angle 178/178. Display Resolution 3,840 x 2,160.Brightness 350 nits. Response Time 8ms. Contrast Ratio 76 QB85R (11) Samsung QB85R Edge Lit 4K 11 77 QM55R (3) 55'3840x2160 4K LED 500nit WiFi Tizen 4.0 WiFi 3 Bluetooth 24/7 78 QM65R Samsung QM65R Edge Lit 4K 1 05/31/22 10:07:25 Page 3 / 4 3 of 4 Avinext Quote# 199542 Part Description Qty Price Ext. Price 79 MXA910W-A (7) Shure MXA910W-A Ceiling Array Microphone 7 80 SB900B (14) Shure SB900B RECHARGEABLE BATTERY 14 81 SBC220 (5) Shure SBC220 2 Bay Networked Docking Station 5 82 SM31 FH-TQG Shure SM31 FH-TQG SM31 FH Fitness Headset Condenser 1 Microphone 83 ULXD1=-H50 (5) Shure ULXD1=-H50 Digital Wireless Bodypack 5 Transmitter with Miniature 4-Pin Connector 84 ULXD2/B58 (5) Shure ULXD2/B58 Handheld Transmitter with 5 BETA58A® Microphone 85 ULXD4D=-H50 Shure ULXD4D=-H50 Dual Digital Wireless Receiver with 1 internal power supply, 1/2 Wave Antenna and Rack Mounting Hardware 86 ULXD4Q=-H50 (2) Shure ULXD4Q=-H50 Quad Digital Wireless Receiver 2 with internal power supply, 1/2 Wave Antenna and Rack Mounting Hardware 87 102026A WolfVision 102026A Visualizer VZ-8.UHD-Version A 1 (HDMI) 88 SHP10010 Freight 1 89 3 Year On-Site Warranty 1 $78,250.00 $78,250.00 SubTotal $730,295.23 Sales Tax $0.00 Shipping $0.00 Total $730,295.23 QUOTES ARE VALID FOR 30 DAYS FROM THE DATE SHOWN ABOVE. PRICES SUBJECT TO CHANGE- PRICES BASED UPON TOTAL PURCHASE-ALL SERVICES TO BE BILLED AT PUBLISHED RATES 05/31/22 10:07:25 Page 4 / 4 4 of 4 Capital Improvement Plan 2023 rhru 2025 City of Corpus Christi, Texas Project# 21086 Project Name Police Academy Type Improvement/Additions Department Police Department Useful Life 40 years Contact Police Chief Category Building Addition Priority 1 Critical-Health&Safety W Status Active Description Project will provide a turn-key,Design-Build,solution for a new 34,000 square foot Police Academy Building constructed on a portion of Del Mar South Property. The new Police Academy Complex will occupy approximately 9-Acres. The project includes an applied instruction building,physical training building,and all necessary supporting infrastructure. Justification The current Police academy building is over 30 years old and has no room for expansion. Current cadet academies are limited to 30 cadets due to lack of space. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 21,066,798 21,066,798 Design 1,124,343 1,124,343 Contingency Capital Equipment 1,715,000 1,715,000 Eng,Admin Reimbursements 125,657 2,085,738 2,211,395 Total 1,250,000 24,667,536 26,117,536 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation(Prior) 5,360,000 5,360,000 Certificates of Obligation(New) 18,507,536 18,507,536 G.O. Bond 2020 1,250,000 1,250,000 General Fund 1,000,000 1,000,000 Total 1,250,000 24,667,536 26,117,536 Budget Impact/Other There is no projected operational impact with this project at this time. Upon completion of this project additional maintenance costs will be budgeted to maintain these improvements. 178 �vs cr� �o o H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of June 27, 2023 DATE: June 13, 2023 TO: Peter Zanoni, City Manager FROM: Drew Molly, P.E. Director Water Systems and Support Services DrewM(a)cctexas.com (361) 826-1853 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Strategic Communication Support for Corpus Christi Water CAPTION: Motion authorizing execution of one-year service agreement with Wixted, Inc. of West Des Moines, Iowa, in an amount not to exceed $118,000.00 for strategic communication support for Corpus Christi Water, with FY 2023 funding of $49,167.00 from the Water Fund. SUMMARY This motion authorizes a one-year service agreement for strategic communications for Corpus Christi Water. Strategic Communications is needed to assist Corpus Christi Water to provide strategies for a variety of topics, such as: wastewater, alternative water supplies, and water restrictions and drought. BACKGROUND AND FINDINGS: Corpus Christi Water began utilizing Wixted, Inc. in 2021 on an ad-hoc basis to help with messaging and public communication. The firm offers strategic support and has been invaluable to CCW in its communications efforts. Furthermore, this organization has experience in consulting for public utilities and industries that are complex in nature. Their expertise and background on CCW projects make them an ideal partner for future communication strategies. PROCUREMENT DETAIL: The Procurement division of Finance issued a Request for Bid on January 30, 2023. On February 28, 2023, the City received one bid. City staff analyzed the bid, and determined the bid was in line with previous ad-hoc expenditures for similar services. CCW has previously worked with Wixted, Inc. and was happy with the work performed. Staff recommends awarding the one-year service agreement for Strategic Communications Support to Wixted, Inc. ALTERNATIVES: An alternative is to not enter into a service agreement, which would require separate procurements on an as needed basis. FISCAL IMPACT: The fiscal impact for FY 2023 is $49,167.00. FUNDING DETAIL: Fund: 4010 Water Organization/Activity: 30008 PR & Communications Department: 45 Water Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this service agreement with Wixted, Inc. for strategic communication support for Corpus Christi Water as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Procurement Department RFB#4582 Senior Buyer:Cynthia Perez Strategic Communication Support for Corpus Christi Water Wixted,Inc. Des Moines,Iowa ITEM Description Unit QTY Unit Price Total Price 1 Labor Hours 480 $ 225.00 $ 108,000.00 2 Training/Travel Allowances Trips 2 $ 5,000.00 $ 10,000.00 TOTAL $ 118,000.00 ,mus G� 0 _ SERVICE AGREEMENT NO. 4582 v Strategic Communication Support for Corpus Christi Water qac tk THIS Strategic Communication Support for Corpus Christi Water Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Wixted Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Strategic Communication Support for Corpus Christi Water in response to Request for Bid/Proposal No. 4582 ("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 Strategic Communication Support for Corpus Christi Water ("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. (A) This Agreement is for one year. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Periods)"), provided, the parties do so in writing prior to the expiration of the original term or the then-currenf Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $118,000.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form June 2, 2021 subject to receipt of an acceptable invoice, All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Amanda Howard Department: Corpus Christi Water Phone: (361) 826-1894 Email: AmandaC@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. Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form June 2, 2021 G. 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. 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 301h 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 Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form June 2, 2021 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. 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: Amanda Howard Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1894 Fox: (361) 826-4495 IF TO CONTRACTOR: Wixted, Inc. Attn: Jake Brus Title: Vice - President & Managing Director Address: 4401 Westown Parkway, Suite 116, West Des Moines, Iowa 50266 Phone: (515) 226-0818 Fax: N/A Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form June 2, 2021 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS` FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City 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. Service Agreement Standard Form Page 5 of 8 Approved as fo Legal Form June 2, 2021 20. Limitafion of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority. A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page b of 8 Approved as to Legal Form June 2, 2021 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page T of 8 Approved as to Legal Form June 2, 2021 CONTRACTOR Signature: ftAL Printed Name: Title: yirtuh(► Dirt Gw Date: 1-24 3_ CITY OF CORPUS CHRISTI Josh Chronley 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. 4582 Exhibit 2: Contractor's Bid/Proposal Response Sorvice Agreement Standard Form Page 8 of 8 Approved as to Legal Form June 2, 2021 Attachment A - Scope of Work 1.1 Scope of Work Corpus Christi Water is seeking a professional consulting organization to provide General communications support and strategies for a variety of topics including. but not limited to: 1. Water 2. Wastewater 3. Alternative Water Supplies 4. Seawater Desalination 5, Water Conservation 6. Water Restrictions and Drought 7. Xeriscape 1.2 Consultation Support The Consultant will provide additional strategic communications support, strategy and deliverables as necessary. This may include, but will not be limited to: A. Attendance at meetings and detailed note capture can be virtual, in-person or with large groups; B. Conference Calls-includes status call with key members of the City's team to facilitate the process to ensure communication needs are met; and, C. Additional materials, as appropriate, which may include: • PowerPoint Presentations • News Releases • Summits, Conferences, Symposiums and Townhalls • Media Kits • Placed Articles/Op-eds • Project Fact Sheets/Brochures • Blog Posts • Newsletter Content • Social Media Updates • Special Events Revised 11.30.20 1.3 Training A. Virtual, In-Person or with a Large Group B. Training Ad Prep C. Communications Training -- content, timing and participants to be determined by City's team with the vendor. Revised 11.30.20 Attachment B - Bid/Pricing Schedule CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT • BID FORM RFB No. 4582 1850 Strategic Communication Support for Corpus Christi Water Date. -0112-2)12.0 PAGE 1 OF 1 Authorized Bidder: Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. [quote your best price for each Item. 3. In submitting this bid, Bidder certifies that; a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true, c. Bidder is current with a!I taxes due and company is in good standing with all applicable governmental agencies. d, Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not.write over or revise the bid form. Bidders will be considered Non- Responsive If the bid form Is modified. Invitation to quote, FOB Destination, Freight Included, on the following; k1`Zc' i'shr 4M.WR ti R H�,;s . 1 `.�� X� > F g 1} �ia � � �5 - -.�.�F',.'���#. y ©LSCC[ t O11's4 r,� �Y y Fit �, g °ii"I,It�>f� 1 �s , 101k,145,' a �, r c3 i�,To 113r[o � 121. .�sKF, ti ,r- Labor Hours 4$4 $2„' 5.00 $(*iC0040 Training/Travel Allowances 'gips 2 $16.1000.co $to,Doc)-DD �er� �'��.:cS�dS}{1Y�3.-i�;+��`•��,�,3,���`sk t� y�� �`y *i4{# '{a y}w�rr� � s'� ''i` r if d�3YM-: �. �ti 4"(,`ms's a $ fir. $ r� r+a`�°,� '"T'pY �� °'�'�s,E '��,t EXHIBIT 3-F NO INSURANCE REQUIREMENTS The City's Legal Department has recommended there be no insurance requirements for this particular scope of work, Trainers, Instructors, Interpreters, Prosecutors and Planning Consultants. 2021 insurance Requirements Ins. Req. Exhibit 3-F Professional Services -Trainers, Instructors, Interpreters,.Prosecutors and Planning Consultants 05/10/2021 Risk Management—Legal Dept. s c� �t 0 V NCORPO0.P1'0 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Michael Murphy, Chief Operations Officer for Corpus Christi Water m ichaelm ur(a)cctexas.com (361) 826-3556 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2(cDcctexas.com (361) 826-3169 Service Agreement for Water Conservation Education CAPTION: Resolution authorizing a one-year service agreement with the Nueces River Authority of Uvalde, Texas, for an amount not to exceed $61,125.23 to provide water conservation education to approximately 4,021 students in local school districts, with FY 2023 funding of $6,261.16 from the Water Fund. SUMMARY: This item is to approve a one-year service agreement with zero options to provide water conservation education for approximately 4,021 5t" grade students in six local school districts within the City of Corpus Christi. BACKGROUND AND FINDINGS: The proposed education and outreach efforts will focus on 5t" grade students, reaching approximately 4,021 students in six local districts. These districts include Corpus Christi ISD (2,745 students); London ISD (120 students); Tuloso-Midway ISD (291 students); Calallen ISD (294 students); West Oso ISD (175 students); and Flour Bluff ISD (396 students) respectively. Nueces River Authority's Water Conservation Education Program is an existing program implemented in 2004 with an active presence in the area. Previous presentations were conducted at CCISD and London ISD, but this will allow the NRA to reach all six local districts. The Program has been extremely successful and reaches thousands of students each year. NRA's teaching staff will utilize NRA's aquifer model, seven-foot-long scaled relief model of the Oso Creek Watershed, and award-winning science curriculum to demonstrate water conservation, watershed function, non-point source pollution, and the relationship between creeks, aquifers, and the bay. NRA teaching staff will deliver a slide show presentation to introduce the subject matter, to discuss the importance of water conservation and then gather the students around the models for an interactive demonstration. Following the demonstration, NRA's staff will ask students to commit to at least three ways they can conserve water each day. NRA's educators will provide follow- up coursework for students to test their subject matter retention. The curriculum reinforces 5t" grade Texas Essential Knowledge and Skills (TEKS) and cultivates students' understanding of our water resources, including watersheds and river basins. This interactive, 90-minute, hands-on lesson helps students see where theirwater comes from and where it goes. The annual program report will include pledges, select artwork, program evaluations and the total number of students and schools reached. All source materials will reflect sponsorship by Corpus Christi Water. Nueces River Authority is the only entity offering this Water Conservation Education curriculum. PROCUREMENT DETAIL: In accordance with Local Government Code, Section 252.022(a)(2), this purchase is necessary to preserve or protect the public health or safety of the City's residents. ALTERNATIVES: An alternative would be to not contract this program. Another alternative would be for our staff to develop a program which would include staff to teach water conservation at Corpus Christi independent school districts. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 2023 is $6,261 .16. FUNDING DETAIL: Fund: 4010 Water Fund Organization/Activity: 30020 Water Resources Department: 45 Water Project # (CIP Only): N/A Account: 530500 Printing Advertising & PR RECOMMENDATION: Staff recommend approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Resolution Resolution authorizing a one-year service agreement with the Nueces River Authority of Uvalde, Texas, for an amount not to exceed $61,125.23 to provide water conservation education to approximately 4,021 students in local school districts, with FY 2023 funding of $6,261.16 from the Water Fund. WHEREAS, State law generally requires that procurements are subject to statutory requirements, including competitive bids, unless an exception applies; and WHEREAS, there is a statutory exception forthis procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City's residents. 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 his designee, is authorized to execute a service agreement for an amount not to exceed $61,125.23 with the Nueces River Authority to provide water conservation education to approximately 4,021 students in local school districts, with FY 2023 funding from the Water Fund. PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor ,muS c. �o o� � SERVICE AGREEMENT NO. 4750 U Water Conservation Education hCORPORnE° 1852 THIS Water Conservation Education Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Nueces River Authority ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Water Conservation Education in response to Request for Bid/Proposal No. 4750 ("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 Water Conservation Educations ("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. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $61,125.23, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche-Garza Department: CCW Phone: (361) 826-1827 Email: DianaZ@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 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 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. 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. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 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: Diana Zertuche- Garza Title: Contract/Funds Administrator Address: 13101 Leopard Street, Corpus Christi, Texas 78410 Phone: (361) 826-1827 Fax: (361) 826-4495 IF TO CONTRACTOR: Nueces River Authority Attn: Robin Murray Title: Chief Financial Officer Address: 539 S. Hwy. 83, Uvalde, Texas 78801-5332 Phone: (830) 278-6810 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF 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. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: tuvt Printed Name: o6'vA Title: C F Q Date: - a CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - 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. 4750 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 Attachment A- Scope of Work Water Conservation Education Proposal Scope of Work for Water Conservation Education to 5th Grade Public School Students in the City of Corpus Christi for the 2023-2024 School Year From Nueces River Authority 539 S Hwy 83 Uvalde, TX 78801-5332 March 27,2023 The Nueces River Authority works to strengthen the appreciation of water resources in the Nueces Basin and neighboring Oso Creek and Baffin Bay Watersheds and the symbiotic relationship between land and water. Our classroom education program uses a watershed model and other hands-on activities to show students how pollutants enter and contaminate rivers, bays, and aquifers and how everyone can help protect and conserve water resources. We recently developed a plastic relief model,the Oso Creels Watershed, for use in the Corpus Christi area schools. In addition to the educational programming, we share our Up2U litter prevention campaign with students to promote personal responsibility for clean rivers. NRA's education program is a recognized winner, receiving the National Wetlands Award in 2004 and the Texas Environmental Excellence Award in 2008. PROJECT AREA. The proposed education and outreach efforts will focus on 511 grade classes in Corpus Christi public schools, reaching a total of approximately 4021 students to include 202 5th grade classes. NRA provided education outreach to CCISD and London ISD in 2022. However,there are four other districts within the city that were unable to participate in this program due to limited funding. The proposed outreach program would include all six districts and add two additional educators. • Corpus Christi ISD (2,745 students) • London ISD (120 students) • Tuloso-Midway ISD (291 students) • Calallen ISD (294 students) • West Oso ISD (175 students) • Flour Bluff ISD (396 students) METHODS. NRA staff will schedule all classroom presentations with each participating campus. Once scheduled,NRA's certified educators will provide a pre-presentation packet to teachers. On the scheduled day,NRA teaching staff will utilize Nueces River Authority's aquifer model, seven ft- long scaled relief model of the Oso Creek Watershed, and award-winning science curriculum (exhibited in Attachment A)to demonstrate water conservation,watershed function, non-point source pollution, and the relationship between creeks, aquifers, and the bay.NRA teaching staff will deliver a slideshow presentation to introduce the subject matter,to discuss the importance of water conservation and then gather students around the models for an interactive demonstration. Following the demonstration,NRA's certified educators will ask students to commit to at least three ways they can conserve water each day and sign a litter prevention pledge. Each student will receive an Up2U litter bag.NRA's certified educators will provide follow-up coursework for students to test their subject matter retention. All resource material will reflect sponsorship by the City of Corpus Christi Water. The curriculum reinforces 5th grade Texas Essential Knowledge and Skills and cultivates students' understanding of our water resources, including watersheds and river basins. This interactive, 90-minute, hands-on lesson helps students see where their water comes from and where it goes. Participants can identify where they live on the model and see how their activities impact the health of the water resources in the whole watershed and beyond. Students are also encouraged to become personally responsible for keeping our water clean through our Up2U water conservation and litter prevention campaign. i r v r �i , r1} ® Iv f �, k 4 Students at Club Estates Elementary School gathered around the Oso Creek Watershed Model. Corpus Christi Watershed Education 2022 4/12/23 Page 2 of r w t2U� w 2V I t Students at Blanche Moore Elementary are showing off their Up2 U bags. OUTCOMES/FOLLOW UP COURSEWORK All students reached will be asked to commit to three ways they will conserve water and sign an Up2U pledge to signify their commitment to addressing litter on our rivers, creeks,bays, and beaches. In addition, students are asked to illustrate their understanding of their watershed and their role in its protection. We will also provide follow up activities (crosswords/word searches) that reinforces the subject matter and pertinent vocabulary. The annual program report will include pledges, select artwork,program evaluations and the total number of students and schools reached. Corpus Christi Watershed Education 2022 4/12/23 Page 3 Attachment B - Budget/Pricing Schedule PROJECT BUDGET BY ISD: CCISD 5th Grade School Watershed Education BUDGET CATEGORIES= BUDGET a. Personnel/Salary ._� � $ -- 26,254.00 b. Fringe Benefits ; 4,308.18 --—-------- ------- — -- --- ---- - -- ----------- c-Travel ; 6,490.00 d.Supplies ; 686.14 e.Equipment ; - f. Contractual $ - g. Construction $ - h. Other L Total Direct Costs(sum of a thin h) �_— _ __- —_�-- $ _v—37,738.32 j. Indirect Costs —�- $- 3,773.83 k. Total(sun of 1&j)— --- - ---� ; 41,512.16 Total Stttdentts Reached 2,745 Est,Gust/Stttdent $ 15.13 London ISD 5th Grade School Watershed Education BUDGET CATEGORIES: BUDGET a. Personnel/Salary $ 1,194.00 b. Fringe Benefits $ 197.01 c.Travel $ 300.00 d.Supplies $ 30.00 e.Equipment $ - f. Contractual $ g. Construction $ h. Other $ I. Total Direct Costs(sum of a thru h) $ 1,721.01 j. Indirect Costs $ 172.10 k. Total(sum of I&j) $ 1,893.11r Total Students Reached 120 Est.Cost/Student $ 15.78 Corpus Christi Watershed Education 2022 4/12/23 Page 4 Tuloso-Midway ISD Sth Grade School Watershed Education BUDGET CATEGORIES: BUDGET a. Personnel/Salary $ 2,895.45 b. Fringe Benefits $ 477.75 c.Travel $ 525.00 d.Supplies $ 72.75 e.Equipment $ - f. Contractual $ g. Construction $ h. Other $ - i. Total Direct Costs(sum of a thru h) $ 3,970.95 j. Indirect Costs $ 397,10` k. Total(sum of I&j) $ 4,368.05' Total Students Reached 291 Est.Cost/Student $ 15.01 Calallen ISD Sth Grade School Watershed Education BUDGET CATEGORIES: BUDGET a. Personnel/Salary $ 2,925.30 b. Fringe Benefits $ 482.67 c.Travel $ 600.00 d.Supplies $ 73.50 e.Equipment $ - f. Contractual $ g. Construction $ h. Other $ L Total Direct Costs(sum of a thru h) $ 4,081.47' j. Indirect Costs $ 408.15 k. Total(sum of I&j) $ 4,489.62' Total Students Reached 294 Est.Cost/Student $ 15.27 Corpus Christi Watershed Education 2022 4/12/23 Page 5 West Oso ISD Sth Grade School Watershed Education BUDGET CATEGORIES: BUDGET a. Personnel/Salary $ 1,741.25 b. Fringe Benefits $ 287.31 c.Travel $ 420.00 d.Supplies $ 43.75 e.Equipment $ - f. Contractual $ g. Construction $ h. Other $ - i. Total Direct Costs(sum of a thru h) $ 2,492.31 j. Indirect Costs $ 249.23'- k. Total(sum of I&j) $ 2,741.64 Total Students Reached 175 Est.Cost/Student $ 15.67 Flour Bluff ISD Sth Grade School Watershed Education BUDGET CATEGORIES: BUDGET I a. Personnel/Salary $ 3,940.20 I b. Fringe Benefits $ 650.13 c.Travel $ 875.00 d.Supplies $ 99.00 e.Equipment $ - f. Contractual $ g. Construction $ h. Other $ - i. Total Direct Costs(sum of a thru h) $ 5,564.33 j. Indirect Costs $'; 556.43 k. Total(sum of I&j) $ 6,120.76 Total Students Reached 396 Est.Cost/Student 1 $ 15.46 Total Proiect Bud;et: $61,125.23 Corpus Christi Watershed Education 2022 4/12/23 Page 6 ATTACHMENT A TEKS comprehensively covered by the curriculum include: Kindergarten TEKS K.1(B), K.2(A),K.2(E),K.3(A), K.3(B), K.3(C),K.6(D),K.7(B), K.7(C), K.9(B) Key points: Impact of littering;water as a natural resource and basic need. First Grade TEKS 1.1(B), 1.2(A), 1.2(C), 1.2(E), 1.3(A), 1.3(B), 1.6(A), 1.6(C), 1.7(B), 1.9(C) Key points: streams, lakes, oceans; conservation and reuse or recycling of paper,plastic, and metals. Second Grade TEKS 2.1(B), 2.2(A), 2.2(E), 2.2(F),2.3(A), 2.3(C), 2.5(B), 2.7(B), 2,7(C), 2.9(A), 2.9(B), 2.9(C) Key points: fresh water and salt water; how living things are affected by their environment. Third Grade TEKS 3.1(B), 3.2(F), 3.3(A), 3.3(B), 3.3(C), 3.5(B), 3.5(C), 3.6(A), 3.6(C), 3.7(A), 3.7(C), 3.8(B), 3.9(A), 3.9(B), 3.9(C), 3.10(A) Key points: states of matter(water) solid, liquid, gas; intro to condensation (prelim to water cycle). Fourth Grade TEKS 4.1(B), 4.2(A), 4.3(A), 4.3(B),4.3(C), 4.5(A), 4.6(A), 4.7(A), 4.7(B), 4.7(C), 4.8(B), 4.9(B), 4.10(A)Key points: water cycle (now introduced in 4th grade); the importance of models and their limitations. Covered: 5th Grade TEKS -FIRST SCIENCE STAAR TEST 5.1(B), 5.2(D), 5.2(F), 5.3(A), 5.5(A), 5.5(C), 5.7(B), 5.8(B), 5.9(A), 5.9(B), 5.9(C)Key points: landforms because of changes by water and wind; sun and oceans interaction in water cycle; Impact of humans on ecosystems. Sixth Grade TEKS 6.1(B), 6.2(B), 6.2(E), 6.3(B), 6.3(C), 6.8(B), 6.12(F)Key points: advantages and limitations of models representing the real world; ecosystems. Seventh Grade TEKS 7.1(B), 7.3(B), 7.3(C), 7.4(A), 7.5(B), 7.8(A), 7.8(B), 7.8(C), 7.10(B) Key points: effects of human activity on groundwater and surface water in a watershed; weathering, erosion, and deposition. Eight Grade TEKS —SECOND SCIENCE STAAR TEST 8.1(B), 8.2(B), 8.2(E), 8.3(A), 8.3(B), 8.3(C), 8.9(C), 8.11(B), 8.11(C) Key Points: topographic maps; runoff water; effects of short and long-term environmental changes. Key point ALL grade levels: make informed choices in the conservation, disposal, and recycling of materials Corpus Christi Watershed Education 2022 4/12/23 Page 7 Attachment C - Insurance Requirements No insurance is required for this service agreement. Attachment D - Warranty Requirements "No warranty required for this Agreement." so �o p A � 1 v 18WORPRP1 g4 AGENDA MEMORANDUM 52 Action Item for the City Council Meeting of June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management charlesM2(a)cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Bulk Oil for Asset Management - Fleet Maintenance CAPTION: Motion authorizing execution of a one-year supply agreement, with two one-year options, with Arnold Oil Company, of Corpus Christi, for an amount not to exceed $125,000.00 and a potential amount up to $375,000.00 if options are exercised, for bulk oil to be utilized by Asset Management, with FY 2023 funding of $31 ,250.00 from the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes the purchase of a variety of bulk oil fluids for the Asset Management Department. Lubricating oils are an essential component for the operation of reciprocating engines. The variety of lubricants used are specially blended and suited for the different engine types that Asset Management services on a regular basis. The bulk oil purchase is necessary to fully maintain City vehicles and equipment. BACKGROUND AND FINDINGS: The Asset Management Department performs repairs for approximately 2,300 vehicles and equipment pieces for various city departments. Bulk oil and lubricants are essential to accomplish scheduled maintenance of City vehicles and equipment. Maintaining the City's vehicles and equipment ensures that City services continue without interruption. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process to obtain bids for a new contract. The City received four responsive bids. The staff is recommending the award to the best-value bidder, Arnold Oil Company, for providing the best overall price after a discount on retail pricing for the City. ALTERNATIVES: An alternative to accepting this bid would be requiring the Asset Management Department to process an RFQ to purchase bulk oil and lubricants as needed. This would not be as productive as having a supply agreement in place. In addition, a long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for the Asset Management Department in FY23 is $31 ,250.00 for this one-year supply agreement for the purchase of bulk oil and lubricants for Fleet Maintenance, with the remaining cost to be funded in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Service Fund Organization/Activity 40140 Service Station Mission Element 202 Maintain the Fleet Project # (CIP only) N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing the execution of a one-year supply agreement, with two one-year options, with Arnold Oil Company as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Finance-Procurement RFB#4646 Buyer:Desirree Ortiz Bulk Oil for Fleet Maintenance Arnold Oil Company Texas Enterprise Inc.dba Kapalua Arguindequi Oil Co.II,Ltd Sun Coast Resources,LLC Marine,Fuels&Lubes Corpus Christi,TX Corpus Christi,TX Laredo,TX Houston,TX Retail Price Price Retail Price Price Retail Price Price Retail Price Price Estimated as of % after as of % after as of % after as of % after Item Description Unit Quantity 04/10/2023 Discount Discount 04/10/2023 Discount Discount 04/10/2023 Discount Discount 04/10/2023 Discount Discount 1 Hudroulic Oil(AW-46) (Bulk)or Compatible Gal 7,000 $18.94 59% $7.77 $11.10 16.97% $8.65 $11.08 0% $11.08 $9.02 0% $9.02 2 CK-4 Synthetic Blend(15W-40) (Bulk)or Compatible Gal 6,000 $25.82 59% $10.59 $15.94 16.97% $12.42 $9.46 0% $9.46 $12.07 0% $12.07 3 Delo 400 T3NG(15W-40) (Bulk)or compatible Gal 2,000 $37.64 64% $13.551 $39.81 16.97% $31.02 $27.94 0% $27.94 $23.08 0% $23.08 4 Global Full Synthetic ATF(Bulk) Or Compatible Gal 3,000 $33.39 59% $13.69 $20.41 16.97% $15.91 $33.16 0% $33.16 $15.96 0% $15.96 5 Synthetic Blend(5W-20)Motor Oil(Bulk)or Compatible Gal 3,000 $19.15 59% $7.85 $12.47 1 16.97% $9.72 $7.64 0% $7.64 $10.03 0% $10.03 Total Contract Value not to exceed$125,000.00 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 CUs G� > SUPPLY AGREEMENT NO. 4646 U Bulk Oil for Fleet Maintenance fhaaaoRp 1852 THIS Bulk Oil for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Arnold Oil Company ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Bulk Oil for Fleet Maintenance in response to Request for Bid No. 4646 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Bulk Oil for Fleet Maintenance in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-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. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $125,000.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Benjamin Sanchez Asset Management Department, Fleet Division 361-826-1959 BenjaminS@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 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: Benjamin Sanchez, Parts Foreman Parts Foreman Address: 5352 Ayers St., Bldg. 313, Corpus Christi, Texas 78415 Phone: 361-826-1959 Fax; 361-826-4394 IF TO CONTRACTOR: Arnold Oil Company Attn: Jonathan Arnold Title: VP Address: 5422 Ayers St., Corpus Christi, Texas 78415 Phone: 361-884-6621 Fax: 361-883-8977 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 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. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 CONTRACTOR DocuSigned by Signature: Printed Name: Jonathan Arnold Title: vP Date: 5/30/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 4646 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 �ZSS C�,p O� U oRPOAa,EATTACHMENT A: SCOPE OF WORK 1852 1.0 General Requirements/Background Information The Contractor shall provide delivery of bulk oil on an as needed basis to Fleet Maintenance as outlined in this Scope of Work. The Contractor must be adequately equipped, supplied, and staffed to meet the City's requirements promptly and efficiently. 1.1 Scope of Work A. The Contractor shall deliver oil on an as needed basis to the Fleet Maintenance Building at 5352 Ayers Street, Building 313, Corpus Christi, Texas 78415. B. The Contractor shall deliver orders by 4:30PM same day if ordered by 9:OOAM. C. The Contractor shall deliver orders by noon the following day, for orders placed after 9:00 AM. D. In case of an emergency or natural disaster the Contractor shall provide same day delivery due to the fleet being open and available to first responders. E. The Contractor shall provide a manifest indicating gross/net gallons at the time of delivery. F. The Contractor must not leave hoses unattended during delivery operations. G. The Contractor shall take all due precautions to prevent spillage of these products during delivery. Proper equipment maintenance, constant inspection, and where necessary, the use of collection pans during bulk oil transfer, will be employed to avoid leaks or spills. In the event of a spill, the Contractor shall be responsible for immediate containment, mitigation of the effects of the spill and cleanup of the spilled products at no cost to the City of Corpus Christi. Should the Contractor fail to take immediate action, the City may contract with a third party to accomplish the required control actions and will hold the Contractor responsible for the cost incurred and may be grounds for termination of the agreement. A copy of the Contractor's spill containment policy may be requested. 1.2 Oil Specifications: The Contractor shall supply, on an as needed basis, the following types of oil for storage in the City's tanks as outlined below: Page 1 of 2 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 Fluid Content Tank Capacity Tank or Drum Hydraulic Oil (AW-46) or Compatible 600 gallons Bulk, above ground tank CK-4 Synthetic Blend (15W-40) or 6,000 gallons Bulk, underground tank Compatible Delo 400 T3NG (15W-40) or 264 gallons Bulk, above ground tank Compatible Global Full Synthetic ATF or 249 gallons Bulk, above ground tank Compatible Synthetic Blend (5W-20) Motor Oil or 249 gallons Bulk, above ground tank Compatible 1.3 Special Instructions A. The Contractor shall provide a Safety Data Sheet (SDS) with each product delivery. B. The Contractor shall provide a typical analysis with each product delivered. Page 2 of 2 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 - ATTALMMENT 13: BID/PRICING SCHEDULE opUS cr� � Baa CITY OF CORPUS CHRISTI o CONTRACTS AND PROCUREMENT v BID FORM NOORPO RRSEO X852 RFB No. 4646 Bulk Oil for Fleet Maintenance Date: Authorized Bidder: n I Signature: —�— � 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due, and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Retail Price Item Description Unit Estimated as of Quantity 04/10/2023 Discount 1 Hydraulic Oil (AW-46) Gal 7,000 $ SAL, 5q (Bulk) or Compatible Retail Price Item Description Unit Estimated as of Quantity 04/10/2023 Discount CK-4 Synthetic Blend 2 (15W-40) (Bulk) or Gal 6,000 $ 11?5, ga 9 % Compatible Page 1 of 2 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 Retail Price Estimated Item Description Unit as of dateQuantity Discount 04/10/2023 Delo 400 T3NG (15W- 3 40) (Bulk) or Gal 2,000 $ j7. compatible Estimated Retail Price % Item Description Unit as of Discount Quantity 04/10/2023 Global Full Synthetic 4 ATF (Bulk) Or Gal 3,000 $ 33, 9q � Compatible Estimated Retail Price % Item Description Unit as of Discount Quantity 04/10/2023 Synthetic Blend (5W- 5 20) Motor Oil (Bulk) or Gal 3,000 $ �� � � % Compatible Total Contract Value not to exceed $125,000.00 Page 2 of 2 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 ATTACHMENT C: INSURANCE REQUIRMENTS CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change, or termination required on all certificates and policies. Commercial General Liability $1 ,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY $500,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory Employer's Liability $500,000 / $500,000 / $500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence Revised 1 1.30.20 Page 1 of 3 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant 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 replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management 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; Revised 1 1.30.20 Page 2 of 3 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 ■ 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 ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant 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 agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services -Services Performed Onsite - Pollution 05/10/2021 Risk Management - Legal Dept. Revised 1 1.30.20 Page 3 of 3 DocuSign Envelope ID:C6F943F8-C7BE-44E2-A42B-6A644FBCD267 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty required for this Supply Agreement. Page 1 of 1 so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Department BilIM(a)cctexas.com 361-826-1801 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com 361-826-3169 Epoxy Coated Pipe CAPTION: Motion authorizing the purchase of epoxy coated pipe from Hajoca Corp, dba Moore Supply, of Ardmore, PA, with an office in Corpus Christi, for$239,339.10 to be utilized by Gas Operations, with FY 2023 funding from the Gas Capital Fund. SUMMARY: This motion authorizes the purchase of epoxy-coated pipe from Hajoca Corp dba Moore Supply, of Ardmore, PA, with an office in Corpus Christi, to be utilized by Gas Operations for the distribution of natural gas. BACKGROUND AND FINDINGS: The Gas Department purchases and stocks gas pipe for the distribution of natural gas. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process to obtain bids for the purchase of epoxy coated pipe. The City received two responsive, responsible bids for these items. Staff is recommending the award to the lowest, responsive, responsible bidder Hajoca Corp dba Moore Supply. This product has been purchased on an as needed basis prior to this procurement. ALTERNATIVES: An alternative to accepting this bid would be to require the Gas Department to continue to purchase the epoxy-coated gas pipe on an as-needed basis, which would not be as productive. In addition, the long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact in FY 2023 is an amount of $239,339.10 with funding available from the Gas Capital fund. FUNDING DETAIL: Fund: 4562 - Gas 2023 CIP Organization/Activity: E12132014562EXP Department: 11 Project # (CIP Only): E12132 - Gas Life Cycle Replacement Program Account: 520150 - Meter & Service connection material RECOMMENDATION: Staff recommends approval of this motion authorizing this purchase with Hajoca Corporation dba Moore Supply as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation City of Corpus Christi Finance&Procurement Bid Tabulation RFB#4736 Epoxy Coated Pipe Buyer:Erica A.Hernandez Hajoca Corp dba Moore Supply Technology International,Inc "Texas Pipe Ardmoe,PA Lake Mary,FL Corpus Christi,TX ITEM Description UOM City Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 PIPE 2"EPDXY COATED 42'WELDED,2.375 FT. 305 $5.15 $1,570.75 $12.00 $3,660.00 OX154W X42 FBE14-16 MIL,2.375-0 X.154 W X 42 WELDED 2 PIPE 4"EPDXY COATED 42'WELDED,4.5-0 FT. 1,475 $11.45 $16,888.75 $14.10 $20,797.50 X 2.37 X 42 FEE 14-16 MIL;4.5-0 X 2.37 X 42 FEE 14-16 MIL WELDED 3 PIPE 6"EPDXY COATED 42'WELDED,6"X FT. 1,420 $19.98 $28,371.60 $23.80 $33,796.00 0.280 W/FBE 14-16 MIL,6.625-0 X.280 W X 42'FEE 14-16 MIL 4 PIPE 8"EPDXY COATED 42'WELDED,8"X FT. 2,700 $29.04 $78,408.00 $35.00 $94,500.00 0.322 W/FBE 14-16 MIL,8.625-0 X.322 W X 42 FEE 14-16 MIL 5 PIPE 10"EPDXY COATED 42'WELDED,10" FT. 2,800 $40.75 $114,100.00 $50.30 $140,840.00 X 0.365 W/FBE 14-16 MIL,10.75-0 X.365 W X 42 FEE 14-16 MIL TOTAL 8239,339.10 5293,593.50 `Non-responsive:Did not bid according to quantites on bid form. SC 00 � 0 � NCORPOR 1'0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BilIM(a)cctexas.com (361) 826-1801 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase of Gas Meters for Gas Operations CAPTION: Motion authorizing the purchase of gas meters from Wilnat Inc., dba, Koons Gas Measurement, of Tulsa, for $517,500.00 to be utilized by Gas Operations, with FY 2023 funding from the Gas Fund. SUMMARY: This purchase is to supply gas meters for Gas Operations. BACKGROUND AND FINDINGS: The City has approximately 61 ,000 metered gas connections with additional new service connections being added throughout the year. Each connection requires the installation of a meter to allow for the accurate measurement of gas usage. PROCUREMENT DETAIL: Finance & Procurement conducted a Request for Bid Process to obtain bids. The City received three bids. Two bids were non-responsive. Staff is recommending the award to the responsive, responsible bidder and incumbent, Wilnat Inc., dba Koons Gas Measurement of Tulsa. In 2021 , the City paid 35% more for these meters. ALTERNATIVES: There are no viable alternatives. The bid from Wilnat Inc. is responsive and within budget. FISCAL IMPACT: The fiscal impact for Gas Operations in FY 2023 is not to exceed $517,500.00 with Wilnat Inc. dba Koons Gas Measurement for the purchase of gas meters. FUNDING DETAIL: Fund: 4562 Gas 2023 CIP Organization/Activity: E12132014562EXP Department: 11 Project # (CIP Only): E12132 Gas Life Cycle Replacement Program Account: 520150 Meter & svc connection material RECOMMENDATION: Staff recommends approval of this motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation City of Corpus Christi Bid Tabulation Finance&Procurement Department RFB#4766 Senior Buyer:Cynthia Perez Gas Meters Wilnat Inc.,KGM *Energy Economics,Inc. **SECOR Tulsa,OK Dodge Center,MN Houston,TX ITEM Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 American AC-250 Diaphragm Meter EA. 4,000 or Equivalent White Dial $ 60.00 $ 240,000.00 $ 2 American AC-250 Diaphragm Meter EA. 1,000 or Equivalent Red Dial $ 75.00 $ 75,000.00 $ 3 American AL-425 Diaphragm Meter EA. 500 or Equivalent $ 275.00 $ 137,500.00 $ 4 American AL-800 Diaphragm Meter EA. 100 or Equivalent $ 650.00 $ 65,000.00 $ TOTAL $ 517,500.00 $ *Non-responsive only submitted a bid for one line item. **Non-responsive-submitted a wrong bid. SC 00 0 � NCORPOR 1'0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BilIM(a)cctexas.com (361) 826-1801 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase of One-Inch Insulated Meter Gas Valves for Gas Operations CAPTION: Motion authorizing the purchase of one-inch insulated meter gas valves from AY McDonald Mfg. Co., of Dubuque, Iowa, for$121 ,600.00 to be utilized by Gas Operations, with FY 2023 funding from the Gas Capital Fund. SUMMARY: This purchase is to supply one-inch insulated meter gas valves for Gas Operations. BACKGROUND AND FINDINGS: The Gas Department has an operational need to purchase one-inch insulated gas meter valves. Insulated gas valves are installed at every meter connection (residential & light commercial) used to isolate gas from the customers' house line for maintenance or during emergency situations. The valve's second function is to isolate the cathodic protection used by the Gas Department corrosion prevention from entering the customers side of the line. PROCUREMENT DETAIL: Finance & Procurement conducted a Request for Bid Process to obtain bids. The City received four bids. One was non-responsive. Staff is recommending the award to the lowest, responsive, responsible bidder, AY McDonald Mfg. Co. of Dubuque, Iowa Wilnat Inc. In the past, the City purchased this item on an as needed basis. ALTERNATIVES: There are no viable alternatives. Insulated gas valves are necessary to protect the safety of City residents. FISCAL IMPACT: The fiscal impact in FY 2023 is an amount of $121 ,600.00 with funding available from the Gas Capital fund. FUNDING DETAIL: Fund: 4562 - Gas 2023 CIP Organization/Activity: E12132014562EXP Department: 11 Project # (CIP Only): E12132 - Gas Life Cycle Replacement Program Account: 520150 - Meter & Service connection material RECOMMENDATION: Staff recommends approval of this motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation City of Corpus Christi Bid Tabulation Finance&Procurement Department RFB#4769 Senior Buyer:Cynthia Perez 1"Insulated Meter Gas Valves McDonald Mfg.Co. Gajeske Inc. South Texas Specialties *Mueller Co,LLC Dubuque,IA San Antonio,Texas Laredo,Texas Decatur,IL ITEM Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1"galvanized insulated meter 1 gas valve with wing lock to EA 4,000 $30.40 $121,600.00 $47.25 $189,000.00 $54.25 $217,000.00 accommodate standard barrel locks,working pressure 175. TOTAL $121,600.00 $189,000.00 $217,000.00 *Non-responsive-only submitted a one page quote. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Mayor and City Council FROM: Rebecca Huerta, City Secretary rebeccah Ca)-cctexas.com 361-826-3105 Interlocal Cooperation Agreement with Texas Department of State Health Services (DSHS) allowing access to Texas Electronic Vital Events Registrar (TxEVER) to issue certified birth certificates. CAPTION: Resolution authorizing an Interlocal Agreement with the Texas Department of State Health Services (DSHS) for remote access to State vital records for a four-year period ending August 31, 2027. SUMMARY: The Interlocal Cooperation Agreement with DSHS allows Vital Records access to TxEVER for issuing certified short-form birth certificates for $1.83 per record. Additionally, $1.80 of each manual and online birth certificate issued is submitted to the State Comptroller per TX Health and Safety Code 191. BACKGROUND AND FINDINGS: The City's Vital Records division issues certified copies of birth certificates for a $23.00 fee to customers born in the state of Texas. For customers born outside of Corpus Christi, TxEVER is searched to locate a birth record. If the birth record is located, a short-form birth certificate is then issued. From the $23 fee, DSHS deducts $1.83 for each birth record searched and/or issued from TxEVER. A $1.80 fee is also deducted for each manual and online birth certificate sale, which is submitted to the State Comptroller per Texas Health and Safety Code Section 191. This Interlocal Cooperation Agreement with DSHS formalizes the agreement between DSHS and the City of Corpus Christi to access TxEVER to search and/or issue certified short- form birth certificates. ALTERNATIVES: Without access to TxEVER, Vital Records would not be able to issue short-form birth certificates to our customers. In FY22, Vital Records issued over 1700 short-form birth certificates, and approximately 16,500 manual and online birth certificates. FISCAL IMPACT: FY22 Vital Records Birth Certificate Fees due to DSHS & State Comptroller Category Count Fee Total Due Remote short-form birth certificate sales 1700 1.83 $3,111.00 Manual and Online EZNet long-form birth certificate sales 16,500 1.80 $29,700.00 Total Due to DSHS and State Comptroller $32,811.00 Funding Detail: Fund: 1020 Organization/Activity: 12631 Department: City Secretary/Vital Records Project # (CIP Only): Account: 12631-207250 RECOMMENDATION: Staff recommends approval of this resolution. SUPPORTING DOCUMENTS: Resolution Interlocal Cooperation Agreement: Contract No.: HHSEV1000002919 Resolution authorizing an Interlocal Agreement with the Texas Department of State Health Services (DSHS) for remote access to State vital records for a four-year period ending August 31, 2027. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Secretary or designee is authorized to execute an Interlocal Cooperation Agreement with the Texas Department of State Health Services (DSHS) for remote access to State vital records for a four-year period ending August 31 , 2027. SECTION 2. This Resolution is effective upon passage. PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor CITY OF CORPUS-CHRISTI INTERLOCAL COOPERATION CONTRACT DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHSREV100002919 The DEPARTMENT OF STATE HEALTH SERVICES("DSHS" or"SYSTEM AGENCY") and CITY OF CORPUS-CHRISTI("LOCAL GOVERNMENT" or"CONTRACTOR"), each a"Party" and collectively the "Parties," enter into the following contract for Local Government access to the Texas Electronic Vital Events Registrar ("TXEVER") (the "Contract") pursuant to the provisions of the "Interlocal Cooperation Act," Tex. Gov't Code Chapter 791. I. CONTRACT REPRESENTATIVES The following will act as the representative authorized to administer activities under the Contract on behalf of its respective Party. DSHS Local Government Name: Department of State Health Services Name: City of Corpus-Christi Attn: Contract Management Section Attn: Vital Records 1100 W 49th Street, MC-1990 1201 Leopard Street Austin, TX 78776-2679756 Corpus Christi, Tx 78401 Contact Person: Gretchen Wells Contact Person: Rebecca Huerta Telephone: 512 776-2679 Telephone: 361 826-3105 E-Mail: Gretchen.wells@dshs.texas.gov E-Mail: RebeccaH@cctexas.com Agency Number: 537 II. STATEMENT OF SERVICES TO BE PROVIDED The Parties agree to cooperate to provide necessary and authorized services and resources in accordance with the terms of the Contract. Specific services provided are described in ATTACHMENT C,STATEMENT OF WORK. III. CONTRACT PERIOD AND RENEWAL The Contract is effective on the signature date of the latter of the Parties to sign the Contract and expires August 31, 2027, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. DSHS, at its sole discretion, may renew the Contract for up to one (1) additional year for a maximum Contract term of 5 years. Notwithstanding the limitation in the preceding sentence, and with at least 30 calendar days' advance written notice to Local Government, at the end of the initial term or any renewal period, DSHS, at its sole discretion, may extend the Contract as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by DSHS to serve the best interest of the state of Texas for up to 12 months, in one-month intervals, at the then-current Contract rate or rates (if applicable) as modified during the term of the Contract. DSHS Contract No.HHSREV 100002919 Page 1 of 7 IV. AMENDMENT The Parties to the Contract may modify the Contract only through the execution of a written amendment signed by both Parties. V. FEES AND PAYMENT FOR SERVICES All payments made by Local Government to DSHS in connection with the Contract, including the manner in which payments to DSHS by Local Government will be rendered, are stated in ATTACHMENT C,STATEMENT OF WORK. VI. NOTICE REQUIREMENTS A. All notices given by Local Government shall be in writing, include the Contract number, comply with all terms and conditions of the Contract, and be delivered to DSHS's Contract Representative identified above. B. Local Government shall send legal notices to DSHS at the address below and provide a copy to DSHS's Contract Representative: Health and Human Services Commission Attn: Office of the Chief Counsel 4601 W Guadalupe St.MC-1100 Austin,Texas 78751 with copy to Department of State Health Services Attn: Office of General Counsel 1100 W. 49th Street,MC-1919 Austin, TX 78756 C. DSHS shall send legal notices to Local Government at the address below: City of Corpus-Christi 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826-3105 RebeccaH@cctexas.com D. Notices given by DSHS to Local Government may be emailed, mailed, or sent by common carrier. Email notices shall be deemed delivered when sent by DSHS. Notices sent by mail shall be deemed delivered when received by Local Government.Notices sent by common carrier shall be deemed delivered when deposited by DSHS with a common carrier, overnight, signature required. DSHS Contract No.HHSREV 100002919 Page 2 of 7 E. Notices given by Local Government to DSHS shall be deemed delivered when received by DSHS. F. Either Party may change its Contract Representative or Legal Notice contact by providing written notice to the other Party. VII. CONTRACT DOCUMENTS The following documents are incorporated by reference and made a part of the Contract for all purposes. In the event of a conflict, ambiguity, or inconsistency between the terms and conditions set forth in the documents that comprise the Contract, the controlling document shall be this Signature Document, then the remaining documents in the following list in the order stated: ATTACHMENT A: HHS DATA USE AGREEMENT-GOVERNMENTAL ENTITY(VERSION 8.5). ATTACHMENT B:HHS CONTRACT AFFIRMATIONS(VERSION 2.2); and ATTACHMENT C: STATEMENT OF WORK. VIII. MISCELLANEOUS TERMS AND CONDITIONS A. Exchange of Personal Identifying Information. The Contract concerns the exchange of Confidential Information. Except as prohibited by applicable law or regulation, Local Government and DSHS may exchange such information in accordance with Tex. Health and Safety Code Chapter 191. B. Suspension of Services or Contract Termination.Use of services under the Contract by Local Government for purposes inconsistent with the Contract or applicable law or regulation may result in suspension of services or termination of the Contract for cause by DSHS. C. Governing Law and Venue. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to DSHS. D. Confidentiality. Local Government shall maintain as confidential and shall not disclose to third parties without DSHS's prior written consent, any DSHS information including but not limited to DSHS Data,DSHS's business activities,practices, systems, conditions, and services. This section shall survive termination or expiration of the Contract. This requirement must be included in all subcontracts awarded by Local Government. The Parties shall comply with all applicable state and federal laws relating to the privacy and confidentiality of data and records provided under the Contract, including, but not limited to,Tex.Gov't Code Section 552.115. DSHS Contract No.HHSREV 100002919 Page 3 of 7 E. Record Maintenance and Retention 1. Local Government shall keep and maintain under GAAP or GASB, as applicable, full,true, and complete records necessary to fully disclose to DSHS,the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of the Contract and all state and federal rules, regulations, and statutes. 2. Local Government shall maintain and retain legible copies of the Contract and all records relating to the performance of the Contract, including supporting fiscal documents adequate to ensure that claims for Contract funds are in accordance with applicable state of Texas requirements. These records shall be maintained and retained by Local Government for a minimum of seven (7)years after the Contract expiration date or seven(7)years after the completion of all audits, claim,litigation, or dispute matters involving the Contract are resolved, whichever is later. F. Dispute Resolution. To the extent that Tex. Gov't Code Chapter 2260 is applicable to the Contract, the dispute resolution process provided for in Chapter 2260, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by DSHS and Local Government to attempt to resolve any claim for breach of contract made by Local Government that cannot be resolved in the ordinary course of business. G. Entire Agreement. The Contract contains all the terms and conditions between DSHS and Local Government relating to the matters set forth herein and no prior or contemporaneous agreement or understanding pertaining to the same shall be of any force or effect. H. Force Majeure. Neither Local Government nor DSHS shall be liable to the other for any delay in, or failure of performance of, any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing Party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either Party and that by exercise of due foresight such Party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such Party is unable to overcome. L INDEMNIFICATION 1. TO THE EXTENT ALLOWED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, LOCAL GOVERNMENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS, DSHS, AND HHSC, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DSHS Contract No.HHSREV 100002919 Page 4 of 7 DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS,AND ALL RELATED COSTS,ATTORNEY FEES, AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF LOCAL GOVERNMENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. 2. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE LOCAL GOVERNMENT TO INDEMNIFY OR HOLD HARMLESS THE STATE OF TEXAS, DSHS, OR HHSC FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE STATE OF TEXAS,DSHS, OR HHSC OR ITS EMPLOYEES. 3. FOR THE AVOIDANCE OF DOUBT, NEITHER THE STATE OF TEXAS, DSHS, NOR HHSC SHALL INDEMNIFY LOCAL GOVERNMENT OR ANY OTHER ENTITY UNDER THE CONTRACT. J. No Waiver of Sovereign Immunity. Nothing in the Contract shall be construed as a waiver of DSHS's, HHSC's, or the state of Texas' sovereign immunity. Neither the Contract nor any action or inaction of DSHS shall constitute or be construed as a waiver of any of the privileges,rights, defenses,remedies, or immunities available to the State of Texas, DSHS, or HHSC. The failure to enforce, or any delay in the enforcement of, any privileges,rights,defenses,remedies, or immunities available to the State of Texas, DSHS, or HHSC under the Contract or under applicable law or regulation shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel.Neither the State of Texas,DSHS,nor HHSC waives any privileges, rights, defenses, or immunities available to the State of Texas, DSHS, or HHSC by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract.Notwithstanding the forgoing,if Local Government is a state of Texas agency or department, district, authority, county, municipality, or other political subdivision of the state of Texas,then nothing in the Contract will be construed to abrogate any rights or affirmative defenses available to Local Government under doctrines of sovereign and official immunity. K. Severability. If any provision of the Contract is construed to be illegal or invalid, the illegal or invalid provision shall be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions shall continue. L. Waiver. The failure of either Party to object to or to take affirmative action with respect to any conduct of either Party which is in violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach. DSHS Contract No.HHSREV 100002919 Page 5 of 7 M. Termination 1. Convenience. Either Party may terminate the Contract without cause by giving 30 days' written notice of its intent to terminate to the non-terminating Party. The termination will be effective on the date specified in the terminating Party's notice of termination. 2. Cause Resulting from Material Breach. Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, either Party may terminate the Contract, in whole or in part, upon the following condition: i. Material Breach If a Party determines, in its sole discretion, the other Party has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of the other Party's duties under the Contract. 3. Cause Resulting from Failure to Maintain Financial Viability. DSHS may terminate the Contract if, in its sole discretion, DSHS has a good faith belief that Local Government no longer maintains the financial viability to fully perform its obligations under the Contract. IX. CERTIFICATIONS The undersigned contracting Parties certify that: A. The services specified above are necessary and essential for activities that are properly within the statutory functions and programs of each Party. B. Each Party executing the Contract on its behalf has full power and authority to enter into the Contract. C. The proposed arrangements serve the interest of efficient and economical administration of state and local government; and D. The services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder. DSHS further certifies that it has statutory authority to contract for the services described in the Contract under Tex. Health and Safety Code Chapter 191 and Tex. Gov't Code Chapter 791. Local Government further certifies that it has statutory authority to contract for the services described in the Contract under Tex. Health and Safety Code Chapter 191 and Tex. Gov't Code Chapter 791. SIGNATURE PAGE FOLLOWS DSHS Contract No.HHSREV 100002919 Page 6 of 7 SIGNATURE PAGE FOR DSHS CONTRACT NO.HHSREV100002919 DEPARTMENT OF STATE HEALTH SERVICES CITY OF CORPUS-CHRISTI Signature Signature Manda Hall MD Printed Name Printed Name Associate Commissioner for Community Health Improvement Title Title Date Date DSHS Contract No.HHSREV 100002919 Page 7 of 7 ATTACHMENT C STATEMENT OF WORK I. Responsibilities of the Parties A. Local Government shall use the Texas Electronic Registration Remote System ("TxEVER") to search DSHS databases, locate data, and issue Certifications of Birth (`Birth Certificates") only to authorized individuals or entities requesting such data. The Birth Certificates shall be provided to authorized individuals or entities in a format formally approved by DSHS. Local Government shall implement appropriate measures to ensure its use of TxEVER is not abused or misused by its personnel. B. DSHS will allow Local Government to access TxEVER during the hours of 7:00 a.m. to 6:00 p.m. Central Time, Monday through Friday, except national holidays as identified in Tex. Gov't Code Section 662.003(a). In the event of an emergency or computer application error, DSHS may temporarily suspend TxEVER access without advance notice. C. Local Government shall acquire and retain at its own expense, the necessary data processing equipment, communications, hardware or software, and paper products in accordance with the requirements set out in Tex. Admin. Code Title 25, Section 181.28 and as specified by DSHS. If necessary, DSHS will provide technical assistance to Local Government to enable Local Government's computer equipment to connect to TxEVER. D. Local Government acknowledges that TxEVER records may not be located or contain errors resulting from the following unintentional occurrences: 1. Key-entry errors in spelling; 2. Failure on the part of DSHS to update a file for an amendment or paternity determination; or 3. The event year does not exist in TxEVER. E. Local Government shall provide DSHS with monthly written notification of errors or suspected errors discovered by Local Government in TxEVER. F. Local Government shall use TxEVER in conformance with Tex. Health and Safety Code Chapters 191, 192, and 195, as well as Tex. Admin. Code Title 25,Part 1, Chapter 181, and in the format formally approved by DSHS. IL Fees,Invoicing, and Payment A. Fees. Local Government shall pay DSHS $1.83 for each birth certificate issued to Local Government from TxEVER. Local Government agrees to charge the same base search fee for a birth certificate as DSHS charges to Local Government. Additional fees may only be charged as authorized by Tex. Health and Safety Code Chapter 191 and Tex. Admin. Code Title 25, Part 1, Chapter 181. DSHS acknowledges that Local Government's payment obligations to DSHS are payable only from funds appropriated for the then current Local Government's fiscal year and available for the purpose of the Contract. Local Government shall provide DSHS with prompt notice of failure of Local Government to receive adequate appropriations or otherwise sufficient revenue to satisfy its obligations under the Contract. Page 1 of 2 v. 11.2022 ATTACHMENT C STATEMENT OF WORK B. Invoicing. DSHS will send itemized invoices to Local Government on the 1st of every month for all birth certificates provided to Local Government by DSHS in the prior month. Invoicing will be sent through the U.S.Postal Service to Local Government at: Name: Rebecca Huerta City of Corpus-Christi 1201 Leopard Street Corpus Christi, Texas 78401 Local Government shall direct any invoicing inquiries to DSHS either by phone at 512- 776-2953 or email to vssbusinessserviceskdshs.texas.gov. C. Payment. Local Government shall remit payment in full to DSHS within thirty (30) days of its receipt of a DSHS invoice. Payment shall be remitted via mail or electronic fund transfer. Payment by Local Government shall be considered complete on the date received by DSHS. Local Government shall send payments to DSHS at: Texas Department of State Health Services Cash Receipts Branch MC-2096 P.O. Box 149347 Austin, TX 78714-9347 or JPMorgan Chase Bank Acct 9 0135371118 Bank Rt 9 021409169 TIN 9 320113643 Page 2 of 2 v. 11.2022 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of June 27, 2023 1852 Second Reading for the City Council Meeting of July 18, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK(o-)-cctexas.com 361-826-7202 Acceptance of the City of Corpus Christi Public Health Infrastructure Grant in the amount of$3,186,443.00 and appropriation of the funds from upon contract execution through November 30, 2027 CAPTION: Ordinance ratifying acceptance of Public Health Infrastructure Grant (PHIL) for $3,186,443.00 from the Texas Department of State Health Services (DSHS); and appropriating $3,186,443.00 to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities for the period of March 22, 2023, through November 30, 2027. SUMMARY: The purpose of this contract is to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities in alignment with the Strengthening the U.S. Public Health Infrastructure, Workforce, and Data Systems program from the Centers for Disease Control and Prevention (CDC). BACKGROUND AND FINDINGS: This new grant will start upon contract execution and go through November 30, 2027. All funding will be provided by DSHS with a total budget amount of 3,186,443.00, with the following allocations: • $2,142,445.00 for Salary & Fringe • $1,036,691.00 for Other (staff retention and sustainment plan) • $7,307 for Equipment (Fitness equipment to promote Health and Wellness) These funds will be utilized to hire personnel to supplement staffing across departments within the Public Health District and increase employee retention rates. Listed below are the preliminary personnel positions to be funded pending Council approval: • Epidemiology/GIS Specialist • Public Information Officer/Marketing Manager • Grant Coordinator/Writer • Financial/Budget Analyst • Public Health Emergency Preparedness Planner • Microbiologist I • Nutritionist This grant will create new positions, which are subject to change, allowing the Corpus Christ- Nueces County Public Health District to serve the people of Nueces County. ALTERNATIVES: Refuse the execution of the grant contract and lose additional funding to be utilized for strengthening the public health infrastructure and workforce. FISCAL IMPACT: There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831567F Mission Element: 15 Heath Grants Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001310000001 Ordinance Ordinance ratifying acceptance of Public Health Infrastructure Grant (PHIG) for $3,186,443.00 from the Texas Department of State Health Services (DSHS); and appropriating $3,186,443.00 to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities for the period of March 22, 2023, through November 30, 2027. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies execution of grant contract no. HHS001310000001 (the "Contract") for the Public Health Infrastructure Grant (PHIG) with the Department of State Health Services ("DSHS") for a grant in the amount of $3,186,443.00 for the period March 22, 2023, through November 30, 2027, to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities. SECTION 2. Funds in the amount of $3,186,443.00 are appropriated from the grant to the Health Grants Fund No. 1066 to be used to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities. SECTION 3. The City Manager or designee is authorized to execute any future amendments to the Contract which extend the contract period or increase or decrease the amount of the grant. SECTION 4. A copy of the executed health grant contract and amendments shall be filed in the office of the City Secretary. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 S TEAS Health and Human Texas Department of State Health Services �b Services Jennifer A.Shuford,M.D.,M.P.H. Commissioner Dr. Fauzia Khan, MBBS, MPH, CPM Corpus Christi-Nueces County Public Health District (City) 1702 Horne Road Corpus Christi, Texas 78416 Subject: Grant: Public Health Infrastructure Grant Program ID: CPS/PHIG Contract Number: HHS001310000001 Contract Amount: $3,186,443.00 Contract Term: Upon Execution through November 30, 2027 Dear Dr. Khan: Enclosed is the Public Health Infrastructure, Workforce, and Data Systems contract between the Department of State Health Services and Corpus Christi-Nueces County Public Health District (City). The purpose of this contract is to make strategic investments to support hiring, retaining, supporting, and training the public health workforce and strengthening public health infrastructure and systems related to the workforce and foundational capabilities in alignment with the Strengthening U.S. Public Health Infrastructure, Workforce, and Data Systems program (Funding Opportunity Number CDC RFA OE22-2203) from the Centers for Disease Control and Prevention (CDC). Please let me know if you have any questions or need additional information. Sincerely, Kristiana Flores, CTCM Contract Manager 512-776-6538 Kristiana.Flores@dshs.texas.gov P.O. Box 149347•Austin,Texas 78714-9347• Phone:888-963-7111 • TTY:800-735-2989 • dshs.texas.gov DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 SIGNATURE DOCUMENT FOR THE DEPARTMENT OF STATE HEALTH SERVICES GRANT AGREEMENT, CONTRACT No.HHS001310000001 UNDER THE CENTER FOR HEALTH EMERGENCY PREPAREDNESS&RESPONSE (CHEPR)GRANT PROGRAM The parties to this agreement ("Grant Agreement" or "Contract") are the Department of State Health Services ("System Agency") and Corpus Christi-Nueces County Public Health District (City) ("Grantee"), having its principal office at 1702 Horne Road, Corpus Christi, Texas 78416 (each a"Party" and collectively the "Parties"). 1. PURPOSE The purpose of this Grant Agreement is to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities in alignment with the Strengthening U.S. Public Health Infrastructure, Workforce, and Data Systems (Funding Opportunity Number CDC RFA OE22-2203)program from the Centers for Disease Control and Prevention (CDC). II. LEGAL AUTHORITY This Grant Agreement is entered into pursuant to Texas Health and Safety Code: Title 2 Chapter 12 (section 12.011) and Chapter 81 (section 81.005); Title 12 Chapter 1001 (section 1001.071), and Texas Government Code: Title 4 Chapter 531 and Chapter 418 Subchapter C (section 418.043); Title 7 Chapter 791. 111. DURATION This Grant Agreement is effective on the signature date of the latter of the Parties to sign this agreement and expires on November 30, 2027, unless sooner terminated. This Grant Agreement does not include renewals. IV. STATEMENT OF WORK The Statement of Work to which Grantee is bound is included as Attachment A and is incorporated into and made a part of this Grant Agreement for all purposes. V. BUDGET AND INDIRECT COST RATE The total amount of this Grant Agreement will not exceed $3,186,443.00. Grantee is not required to provide matching funds. The total not-to-exceed amount includes the following: Total Federal Funds: $3,186,443.00 Total State Funds: $0.00 All expenditures under the Grant Agreement will be in accordance with ATTACHMENT B, BUDGET. System Agency Grant Agreement,Contract HHS001310000001 Page 1 of 5 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 If the System Agency approves or acknowledges an updated indirect cost rate, the Grant Agreement will be amended to incorporate the new rate (and the new indirect cost rate letter, if applicable) and the budget revised accordingly. Vl. REPORTING REQUIREMENTS Grantee shall submit all required reports in accordance with Articles III and IV of the Statement of Work. VII. CONTRACT REPRESENTATIVES The following will act as the representative authorized to administer activities under this Grant Agreement on behalf of their respective Party. System A2ency Grantee Kristiana Flores Denzel Otokunrin Department of State Health Services Corpus Christi-Nueces County Public 1100 W. 49th Street, MCI 990 Health District(City) Austin, Texas 78756 1702 Horne Road Kristiana.Flores(2dshs.texas.gov Corpus Christi, Texas 78416 denzel2cctexas.com VIII. NOTICE REQUIREMENTS A. All notices given by Grantee shall be in writing, include the Grant Agreement contract number, comply with all terms and conditions of the Grant Agreement, and be delivered to the System Agency's Contract Representative identified above. B. Grantee shall send legal notices to System Agency at the address below and provide a copy to the System Agency's Contract Representative: Health and Human Services Commission Attn: Office of Chief Counsel 4601 W. Guadalupe, Mail Code 1100 Austin, Texas 78751 with a copy to: Department of State Health Services Attention: General Counsel 1100 W. 49th Street, Mail Code 1919 Austin, TX 78756 System Agency Grant Agreement,Contract HHS001310000001 Page 2 of 5 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 C. Notices given by System Agency to Grantee may be emailed, mailed or sent by common carrier. Email notices shall be deemed delivered when sent by System Agency. Notices sent by mail shall be deemed delivered when deposited by the System Agency in the United States mail, postage paid, certified, return receipt requested. Notices sent by common carrier shall be deemed delivered when deposited by the System Agency with a common carrier, overnight, signature required. D. Notices given by Grantee to System Agency shall be deemed delivered when received by System Agency. E. Either Party may change its Contract Representative or Legal Notice contact by providing written notice to the other Party. IX. FEDERAL AWARD INFORMATION GRANTEE'S UNIQUE ENTITY IDENTIFIER:XETBTPKCL895 Federal funding under this Grant Agreement is a subaward under the following federal award. Federal Award Identification Number (FAIN): NEI IOE000001 A. Assistance Listings Title, Number, and Dollar Amount: CDC's Collaboration with Academia to Strengthen Public Health—93.967 -$146,769,640.00 B. Federal Award Date: 11/29/2022 C. Federal Award Period: 12/1/2022-11/30/2023 D. Name of Federal Awarding Agency: Centers for Disease Control and Prevention E. Federal Award Project Description: Strengthening Public Health Infrastructure, Workforce and Data Systems F. Awarding Official Contact Information: Lakita Reid G. Total Amount of Federal Funds Awarded to System Agency: $146,769,640.00 H. Amount of Funds Awarded to Grantee: $3,186,443.00 L Identification of Whether the Award is for Research and Development: No X. CONTRACT DOCUMENTS The following documents are incorporated by reference and made a part of this Grant Agreement for all purposes. Unless expressly stated otherwise in this Grant Agreement, in the event of conflict, ambiguity or inconsistency between or among any documents, all System Agency documents take precedence over Grantee's documents and the Data Use Agreement takes precedence over all other contract documents. System Agency Grant Agreement,Contract HHS001310000001 Page 3 of 5 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 ATTACHMENT A—STATEMENT OF WORK ATTACHMENT B—BUDGET ATTACHMENT C—CONTRACT AFFIRMATIONS-V2.2 ATTACHMENT D—UNIFORM TERMS AND CONDITIONS—GRANT-V.3.2 ATTACHMENT E—DATA USE AGREEMENT-TACCHO VERSION ATTACHMENT F—FEDERAL ASSURANCES-V1.1 ATTACHMENT G—CERTIFICATION REGARDING LOBBYING ATTACHMENT H—FFATA CERTIFICATION FORM XL SIGNATURE AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. Any services or work performed by Grantee before this Grant Agreement is effective or after it ceases to be effective are performed at the sole risk of Grantee. SIGNATURE PAGE FOLLOWS System Agency Grant Agreement,Contract HHS001310000001 Page 4 of 5 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 SIGNATURE PAGE FOR SYSTEM EXIGENCY GRANT AGREEMENT, CONTRACT No.HHS001310000001 DEPARTMENT OF STATE HEALTH CORPUS CHRISTI-NUECES COUNTY SERVICES PUBLIC HEALTH DISTRICT(CITY) DocuSigned by: Qwtft"2ED425 ocuSigned by: Kirk Cole ia ULNA, Q�3ti�F59048D... ... Printed Name Kirk Cole Printed Name:Fauzia Khan Title: Deputy Commissioner Title: Public Health Director Date of Execution:March 23,2023 March 22,2023 Date of Execution: System Agency Grant Agreement,Contract HHS001310000001 Page 5 of 5 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ATTACHMENT A STATEMENT OF WORK Strengthening U.S. Public Health Infrastructure,Workforce, and Data Systems I. GRANTEE RESPONSIBILITIES Grantee shall: A. Make strategic investments to support hiring, retaining, and training the public health workforce and strengthen public health infrastructure and systems related to the workforce and foundational capabilities in alignment with the Strengthening U.S. Public Health Infrastructure, Workforce, and Data Systems (Funding Opportunity Number CDC RFA OE22-2203) from the Centers for Disease Control and Prevention (CDC). B. Complete all activities required and allowable under this Contract by November 30, 2027 and complete all reports by the due dates listed in Article III. C. Perform required activities intended to help meet critical infrastructure needs and make possible strategic investments that will have lasting effects on public health agencies. Recipients should prioritize recruiting and hiring staff who are from the communities and populations served. Recipients should demonstrate a commitment to diversity, health disparities, inclusion, and accessibility in their workforce recruitment and selection processes, communication, and outcomes. Required activities include: 1. Recruit and hire new public health personnel (professional, clinical, disease investigation, program and/or administrative); expand recruitment efforts; create new positions, improve hiring incentives; and create new hiring mechanisms. Personnel may be permanent full or part-time staff, temporary or term-limited staff, fellows, interns and/or contracted employees. 2. Retain public health staff, strengthen retention incentives, and create promotional opportunities (e.g., career ladders, succession planning). 3. Support and sustain the public health workforce and strengthen workplace well-being programs and expand engagement with the workforce to address their mental, emotional, and physical well-being. 4. Train new and existing public health infrastructure grant staff and improve the quality and scope of training and professional development opportunities for staff. 5. Strengthen workforce planning, systems,processes, and policies; maintain and upgrade human resource systems; identify ways to better collect and use workforce data; and identify policies that could facilitate more efficient and effective workplace development and management. 6. Strengthen support for implementation of this grant. D. Agree that funds cannot be used for research, medical or clinical supplies, fund-raising activities, construction or major renovations, to supplant existing state or federal funds for activities, to purchase vehicles of any kind(including mobile medical clinics), or to fund an award to another party or provider who is ineligible. Any furniture/cubicle or uniform/scrub purchases will require PRIOR approval by System Agency. Funds cannot be used for the preparation, distribution, or use of any material (publicity or propaganda) intended to influence the enactment or modification of any federal or state legislation or to pay the salary or expenses of grant recipients, contract recipients, or agents that aim to support or defeat the enactment of legislation, regulation, administrative action, or any Page 1 of 4 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ATTACHMENT A STATEMENT OF WORK Strengthening U.S. Public Health Infrastructure,Workforce, and Data Systems executive order proposed or pending before a legislative body beyond normal, recognized executive relationships. E. Comply with all applicable regulations, standards, and guidelines in effect on the beginning date of this Contract and as may be amended throughout the Grant Agreement term. F. Maintain an inventory of equipment, supplies defined as controlled assets, and real property that were purchased with grant funds. Grantee shall submit an annual cumulative report of the equipment, controlled assets and other property on HHS System Agency Grantee's Property Inventory Report form to the assigned System Agency Contract Manager by email not later than October 15 of each year. Controlled assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled assets are considered supplies. Equipment includes tangible nonexpendable personal property with an acquisition cost of$5,000 or more and a useful life of more than one year. G. For budget transfers, submit a revised Categorical Budget Form to the System Agency Contract Manager, highlighting the areas affected. Transferring funds between budget categories, other than the equipment and indirect cost categories, is allowable, but requires prior approval by System Agency and cannot exceed 25% of the total annual Contract value for each period ending on November 30. If the budget transfer(s) exceeds 25% of the total annual Contract value for a Contract period ending on November 30, alone or cumulatively, a Contract amendment is required. After review, the System Agency Contract Manager shall provide notification of acceptance or disallowance to Grantee via email. If approved, the revised budget shall be deemed incorporated into the Contract. IL PERFORMANCE MEASURES System Agency will monitor the Grantee's performance of the requirements in this Statement of Work and compliance with the Contract's terms and conditions. System Agency will develop performance measures in collaboration with the Grantee. III. REPORTING REQUIREMENTS A. Grantee shall be required to submit the reports detailed below, together with any additional reports requested by System Agency as necessary to accomplish the objectives of and monitor compliance with this Contract. Grantee must submit reports in a format specified by the System Agency. B. Grantee will provide and submit written reports, by electronic mail, in the format specified Page 2 of 4 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ATTACHMENT A STATEMENT OF WORK Strengthening U.S. Public Health Infrastructure,Workforce, and Data Systems by System Agency. Grantee shall maintain the source documentation used to develop the reports. All written reports should be titled with the Grantee name, address, email address, telephone number, program name, contract or purchase order number, dates services were completed and/or products were delivered, the time period of the report, total invoice amount, and invoices paid to subgrantees for services received. Submit local health entity Strengthening U.S. Public Health Infrastructure, Workforce, and Data Systems progress reports and spend plans within the established timeframe designated by the System Agency, using the template provided by System Agency. Progress reports must include status updates on program activities and reporting progress through financial reports. Failure to submit a required report or additional requested information by the due dates provided by System Agency or upon request constitutes breach of contract and may result in delay of payment or cancellation of the Grant Agreement. Reports should be sent electronically to DSHSPHInfrastructureCo-Aggdshs.texas.com and the assigned Contract Manager. Report Frequency Due Date Program and Financial Twice per calendar year June 10 and December 10 Progress Reports Final Performance Report End of Contract January 15, 2028 Invoices/Requests for Once per month The last business day of the month Reimbursement following the month in which expenses were incurred Grantee's Property Once per year October 15 annually through 2027 Inventory Report C. Submit the final performance report listed above that describes progress toward achieving the objectives and deliverables contained in this Contract to DSHSPHInfrastructureCo- Aggdshs.texas.com and the assigned Contract Manager by January 15, 2028 (45 days after end of Contract period), using the template provided by System Agency. IV. INVOICE AND PAYMENT A. Grantee shall submit requests for reimbursement of required services/deliverables monthly using the State of Texas Purchase Voucher (Form B-13), together with supporting documentation as directed by System Agency. Forms should be mailed,faxed or e-mailed to the addresses below. Invoices will be due the last business day of the month following the month in which expenses were incurred. B. Grantee shall submit a Financial Status Report(FSR)twice per calendar year for the term of the Contract, beginning on the effective date of the Contract through November 30, 2027. Page 3 of 4 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ATTACHMENT A STATEMENT OF WORK Strengthening U.S. Public Health Infrastructure,Workforce, and Data Systems Contract FSR Period 1 FSR Period 2 FSR 1 Due FSR 2 Due Year Dates Dates 1 Effective Date - May June 30 2023 June 1, 2023 - December 30, 31, 2023 November 30, 2023 2023 2 December 1, 2023 - June 30 2024 June 1, 2024 - December 30, May 31, 2024 November 30, 2024 2024 3 December 1, 2024 - June 30 2025 June 1, 2025 - December 30, May 31, 2025 November 30, 2025 2025 4 December 1, 2025 - June 30 2026 June 1, 2026 - December 30, May 31, 2026 November 30, 2026 2026 5 December 1, 2026 - June 30 2027 June 1, 2027 - January 15, May 31, 2027 November 30, 2027 2028 All reporting documents must be submitted by e-mail, fax, or mail. E-mail is preferred,but fax or mail is acceptable. 1. For submission by mail, use address below: Department of State Health Services Claims Processing Unit, MC 1940 P.O. Box 149347 Austin, TX 78714-9347 2. For submission by fax, use number below: (512)458-7442 3. For submission by e-mail, see requirements below: a. Form B-13 with supporting documentation and Form B-13A must be sent to invoi cesgdshs.texas.gov & CM Slnvoi cesgdshs.texas.gov, with a copy to the System Agency contract manager. b. FSR must be sent to: invoicesgdshs.texas.gov; FSRGrantsgdshs.texas.gov; and with a copy to the System Agency contract manager. C. Grantee will be reimbursed monthly in accordance with Attachment B, Budget, subject to all Contract requirements, applicable law and governing regulations. Grantee shall include required and appropriate documentation with all reimbursement requests. Page 4 of 4 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 ATTACHMENT B BUDGET System System System System System Budget Agency Agency Agency Agency Agency Summary Categories Funding Funding Funding Funding Funding Year 1 Year 2 Year 3 Year 4 Year 5 Personnel $306,000.00 $306,000.00 $306,000.00 $306,000.00 $306,000.00 $1,530,000.00 Fringe $122,477.00 $122,492.00 $122,492.00 $122,492.00 $122,492.00 $612,445.00 Benefits Travel $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $7,307.00 $0.00 $0.00 $0.00 $7,307.00 Supplies $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other $208,810.00 $201,490.00 $208,797.00 $208,797.00 $208,797.00 $1,036,691.00 Total Direct $637,287.00 $637,289.00 $637,289.00 $637,289.00 $637,289.00 $3,186,443.00 Costs Indirect Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Sum of Direct and $637,287.00 $637,289.00 $637,289.00 $637,289.00 $637,289.00 $3,186,443.00 Indirect Costs DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 HEALTH AND HUMAN SERVICES Contract Number HHS001310000001 Attachment C CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors and Grantees (referred to as"Contractor") regardless of their business form (e.g., individual,partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders,partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 1 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 5. Assignment A. Contractor shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from System Agency. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign,pledge, or transfer the Contract. Upon receipt of System Agency's notice of assignment,pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment,pledge, or transfer, at no cost to System Agency or to the recipient entity. 6. Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS' terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. 7. HHS Right to Use Contractor agrees that HHS has the right to use,produce, and distribute copies of and to disclose to HHS employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 11. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 2 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. If the certification is shown to be false, Contractor may be liable for additional costs and damages set out in 231.006(f). 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SANT) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, "published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not(1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or(3) a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 3 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 24. Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 25. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 4 of 13 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 26. Restricted Employment for Certain State Personnel Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 27. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor's provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to System Agency. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by System Agency as a potential conflict. System Agency reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by System Agency's decision. 28. Fraud,Waste, and Abuse Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor's Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: • SAO Toll Free Hotline: 1-800-TX-AUDIT • SAO website: http://sao.fraud.state.tx.us/ All reports made to the OIG must be made through one of the following avenues: Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 5 of 13 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 • OIG Toll Free Hotline 1-800-436-6184 • OIG Website: ReportTexasFraud.com • Internal Affairs Email: InternalAffalrsReferral@hhsc.state.tx.us • OIG Hotline Email: OIGFraudHotline@hhsc.state.tx.us. • OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200 29. Antitrust The undersigned affirms under penalty of perjury of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. 30. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. In addition, Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5)business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 6 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 31. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 32. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 33. Entities that Boycott Israel Contractor represents and warrants that(1) it does not, and shall not for the duration of the Contract, boycott Israel or(2)the verification required by Section 2271.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 34. E-Verify Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of this Contract to determine the eligibility of: 1. all persons employed by Contractor to perform duties within Texas; and 2. all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 35. Former Agency Employees—Certain Contracts If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, in accordance with Section 2252.901 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor's employees including, but not limited to, those authorized to provide services under the Contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the Contract. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 7 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 36. Disclosure of Prior State Employment—Consulting Services If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, System Agency or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct, and complete: 1. Name of individual(s) (Contractor or employee(s)); 2. Status; 3. The nature of the previous employment with HHSC or the other State of Texas agency; 4. The date the employment was terminated and the reason for the termination; and 5. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by System Agency or any other State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services. 37. Abortion Funding Limitation Contractor understands, acknowledges, and agrees that,pursuant to Article IX of the General Appropriations Act(the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: 1. performs an abortion procedure that is not reimbursable under the state's Medicaid program; 2. is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program; or 3. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX. 38. Funding Eligibility Contractor understands, acknowledges, and agrees that,pursuant to Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 8 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 39. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment(2 CFR 200.216) Contractor certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract or funding pursuant to 2 CFR 200.216. 40. COVID-19 Vaccine Passports Pursuant to Texas Health and Safety Code, Section 161.0085(c), Contractor certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Contractor's business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state-funded contract. 41. Entities that Boycott Energy Companies In accordance with Senate Bill 13, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies boycotting certain energy companies), Contractor represents and warrants that: (1) it does not, and will not for the duration of the Contract, boycott energy companies or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 42. Entities that Discriminate Against Firearm and Ammunition Industries In accordance with Senate Bill 19, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies that discriminate against firearm and ammunition industries), Contractor verifies that: (1) it does not, and will not for the duration of the Contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 43. Security Controls for State Agency Data In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S.,pursuant to Texas Government Code, Section 2054.138, Contractor understands, acknowledges, and agrees that if,pursuant to this Contract, Contractor is or will be authorized to access, transmit, use, or store data for System Agency, Contractor is required to meet the security controls the System Agency determines are proportionate with System Agency's risk under the Contract based on the sensitivity of System Agency's data and that Contractor must periodically provide to System Agency evidence that Contractor meets the security controls required under the Contract. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 9 of 13 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 44. Cloud Computing State Risk and Authorization Management Program (TX-RAMP) In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S.,pursuant to Texas Government Code, Section 2054.0593, Contractor acknowledges and agrees that, if providing cloud computing services for System Agency, Contractor must comply with the requirements of the state risk and authorization management program and that System Agency may not enter or renew a contract with Contractor to purchase cloud computing services for the agency that are subject to the state risk and authorization management program unless Contractor demonstrates compliance with program requirements. If providing cloud computing services for System Agency that are subject to the state risk and authorization management program, Contractor certifies it will maintain program compliance and certification throughout the term of the Contract. 45. Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 46. Contract for Professional Services of Physicians, Optometrists, and Registered Nurses In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2254.008(a)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 47. Foreign-Owned Companies in Connection with Critical Infrastructure If Texas Government Code, Section 2274.0102(a)(1) (relating to prohibition on contracts with certain foreign-owned companies in connection with critical infrastructure) is applicable to this Contract, pursuant to Government Code Section 2274.0102, Contractor certifies that neither it nor its parent company, nor any affiliate of Contractor or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or(2) headquartered in any of those countries. 48. Critical Infrastructure Subcontracts For purposes of this Paragraph, the designated countries are China, Iran, North Korea, Russia, and any countries lawfully designated by the Governor as a threat to critical infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code, Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business and Commerce Code, in this state, other than access specifically allowed for product warranty and support purposes to any subcontractor unless (i)neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is majority owned or controlled by citizens or governmental entities of a designated country; and(ii) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is headquartered in a designated country. Contractor will notify the System Agency before entering into any subcontract that will provide direct or remote Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 10 of 13 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business & Commerce Code, in this state. 49. Enforcement of Certain Federal Firearms Laws Prohibited In accordance with House Bill 957, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2.101 is applicable to Contractor, Contractor certifies that it is not ineligible to receive state grant funds pursuant to Texas Government Code, Section 2.103. 50. Prohibition on Abortions Contractor understands, acknowledges, and agrees that,pursuant to Article 11 of the General Appropriations Act, (1)no funds shall be used to pay the direct or indirect costs (including marketing, overhead, rent,phones, and utilities) of abortion procedures provided by contractors of HHSC; and (2)no funds appropriated for Medicaid Family Planning, Healthy Texas Women Program, or the Family Planning Program shall be distributed to individuals or entities that perform elective abortion procedures or that contract with or provide funds to individuals or entities for the performance of elective abortion procedures. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article II. 51. False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 52. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 53. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 54. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 11 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 55. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15). 56. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. Signature Page Follows Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 12 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 Authorized representative on behalf of Contractor must complete and sign the following: Dr.Fauzia Khan Legal Name of Contractor Corpus Christi-Neuces County Public Health District Assumed Business Name of Contractor, if applicable (d/b/a or `doing business as') N/A Texas County(s) for Assumed Business Name (d/b/a or `doing business as') Attach Assumed Name Certificate(s) filed with the Texas Secretary of State and Assumed Name Certificate(s),if any, for each Texas County Where Assumed Name Certificate(s) has been filed. DocuSigned by: FmAejt-61 I_' March 22,2023 v�D �nAuthorized Representative Date Signed Fauzia Khan Public Health Director Printed Name of Authorized Representative Title of Authorized Representative First,Middle Name or Initial, and Last Name 1702 Horne Road Corpus Christi,78416 Physical Street Address City, State,Zip Code N/A N/A Mailing Address, if different City, State,Zip Code (361)826-7202 3618261343 Phone Number Fax Number fauziak@cctexas.com 069457786 Email Address DUNS Number 74-6000574 0746000574-1027 Federal Employer Identification Number Texas Identification Number (TIN) Texas Franchise Tax Number Texas Secretary of State Filing Number SAM.gov Unique Entity Identifier (UEI) Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 13 of 13 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 TEv..A.S Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.2 Published and Effective — July 2022 Responsible Office: Chief Counsel DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 ABOUT THIS DOCUMENT In this document, Grantees(also referred to in this document as subrecipients or contractors)will find requirements and conditions applicable to grant funds administered and passed-through by both the Texas Health and Human Services Commission(HHSC) and the Department of State Health Services(DSHS). These requirements and conditions are incorporated into the Grant Agreement through acceptance by Grantee of any funding award by HHSC or DSHS. The terms and conditions in this document are in addition to all requirements listed in the RFA,if any,under which applications for this grant award are accepted, as well as all applicable federal and state laws and regulations. Applicable federal and state laws and regulations may include,but are not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; requirements of the entity that awarded the funds to HHS; Chapter 783 of the Texas Government Code; Texas Comptroller of Public Accounts' agency rules (including Uniform Grant and Contract Standards set forth in Title 34,Part 1, Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code);the Texas Grant Management Standards(TxGMS)developed by the Texas Comptroller of Public Accounts; and the Funding Announcement, Solicitation,or other instrument/documentation under which HHS was awarded funds. HHS,in its sole discretion,reserves the right to add requirements,terms,or conditions. HHS Uniform Terms and Conditions—Grant v 3.2 Effective July 2022 Page 2 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 TABLE OF CONTENTS ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS........................... 6 1.1 DEFINITIONS ......................................................................................................... 6 1.2 INTERPRETIVE PROVISIONS.................................................................................. 7 ARTICLE II. PAYMENT PROVISIONS......................................................................... 8 2.1 PROMPT PAYMENT................................................................................................ 8 2.2 TAXES.................................................................................................................... 8 2.3 ANCILLARY AND TRAVEL EXPENSES ................................................................... 9 2.4 BILLING................................................................................................................. 9 2.5 USE OF FUNDS....................................................................................................... 9 2.6 USE FOR MATCH PROHIBITED.............................................................................. 9 2.7 PROGRAM INCOME ............................................................................................... 9 2.8 NONSUPPLANTING................................................................................................. 9 2.9 INDIRECT COST RATES....................................................................................... 10 ARTICLE III. STATE AND FEDERAL FUNDING..................................................... 10 3.1 EXCESS OBLIGATIONS PROHIBITED................................................................... 10 3.2 NO DEBT AGAINST THE STATE........................................................................... 10 3.3 DEBTS AND DELINQUENCIES .............................................................................. 10 3.4 REFUNDS AND OVERPAYMENTS ......................................................................... 10 ARTICLE IV.ALLOWABLE COSTS AND AUDIT REQUIREMENTS.................. 11 4.1 ALLOWABLE COSTS............................................................................................ 11 4.2 AUDITS AND FINANCIAL STATEMENTS............................................................... 11 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS .................................... 12 ARTICLE V.WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS........................................................................................................... 12 5.1 WARRANTY......................................................................................................... 12 5.2 GENERAL AFFIRMATIONS................................................................................... 13 5.3 FEDERAL ASSURANCES....................................................................................... 13 5.4 FEDERAL CERTIFICATIONS ................................................................................ 13 5.5 STATE ASSURANCES............................................................................................ 13 HHS Uniform Terms and Conditions—Grant v 3.2 Effective July 2022 Page 3 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ARTICLE VI. INTELLECTUAL PROPERTY............................................................. 13 6.1 OWNERSHIP OF WORK PRODUCT....................................................................... 13 6.2 GRANTEE'S PRE-EXISTING WORKS................................................................... 14 6.3 THIRD PARTY IP................................................................................................. 14 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS............................... 14 6.5 DELIVERY UPON TERMINATION OR EXPIRATION.............................................. 15 6.6 SURVIVAL............................................................................................................ 15 6.7 SYSTEM AGENCY DATA...................................................................................... 15 ARTICLE VII. PROPERTY............................................................................................ 15 7.1 USE OF STATE PROPERTY................................................................................... 15 7.2 DAMAGE TO STATE PROPERTY.......................................................................... 16 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT....... 16 7.4 EQUIPMENT AND PROPERTY............................................................................... 16 ARTICLE VIII. RECORD RETENTION,AUDIT,AND CONFIDENTIALITY..... 17 8.1 RECORD MAINTENANCE AND RETENTION......................................................... 17 8.2 AGENCY'S RIGHT TO AUDIT............................................................................... 17 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS ................... 18 8.4 STATE AUDITOR'S RIGHT TO AUDIT.................................................................. 18 8.5 CONFIDENTIALITY.............................................................................................. 18 ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES...................................................................................................................... 19 9.1 REMEDIES............................................................................................................ 19 9.2 TERMINATION FOR CONVENIENCE .................................................................... 19 9.3 TERMINATION FOR CAUSE ................................................................................. 19 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS.... 20 9.5 INHERENTLY RELIGIOUS ACTIVITIES................................................................ 20 9.6 POLITICAL ACTIVITIES....................................................................................... 20 ARTICLE X. INDEMNITY.............................................................................................. 21 10.1 GENERAL INDEMNITY......................................................................................... 21 10.2 INTELLECTUAL PROPERTY................................................................................. 21 10.3 ADDITIONAL INDEMNITY PROVISIONS............................................................... 22 ARTICLE XI. GENERAL PROVISIONS...................................................................... 22 11.1 AMENDMENTS..................................................................................................... 22 11.2 NO QUANTITY GUARANTEES.............................................................................. 22 HHS Uniform Terms and Conditions-Grant v 3.2 Effective July 2022 Page 4 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 11.3 CHILD ABUSE REPORTING REQUIREMENTS...................................................... 22 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS.......................................................................... 23 11.5 INSURANCE AND BONDS...................................................................................... 23 11.6 LIMITATION ON AUTHORITY.............................................................................. 23 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS............................................ 24 11.8 SUBCONTRACTORS.............................................................................................. 24 11.9 PERMITTING AND LICENSURE ............................................................................ 24 11.10 INDEPENDENT CONTRACTOR............................................................................. 24 11.11 GOVERNING LAW AND VENUE ........................................................................... 25 11.12 SEVERABILITY..................................................................................................... 25 11.13 SURVIVABILITY................................................................................................... 25 11.14 FORCE MA.IEURE ................................................................................................ 25 11.15 NO IMPLIED WAIVER OF PROVISIONS ............................................................... 26 11.16 FUNDING DISCLAIMERS AND LABELING............................................................ 26 11.17 MEDIA RELEASES ............................................................................................... 26 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS ............................................. 26 11.19 SOVEREIGN IMMUNITY....................................................................................... 26 11.20 ENTIRE CONTRACT AND MODIFICATION........................................................... 27 11.21 COUNTERPARTS.................................................................................................. 27 11.22 PROPER AUTHORITY........................................................................................... 27 11.23 E-VERIFY PROGRAM .......................................................................................... 27 11.24 CIVIL RIGHTS...................................................................................................... 27 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS ................................. 28 11.26 DISCLOSURE OF LITIGATION.............................................................................. 28 11.27 NO THIRD PARTY BENEFICIARIES ..................................................................... 29 11.28 BINDING EFFECT................................................................................................. 29 HHS Uniform Terms and Conditions-Grant v 3.2 Effective July 2022 Page 5 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Grant Agreement, unless a different definition is specified, or the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment'' means a written agreement, signed by the Parties, which documents changes to the Grant Agreement. "Contract" or"Grant Agreement''means the agreement entered into by the Parties, including the Signature Document,these Uniform Terms and Conditions,along with any attachments and amendments that may be issued by the System Agency. "Deliverables" means the goods, services, and work product, including all reports and project documentation, required to be provided by Grantee to the System Agency. "DSHS" means the Department of State Health Services. "Effective Date" means the date on which the Grant Agreement takes effect. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Grant Agreement. May also be referred to as "subrecipient" or "contractor" in this document. "HHSC" means the Texas Health and Human Services Commission. "Health and Human Services" or"HHS" includes HHSC and DSHS. "Intellectual Prope . Rights" means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such right may be evidenced by or embodied in: i. any idea, design, concept,personality right, method,process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work,pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. "Parties" means the System Agency and Grantee, collectively. "Pte" means either the System Agency or Grantee, individually. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 6 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 "Project"means specific activities of the Grantee that are supported by funds provided under this Grant Agreement. "Signature Document" means the document executed by all Parties for this Grant Agreement. "Solicitation," "Funding Announcement'' or"Request for Applications (RFA)" means the document(including all exhibits, attachments, and published addenda), issued by the System Agency under which applications for grant funds were requested, which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "Solicitation Response" or"Application" means Grantee's full and complete Solicitation response (including any attachments and addenda), which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas TextraveT' means the Texas Comptroller of Public Accounts' state travel rules,policies, and guidelines. "Statement of Work"means the description of activities Grantee must perform to complete the Project, as specified in the Grant Agreement and as may be amended. "System Agency"means HHSC or DSHS,as applicable. "Work Product" means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software,programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed,produced, generated or provided by Grantee in connection with Grantee's performance of its duties under the Grant Agreement or through use of any funding provided under this Grant Agreement. "Texas Grant Management Standards" or"TxGMS" means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise provided by applicable law or directed by System Agency. Additionally, except as otherwise provided by applicable law, in the event of a conflict between TxGMS and applicable federal or state law, federal law prevails over state law and state law prevails over TxGMS. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof," "herein," "hereunder," and similar words refer to this Grant Agreement as a whole and not to any particular provision, section, attachment, or schedule of this Grant Agreement unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Grant Agreement, (i)references to contracts HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 7 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (including this Grant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Grant Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Grant Agreement are references to these documents as amended, modified, or supplemented during the term of the Grant Agreement. E. The captions and headings of this Grant Agreement are for convenience of reference only and do not affect the interpretation of this Grant Agreement. F. All attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Grant Agreement. G. This Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." I. Time is of the essence in this Grant Agreement. J. Prior to execution of the Grant Agreement, Grantee must notify System Agency's designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict, discrepancy, omission or other error in the Grant Agreement prior to Grantee's execution of the Grant Agreement, Grantee: i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement, relief, or time by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction. ARTICLE II. PAYMENT PROVISIONS 2.1 PROMPT PAYMENT Payment shall be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment. 2.2 TAXES Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from the Grant Agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of Grantee or its employees. System Agency shall not be liable for any taxes resulting from the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 8 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 2.3 ANCILLARY AND TRAVEL EXPENSES A. Except as otherwise provided in the Grant Agreement, no ancillary expenses incurred by the Grantee in connection with its provision of the services or deliverables will be reimbursed by the System Agency. Ancillary expenses include,but are not limited to, costs associated with transportation, delivery, and insurance for each deliverable. B. Except as otherwise provided in the Grant Agreement, when the reimbursement of travel expenses is authorized by the Grant Agreement, all such expenses will be reimbursed in accordance with the rates set by the Texas Comptroller's Textravel guidelines, which can currently be accessed at: https://fmx.cpa.texas.gov/fmx/travel/textravel/. 2.4 BILLING Unless otherwise provided in the Grant Agreement, Grantee shall bill the System Agency in accordance with the Grant Agreement. Unless otherwise specified in the Grant Agreement, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.5 USE OF FUNDS Grantee shall expend funds under this Grant Agreement only for approved services and for reasonable and allowable expenses directly related to those services. 2.6 USE FOR MATCH PROHIBITED Grantee shall not use funds provided under this Grant Agreement for matching purposes in securing other funding without the written approval of the System Agency. 2.7 PROGRAM INCOME Program income refers to gross income directly generated by a supporting activity during the period of performance. Unless otherwise required under the Grant Agreement, Grantee shall use Program Income, as provided in TxGMS, to further the Project, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report Program Income in accordance with the Grant Agreement, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Grant Agreement term, when earned, and may not carry Program Income forward to any succeeding term. Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using Program Income for the purposes and under the conditions specified in this Grant Agreement. 2.8 NONSUPPLANTING Grant funds must be used to supplement existing, new or corresponding programming and related activities. Grant funds may not be used to supplant(replace) existing funds that have been appropriated, allocated, or disbursed for the same purpose. System Agency may conduct Grant monitoring or audits may be conducted to review, among other things, Grantee's compliance with this provision. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 9 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 2.9 INDIRECT COST RATES The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable Grant Agreements. For subrecipients receiving federal funds, indirect cost rates will be determined in accordance with applicable law including, but not limited to, 2 CFR 200.414(f). For recipients receiving state funds, indirect costs will be determined in accordance with applicable law including, but not limited to, TxGMS. Grantees funded with blended federal and state funding will be subject to both state and federal requirements when determining indirect costs. In the event of a conflict between TxGMS and applicable federal law or regulation, the provisions of federal law or regulation will apply.-Grantee will provide any necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance (UGG) and TxGMS. ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED This Grant Agreement is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability and actual receipt by System Agency of state or federal funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Grantee's delivery or performance under the Grant Agreement impossible or unnecessary, the Grant Agreement will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages that are caused or associated with such termination or cancellation, and System Agency will not be required to give prior notice. Additionally, System Agency will not be liable to Grantee for any remaining unpaid funds under this Grant Agreement at time of termination. 3.2 NO DEBT AGAINST THE STATE This Grant Agreement will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBTS AND DELINQUENCIES Grantee agrees that any payments due under the Grant Agreement shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support during the entirety of the Grant Agreement term. 3.4 REFUNDS AND OVERPAYMENTS A. At its sole discretion, the System Agency may (i)withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s) is not submitted by the due date(s); or(ii)require Grantee to promptly refund or credit-within thirty (30) calendar days of written notice— to System Agency any funds erroneously paid by System Agency which are not expressly authorized under the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 10 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 B. "Overpayments" as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates;(ii)that are not allowed under applicable laws, rules, or regulations; or(iii)that are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures. Grantee understands and agrees that it shall be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Grant Agreement. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Grant Agreement. ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.1 ALLOWABLE COSTS A. Allowable Costs are restricted to costs that are authorized under Texas Uniform Grant Management Standards (TxGMS) and applicable state and federal rules and laws. This Grant Agreement is subject to all applicable requirements of TxGMS, including the criteria for Allowable Costs. Additional federal requirements apply if this Grant Agreement is funded, in whole or in part, with federal funds. B. System Agency will reimburse Grantee for actual, allowable, and allocable costs incurred by Grantee in performing the Project,provided the costs are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Grant Agreement. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from remaining funds available under this Grant Agreement in amounts necessary to fulfill Grantee's repayment obligations. Grantee and all payments received by Grantee under this Grant Agreement are subject to applicable cost principles, audit requirements, and administrative requirements including applicable provisions under 2 CFR 200, 48 CFR Part 31, and TxGMS. C. OMB Circulars will be applied with the modifications prescribed by TxGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. Grantee understands and agrees that Grantee is subject to any and all applicable audit requirements found in state or federal law or regulation or added by this Grant Agreement ii. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee maybe subject to sanctions and remedies for non-compliance. iii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The federal HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 11 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 threshold amount includes federal funds passed through by way of state agency awards. iv. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in state funds awarded, Grantee shall have a single audit or program-specific audit in accordance with TxGMS. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and TxGMS. v. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or TxGMS, as applicable, for their program-specific audits. vi. Each Grantee required to obtain a single audit must competitively re-procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with applicable provisions of 2 CFR 200 and TxGMS. B. Financial Statements. Each Grantee that does not meet the expenditure threshold for a single audit or program- specific audit, must provide financial statements for the audit period. 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS A. Audits. Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit one electronic copy of the single audit or program-specific audit to the System Agency via: i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau or, ii. Email to: single_audit_repoy2hhsc.state.tx.us. B. Financial Statements. Due no later than nine months after the Grantee's fiscal year-end, Grantees not required to submit an audit, shall submit one electronic copy of their financial statements via: i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single audit repog2hhsc.state.tx.us. ARTICLE V. WARRANTY, AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.1 WARRANTY Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement;and all deliverables shall be fit for ordinary use,of good quality, and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement, the System Agency may require Grantee, at its sole expense, to: i. Repair or replace all defective or damaged work; ii. Refund any payment Grantee received from System Agency for all defective or damaged work and, in conjunction therewith, require Grantee to accept the return of such work; and, HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 12 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 iii. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requirements. 5.2 GENERAL AFFIRMATIONS Grantee certifies that, to the extent affirmations are incorporated into the Grant Agreement, the Grantee has reviewed the affirmations and that Grantee is in compliance with all requirements. 5.3 FEDERAL ASSURANCES Grantee further certifies that, to the extent federal assurances are incorporated into the Grant Agreement, the Grantee has reviewed the federal assurances and that Grantee is in compliance with all requirements. 5.4 FEDERAL CERTIFICATIONS Grantee further certifies that, to the extent federal certifications are incorporated into the Grant Agreement, the Grantee has reviewed the federal certifications and that Grantee is in compliance with all requirements. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, and regulations, as they may pertain to this Grant Agreement. 5.5 STATE ASSURANCES Except to the extent of any conflict under applicable law or requirements or guidelines of any federal awarding agency from which funding for this Grant Agreement originated, the Grantee must comply with the applicable state assurances included within the TxGMS which are incorporated here by reference. ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT A. All right, title, and interest in the Work Product, including all Intellectual Property Rights therein,is exclusively owned by System Agency. Grantee and Grantee's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a"work made for hire" under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income,royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past,present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. C. Grantee agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 13 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 D. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license, with the right to sublicense, to reproduce, distribute, modify, create derivative works of,publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that are incorporated in the Work Product by Grantee. Grantee shall provide System Agency access during normal business hours to all Grantee materials,premises, and computer files containing the Work Product. 6.2 GRANTEE'S PRE-EXISTING WORKS A. To the extent that Grantee incorporates into the Work Product any works of Grantee that were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Grant Agreement("Incorporated Pre-existing Works"), Grantee retains ownership of such Incorporated Pre-existing Works. B. Grantee hereby grants to System Agency an irrevocable,perpetual,non-exclusive, royalty-free,transferable,worldwide right and license, with the right to sublicense, to use, reproduce, modify, copy, create derivative works of,publish,publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in any medium, with or without the associated Work Product. C. Grantee represents, warrants, and covenants to System Agency that Grantee has all necessary right and authority to grant the foregoing license in the Incorporated Pre- existing Works to System Agency. 6.3 THIRD PARTY IP A. To the extent that any Third Party IP is included or incorporated in the Work Product by Grantee, Grantee hereby grants to System Agency, or shall obtain from the applicable third party for System Agency's benefit, the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license, for System Agency's internal business or governmental purposes only, to use, reproduce, display,perform, distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and to authorize others to do any or all of the foregoing. B. Grantee shall obtain System Agency's advance written approval prior to incorporating any Third Party IP into the Work Product, and Grantee shall notify System Agency on delivery of the Work Product if such materials include any Third Party IP. C. Grantee shall provide System Agency all supporting documentation demonstrating Grantee's compliance with this Section 6.3,including without limitation documentation indicating a third party's written approval for Grantee to use any Third Party IP that may be incorporated in the Work Product. 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee's obligations under this Article VI, Intellectual Property. HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 14 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 6.5 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Grant Agreement or upon System Agency's request, Grantee shall deliver to System Agency all completed, or partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Grantee's failure to timely deliver such Work Product is a material breach of the Grant Agreement. Grantee will not retain any copies of the Work Product or any documentation or other products or results of Grantee's activities under the Grant Agreement without the prior written consent of System Agency. 6.6 SURVIVAL The provisions and obligations of this Article survive any termination or expiration of the Grant Agreement. 6.7 SYSTEM AGENCY DATA A. As between the Parties, all data and information acquired, accessed, or made available to Grantee by, through, or on behalf of System Agency or System Agency contractors, including all electronic data generated,processed, transmitted, or stored by Grantee in the course of providing data processing services in connection with Grantee's performance hereunder(the"System Agency Data"), is owned solely by System Agency. B. Grantee has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Grantee to fulfill its obligations under the Grant Agreement or as authorized in advance in writing by System Agency. C. For the avoidance of doubt, Grantee is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. D. Grantee shall make System Agency Data available to System Agency, including to System Agency's designated vendors, as directed in writing by System Agency. The foregoing shall be at no cost to System Agency. E. Furthermore, the proprietary nature of Grantee's systems that process, store, collect, and/or transmit the System Agency Data shall not excuse Grantee's performance of its obligations hereunder. ARTICLE VII. PROPERTY 7.1 USE OF STATE PROPERTY A. Grantee is prohibited from using State Property for any purpose other than performing Services authorized under the Grant Agreement. B. State Property includes, but is not limited to, System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops,portable printers, cell phones, iPads or tablets, external hard drives, data storage devices, any System Agency-issued software, and the System Agency Virtual Private Network(VPN client)), and any other resources of System Agency. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 15 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 C. Grantee shall not remove State Property from the continental United States. In addition, Grantee may not use any computing device to access System Agency's network or e- mail while outside of the continental United States. D. Grantee shall not perform any maintenance services on State Property unless the Grant Agreement expressly authorizes such Services. E. During the time that State Property is in the possession of Grantee, Grantee shall be responsible for: i. all repair and replacement charges incurred by State Agency that are associated with loss of State Property or damage beyond normal wear and tear, and ii. all charges attributable to Grantee's use of State Property that exceeds the Grant Agreement scope. Grantee shall fully reimburse such charges to System Agency within ten(10) calendar days of Grantee's receipt of System Agency's notice of amount due. Use of State Property for a purpose not authorized by the Grant Agreement shall constitute breach of contract and may result in termination of the Grant Agreement and the pursuit of other remedies available to System Agency under contract, at law, or in equity. 7.2 DAMAGE TO STATE PROPERTY A. In the event of loss,destruction, or damage to any System Agency or State of Texas owned, leased, or occupied property or equipment by Grantee or Grantee's employees, agents, Subcontractors, or suppliers, Grantee shall be liable to System Agency and the State of Texas for the full cost of repair, reconstruction, or replacement of the lost, destroyed, or damaged property. B. Grantee shall notify System Agency of the loss, destruction, or damage of equipment or property within one (1)business day. Grantee shall reimburse System Agency and the State of Texas for such property damage within ten(10) calendar days after Grantee's receipt of System Agency's notice of amount due. 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT In the event the Grant Agreement is terminated for any reason or expires, State Property remains the property of the System Agency and must be returned to the System Agency by the earlier of the end date of the Grant Agreement or upon System Agency's request. 7.4 EQUIPMENT AND PROPERTY A The Grantee must ensure equipment with a per-unit cost of$5,000 or greater purchased with grant funds under this award is used solely for the purpose of this Grant or is properly pro-rated for use under this Grant. Grantee must have control systems to prevent loss, damage, or theft of property funded under this Grant. Grantee shall maintain equipment management and inventory procedures for equipment, whether acquired in part or whole with grant funds, until disposition occurs. R When equipment acquired by Grantee under this Grant Agreement is no longer needed for the original project or for other activities currently supported by System Agency, the Grantee must properly dispose of the equipment pursuant to 2 CFR and/or TxGMS, as applicable. Upon termination of this Grant Agreement, use and disposal of equipment by the Grantee shall conform with TxGMS requirements. C. Grantee shall initiate the purchase of all equipment approved in writing by the System Agency in accordance with the schedule approved by System Agency, as applicable. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 16 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Grant Agreement must be submitted to the assigned System Agency contract manager. D Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered supplies. E System Agency funds must not be used to purchase buildings or real property without prior written approval from System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre-approval. ARTICLE VIII. RECORD RETENTION, AUDIT, AND CONFIDENTIALITY 8.1 RECORD MAINTENANCE AND RETENTION A. Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Grant Agreement and all state and federal rules, regulations, and statutes. B. Grantee shall maintain and retain legible copies of this Grant Agreement and all records relating to the performance of the Grant Agreement, including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records shall be maintained and retained by the Grantee for a minimum of seven (7)years after the Grant Agreement expiration date or seven (7)years after all audits, claims, litigation or disputes involving the Grant Agreement are resolved, whichever is later. 8.2 AGENCY'S RIGHT TO AUDIT A. Grantee shall make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, supporting documents kept current by Grantee pertaining to the Grant Agreement for purposes of inspecting, monitoring, auditing, or evaluating by System Agency and the State of Texas. B. In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or services are performed, and all records, which includes but is not limited to financial, client and patient records, books,papers or documents related to this Grant Agreement. If the Grant Agreement includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 17 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHS's contracted examiners, the State Auditor's Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority. C. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee shall produce original documents related to this Grant Agreement. D. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. E. Grantee shall include this provision concerning the right of access to, and examination of, sites and information related to this Grant Agreement in any Subcontract it awards. 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Grant Agreement and the services and Deliverables provided. Any such correction will be at Grantee's or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHS upon request a copy of those portions of Grantee's and its Subcontractors'internal audit reports relating to the services and Deliverables provided to the State under the Grant Agreement. 8.4 STATE AUDITOR'S RIGHT TO AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. The acceptance of funds directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 8.5 CONFIDENTIALITY Grantee shall maintain as confidential and shall not disclose to third parties without System Agency's prior written consent, any System Agency information including but not limited to System Agency's business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Grant Agreement. This requirement must be included in all subcontracts awarded by Grantee. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 18 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES 9.1 REMEDIES A To ensure Grantee's full performance of the Grant Agreement and compliance with applicable law, System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, including, but not limited to the following: i. temporarily withholding cash disbursements or reimbursements pending correction of the deficiency; ii. disallowing or denying use of funds for the activity or action deemed not to be in compliance; iii. disallowing claims for reimbursement that may require a partial or whole return of previous payments or reimbursements; iv. suspending all or part of the Grant Agreement; v. requiring the Grantee to take specific actions in order to remain in compliance with the Grant Agreement; vi. recouping payments made by the System Agency to the Grantee found to be in error; vii. suspending, limiting, or placing conditions on the Grantee's continued performance of the Project; viii. prohibiting the Grantee from receiving additional funds for other grant programs administered by the System Agency until satisfactory compliance resolution is obtained; ix. withholding release of new grant agreements; and x. imposing any other remedies, sanctions or penalties authorized under this Grant Agreement or permitted by federal or state statute, law, regulation or rule. B. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended. C. No action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as a waiver of any other rights or remedies available to System Agency under the Grant Agreement or pursuant to law. Additionally, no action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as an acceptance, waiver, or cure of Grantee's breach. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended or after termination. 9.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Grant Agreement, in whole or in part, at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency's notice of termination. 9.3 TERMINATION FOR CAUSE A. Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Grant Agreement, in whole or in part,upon either of the following conditions: HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 19 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 i. Material Breach The System Agency may terminate the Grant Agreement, in whole or in part, if the System Agency determines, in its sole discretion, that Grantee has materially breached the Grant Agreement or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, whether or not such violation prevents or substantially impairs performance of Grantee's duties under the Grant Agreement. Grantee's misrepresentation in any aspect including, but not limited to, of Grantee's Solicitation Application, if any, or Grantee's addition to the SAM exclusion list(identification in SAM as an excluded entity) may also constitute a material breach of the Grant Agreement. ii. Failure to Maintain Financial Viability The System Agency may terminate the Grant Agreement if the System Agency, in its sole discretion, determines that Grantee no longer maintains the financial viability required to complete the services and deliverables, or otherwise fully perform its responsibilities under the Grant Agreement. B. System Agency will specify the effective date of such termination in the notice to Grantee. If no effective date is specified, the Grant Agreement will terminate on the date of the notification. 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS If the System Agency terminates the Grant Agreement for cause, the Grantee shall be responsible to the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Grantee. These costs include, but are not limited to, the costs of procuring a substitute grantee and the cost of any claim or litigation attributable to Grantee's failure to perform any work in accordance with the terms of the Grant Agreement. 9.5 INHERENTLY RELIGIOUS ACTIVITIES Grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may engage in inherently religious activities; however, these activities must be separate in time or location from the grant- funded program. Moreover, grantees must not compel program beneficiaries to participate in inherently religious activities. These requirements apply to all grantees, not just faith-based organizations. 9.6 POLITICAL ACTIVITIES Grant funds cannot be used for the following activities: A. Grantees and their relevant sub-grantees or subcontractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying, advocating for legislation, campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties, and voter registration campaigns. Grantees may use private, or non-System Agency money or contributions for political purposes but may not charge to, or be reimbursed from, System Agency contracts or grants for the costs of such activities. B. Grant-funded employees may not use official authority or influence to achieve any political purpose and grant funds cannot be used for the salary, benefits, or any other compensation of an elected official. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 20 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 C. Grant funds may not be used to employ, in any capacity, a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. Additionally, grant funds cannot be used to pay membership dues to an organization that partially or wholly pays the salary of a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. D. As applicable, Grantee will comply with 31 USC § 1352, relating to the limitation on use of appropriated funds to influence certain Federal contracting and financial transactions. ARTICLE X. INDEMNITY 10.1 GENERAL INDEMNITY A. GRANTEE SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY,AND/OR THEIR OFFICERS, AGENTS,EMPLOYEES,REPRESENTATIVES, CONTRACTORS, ASSIGNEES,AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS,DEMANDS, OR SUITS,AND ALL RELATED COSTS, ATTORNEYS' FEES,AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE GRANT AGREEMENT AND ANY PURCHASE ORDERS ISSUED UNDER THE GRANT AGREEMENT. B. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE SYSTEM AGENCY OR ITS EMPLOYEES. C. For the avoidance of doubt,System Agency shall not indemnify Grantee or any other entity under the Grant Agreement. 10.2 INTELLECTUAL PROPERTY GRANTEE SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE SYSTEM AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY,PUBLICITY OR PRIVACY RIGHTS,AND/OR IN CONNECTION WITH OR ARISING FROM: i THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; i ANY DELIVERABLE,WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR R SYSTEM AGENCY'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO SYSTEM AGENCY BY GRANTEE OR OTHERWISE TO WHICH SYSTEM HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 21 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 AGENCY HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE UNDER THE GRANT AGREEMENT. 10.3 ADDITIONAL INDEMNITY PROVISIONS A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. B. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. C. GRANTEE SHALL REIMBURSE SYSTEM AGENCY AND THE STATE OF TEXAS FOR ANY CLAIMS,DAMAGES, COSTS,EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO,ATTORNEYS' FEES AND COURT COSTS,ARISING FROM ANY SUCH CLAIM. IF THE SYSTEM AGENCY DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF GRANTEE OR IF SYSTEM AGENCY IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, SYSTEM AGENCY WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND GRANTEE SHALL PAY ALL REASONABLE COSTS OF SYSTEM AGENCY'S COUNSEL. ARTICLE XI. GENERAL PROVISIONS 11.1 AMENDMENTS Except as otherwise expressly provided, the Grant Agreement may only be amended by a written Amendment executed by both Parties. 11.2 NO QUANTITY GUARANTEES The System Agency makes no guarantee of volume or usage of work under this Grant Agreement. All work requested may be on an irregular and as needed basis throughout the Grant Agreement term. 11.3 CHILD ABUSE REPORTING REQUIREMENTS A. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. B. Grantee shall use the Texas Abuse Hotline Website located at https:///www.txabusehotline.org/Login/Default.aspx as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 22 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: i. Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars,pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; ii. Designating the property to which this Policy applies as a "designated area," which must at least comprise all buildings and structures where activities funded under this Grant Agreement are taking place, as well as Grantee owned, leased, or controlled sidewalks,parking lots, walkways, and attached parking structures immediately adjacent to this designated area; iii. Applying to all employees and visitors in this designated area; and iv. Providing for or referring its employees to tobacco use cessation services. B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency. 11.5 INSURANCE AND BONDS Unless otherwise specified in this Contract, Grantee shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee shall provide evidence of insurance as required under this Contract,including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract,Grantee must produce renewal certificates for each type of coverage. In addition, if required by System Agency, Grantee must obtain and have on file a blanket fidelity bond that indemnifies System Agency against the loss or theft of any grant funds, including applicable matching funds. The fidelity bond must cover the entirety of the grant term and any subsequent renewals. The failure of Grantee to comply with these requirements may subject Grantee to remedial or corrective actions detailed in section 10.1, General Indemnity, above. These and all other insurance requirements under the Grant apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 11.6 LIMITATION ON AUTHORITY A. Grantee shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Grant Agreement; no other authority, power, or use is granted or implied. Grantee may not incur any debt, HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 23 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 obligation, expense, or liability of any kind on behalf of System Agency or the State of Texas. B. Grantee may not rely upon implied authority and is not granted authority under the Grant Agreement to: i. Make public policy on behalf of the System Agency; ii. Promulgate, amend, or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program; or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas Legislature on behalf of the System Agency regarding System Agency programs or the Grant Agreement. However, upon System Agency request and with reasonable notice from System Agency to the Grantee, the Grantee shall assist the System Agency in communications and negotiations regarding the Work under the Grant Agreement with state and federal governments. 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS Grantee shall comply with all laws, regulations, requirements and guidelines applicable to a Grantee providing services and products required by the Grant Agreement to the State of Texas, as these laws,regulations,requirements and guidelines currently exist and as amended throughout the term of the Grant Agreement. Notwithstanding Section 11.1,Amendments, above, System Agency reserves the right, in its sole discretion,to unilaterally amend the Grant Agreement to incorporate any modifications necessary for System Agency's compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines. 11.8 SUBCONTRACTORS Grantee may not subcontract any or all of the Work and/or obligations under the Grant Agreement without prior written approval of the System Agency. Subcontracts, if any, entered into by the Grantee shall be in writing and be subject to the requirements of the Grant Agreement. Should Grantee subcontract any of the services required in the Grant Agreement, Grantee expressly understands and acknowledges System Agency is in no manner liable to any subcontractor(s) of Grantee. In no event shall this provision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Grant Agreement. 11.9 PERMITTING AND LICENSURE At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Grant Agreement any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or services required by this Grant Agreement. Grantee shall be responsible for payment of all taxes, assessments, fees,premiums, permits, and licenses required by law. Grantee shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Grant Agreement. 11.10 INDEPENDENT CONTRACTOR Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and third-party service providers shall serve as independent contractors in providing the services HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 24 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 under the Grant Agreement. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. The Grantee is not a "governmental body" solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Grant Agreement shall not create any joint venture,partnership, agency, or employment relationship between Grantee and System Agency. 11.11 GOVERNING LAW AND VENUE The Grant Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Grant Agreement is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 11.12 SEVERABILITY If any provision contained in this Grant Agreement is held to be unenforceable by a court of law or equity, such construction will not affect the legality, validity, or enforceability of any other provision or provisions of this Grant Agreement. It is the intent and agreement of the Parties this Grant Agreement shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible,by substituting another provision that is valid,legal and enforceable and that achieves the same objective. All other provisions of this Grant Agreement will continue in full force and effect. 11.13 SURVIVABILITY Expiration or termination of the Grant Agreement for any reason does not release Grantee from any liability or obligation set forth in the Grant Agreement that is expressly stated to survive any such expiration or termination,that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Grant Agreement, including without limitation the provisions regarding return of grant funds, audit requirements, records retention, public information, warranty, indemnification, confidentiality, and rights and remedies upon termination. 11.14 FORCE MAJEURE Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Grant Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 25 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 11.15 NO IMPLIED WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Grant Agreement shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 11.16 FUNDING DISCLAIMERS AND LABELING A. Grantee shall not use System Agency's name or refer to System Agency directly or indirectly in any media appearance,public service announcement, or disclosure relating to this Grant Agreement including any promotional material without first obtaining written consent from System Agency. The foregoing prohibition includes, without limitation, the placement of banners, pop-up ads, or other advertisements promoting Grantee's or a third party's products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Grantee. This does not limit the Grantee's responsibility to comply with obligations related to the Texas Public Information Act or Texas Open Meetings Act. B. In general, no publication (including websites, reports,projects, etc.) may convey System Agency's recognition or endorsement of the Grantee's project without prior written approval from System Agency. Publications funded in part or wholly by HHS grant funding must include a statement that"HHS and neither any of its components operate, control, are responsible for, or necessarily endorse, this publication (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)" at HHS's request. 11.17 MEDIA RELEASES A. Grantee shall not use System Agency's name, logo, or other likeness in any press release, marketing material or other announcement without System Agency's prior written approval. System Agency does not endorse any vendor,commodity, or service. Grantee is not authorized to make or participate in any media releases or public announcements pertaining to this Grant Agreement or the Services to which they relate without System Agency's prior written consent, and then only in accordance with explicit written instruction from System Agency. B. Grantee may publish, at its sole expense, results of Grantee performance under the Grant Agreement with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements, that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 11.19 SOVEREIGN IMMUNITY Nothing in the Grant Agreement will be construed as a waiver of the System Agency's or the State's sovereign immunity. This Grant Agreement shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 26 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Grant Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Grant Agreement or by its conduct prior to or subsequent to entering into the Grant Agreement. 11.20 ENTIRE CONTRACT AND MODIFICATION The Grant Agreement constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises,representations,negotiations,discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Grant Agreement will be harmonized with this Grant Agreement to the extent possible. 11.21 COUNTERPARTS This Grant Agreement may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Grant Agreement. 11.22 PROPER AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. 11.23 E-VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: A. all persons employed to perform duties within Texas during the term of the Grant Agreement; and B. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Grant Agreement within the United States of America. 11.24 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti-discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Grant Agreement. B. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability,political beliefs, or religion, be excluded from HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 27 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15,prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: hllps://hhs.texas.gov/about-hhs/your-rights/civil-rights-office/civil//hhs.texas.gov/about-hhs/your-ri ghts/civi l-ri ghts-offi ce/civi l-ri ghts-posters. E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the Grantee's civil rights policies and procedures. G. Grantee must notify HHSC's Civil Rights Office of any complaints of discrimination received relating to its performance under this Grant Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail CodeW206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Fax: (512)438-5885 Email: HHSCivilRightsOffice@hhsc.state.tx.us. 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS Grantee shall conform to HHS standards for data management as described by the policies of the HHS Office of Data, Analytics, and Performance. These include, but are not limited to, standards for documentation and communication of data models, metadata, and other data definition methods that are required by HHS for ongoing data governance, strategic portfolio analysis, interoperability planning, and valuation of HHS System data assets. 11.26 DISCLOSURE OF LITIGATION A. The Grantee must disclose in writing to the contract manager assigned to this Grant Agreement any material civil or criminal litigation or indictment either threatened or HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 28 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 pending involving the Grantee. "Threatened litigation" as used herein shall include governmental investigations and civil investigative demands. "Litigation" as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, "material" refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Grantee's financial condition. B. This is a continuing disclosure requirement; any litigation commencing after Grant Agreement Award must be disclosed in a written statement to the assigned contract manager within seven calendar days of its occurrence. 11.27 No THIRD PARTY BENEFICIARIES The Grant Agreement is made solely and specifically among and for the benefit of the Parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the Grant Agreement as a third-party beneficiary or otherwise. 11.28 BINDING EFFECT The Grant Agreement shall inure to the benefit of, be binding upon, and be enforceable against each Party and their respective permitted successors, assigns, transferees, and delegates. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 29 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 HHS DATA USE AGREEMENT This Data Use Agreement("DUA"), effective as of the date the Base Contract into which it is incorporated is signed ("Effective Date"), is entered into by and between a Texas Health and Human Services Enterprise agency ("HHS"), and the Contractor identified in the Base Contract, a political subdivision of the State of Texas ("CONTRACTOR"). ARTICLE 1. PURPOSE;APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information.45 CFR 164.504(e)(1)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA,this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996,Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments,regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition,the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User"means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 1 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CONTRACTOR may,for an Authorized Purpose,create,receive,maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein"PHP'); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative"of the Individual, as defined by Texas law,including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3,01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 2 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 a manner that is not expressly an Authorized Purpose under this DUA or as Required by 45 CFR 164.502(b)(1); 45 CFR 164.514(d) (B) Except as Required by Law,CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 CER 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management,to carry out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code§181.101 All of CONTRACTOR's Authorized Users, Workforce and Subcontractors with access to a state computer system or database will complete a cybersecurity training program certified under Texas Government Code Section 2054.519 by the Texas Department of Information Resources or offered under Texas Government Code Sec. 2054.519(f). (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.ER. 164.308(a)(1)(h)(C); 164.530(e); 164.410(b); 164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(h)(A) (E) CONTRACTOR will not attempt to re-identify or further identify Confidential Information or De-identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and(4); Texas Health &Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 3of15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)(i) and(2). (G) CONTRACTOR is directly responsible for compliance with,and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS'request. 45 CFR 164.524and 164.504(e)(2)(h)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164 504(e)(2)(ii)(E) and(F). (J) If PHI is subj ect to this Agreement, CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164 504(e)(2)(ii)(G) and 164 528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 4 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if. 45 CFR 164.504(e)(4)(A). (1) Disclosure is Required by Law provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR I64.504(e)(4)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS,use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUAto the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(h)(j HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 5of15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information, CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry(SPI) at Attachment I . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality,integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d). HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 6 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316; 164.514(d);164.530(i)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received,used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308;164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of,PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(i)(I). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security.All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise,requested production of such proof will be made as agreed upon by the parties.De-identification of HHS Confidential Information is a means of security. With respect to de-identification of PHI, "secure" means de-identified according to HIPAAPrivacy standards and regulatory guidance. 45 CFR 164.312;164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 7 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 —An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A — Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law,regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates,receives,maintains,uses,transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE,REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 8 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery,or in a timeframe otherwise approved by HHS in writing,initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice.No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available:For(a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined); HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 9 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age,telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm,including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); 0) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations,reporting,notification,if any,mitigation, corrective action,root cause analysis and when such activities are expected to be completed; and HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 10 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (m) Any reasonably available,pertinent information,documents or reports related to an Event or Breach that HHS requests following Discovery. 4.02 Investigation,Response and Mitigation.45 CFR 164.308,310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third-parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities, including without limitation, notifications required by Texas Business and Commerce Code, Chapter 521.053(b) and HIPAA. HHS shall have ten (10)business days to provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 11 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made.If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation,receipt,maintenance,use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain,transmit,use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities,systems,books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection,HHS's agent(s)include,without limitation,the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6,04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 12 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation,the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible,HHS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. 6.05 Governing Law,Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6,06 Injunctive Relief HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 13 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply.Accordingly, CONTRACTOR agrees that HHS will,in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self-insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6,09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 14 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6,10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law,regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 15 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 OMB Number:4040-0007 Expiration Date: 02/28/2025 ASSURANCES -NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended(42 U. of project cost)to ensure proper planning, management S.C. §§6101-6107), which prohibits discrimination on and completion of the project described in this the basis of age; (e)the Drug Abuse Office and application. Treatment Act of 1972(P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970(P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i) any other conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, (j)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the 1970(42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)which provide for one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or Appendix A of OPM's Standards for a Merit System of whose property is acquired as a result of Federal or Personnel Administration (5 C.F.R. 900, Subpart F). federally-assisted programs. These requirements apply to all interests in real property acquired for 6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in nondiscrimination. These include but are not limited to: purchases. (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352) which prohibits discrimination on the basis of race, color 8. Will comply, as applicable,with provisions of the or national origin; (b) Title IX of the Education Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328) Amendments of 1972, as amended(20 U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole the basis of sex; (c) Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 4248(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-1 02 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 9. Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and 333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a) of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973(P.L. 93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research,teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(EO) 11514; (b) notification of violating Prevention Act(42 U.S.C. §§4801 et seq.)which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990; (d)evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e) assurance of 17 Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No. A-133, Act of 1972(16 U.S.C. §§1451 et seq.); (f) conformity of "Audits of States, Local Governments, and Non-Profit Federal actions to State (Clean Air) Implementation Plans Organizations." under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended(P.L. 93- 19. Will comply with the requirements of Section 106(g) of 205). the Trafficking Victims Protection Act(TVPA) of 2000, as amended (22 U.S.C. 7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from (1) Engaging in severe 1968 (16 U.S.C. §§1271 et seq.) related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2) Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE ,—oocusigned by: Public Health Director �au�jia ��t,aan, -7aeEar-aTzEad3 ... APPLICANT ORGANIZATION DATE SUBMITTED Corpus Christi-Neuces County Public Health District rarc h 22,2023 Standard Form 424B(Rev.7-97)Back DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. •APPLICANT'S ORGANIZATION Corpus Christi Neuces County Public Health District •PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: ' First Name:vauzia Middle Name: •Last Name: Khan Suffix: •Title: I Public Health Director SIGNATURE: oocuSigned by: ' DATE:rAarch 22,2023 F"16t, " � F DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ©Ji'.TEXAS Department of State Texas De 1C`e: HealthanclHuman p Services Health Services Fiscal Federal Funding Accountability and Transparency Act (FFATA) The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact: (Name, Email and Phone Number): Corpus Christi Neuces County Public Health District Dr.Fauzia Khan,fauziak@cctexas.com,(361) 826-7202 Primary Address of Contractor: Zip Code: 9-digits required www.usos.com 1702 Horne road,Corpus Christi,TX 78416 Unique Entity ID (UEI):This number replaces the DUNS State of Texas Comptroller Vendor Identification Number www.sam.nov (VIN) — 14 digits: 069457786 746000574-1027 Printed Name of Authorized Representative: Signature of Authorized Representative ocuSigned by: Fauzia Khan E�D 4CEBF4B2ED425... Title of Authorized Representative Date Signed Public Health Director March 22,2023 1 Department of State Health Services Form 4734—April 2022 Contract Management Section DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete, and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? Yes No X If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? Yes ❑ No ❑X B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? Yes ❑ No ❑X If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes ❑X No ❑ If your answer is "Yes" to this question, where can this information be accessed? Open Records Request If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: N/A 2 Department of State Health Services Form 4734—April 2022 Contract Management Section DocuSign Certificate Of Completion Envelope Id: 996C07F9E3DD4EA285EOAFOD602E8F56 Status: Completed Subject: HHS001310000001 City of Corpus Christi-Nueces County Base Source Envelope: Document Pages:73 Signatures:6 Envelope Originator: Certificate Pages:5 Initials: 0 CMS Internal Routing Mailbox AutoNav: Enabled 11493 Sunset Hills Road Envelopeld Stamping: Enabled #100 Time Zone: (UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.InternalRouting@dshs.texas.gov IP Address: 167.137.1.8 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 3/22/2023 11:17:29 AM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Fauzia Khan " igneaby: Sent:3/22/2023 11:34:11 AM FauziaK@cctexas.com If434 aAv�jA " Viewed: 3/22/2023 1:13:23 PM Public Health Director cFeF4azFD4z5 Signed:3/22/2023 1:36:09 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 155.190.8.6 Electronic Record and Signature Disclosure: Accepted:3/22/2023 1:13:23 PM ID:fc447fa5-0314-47e8-bdc1-d291477d7949 Helen Whittington Completed Sent:3/22/2023 1:36:14 PM helen.whittington@dshs.texas.gov Viewed: 3/22/2023 2:21:15 PM Security Level: Email,Account Authentication Signed:3/22/2023 2:26:22 PM (None) Using IP Address: 167.137.1.17 Electronic Record and Signature Disclosure: Accepted:3/22/2023 2:21:15 PM ID:88b01daa-c4c5-4ad5-aab0-dd35be77bf27 PATTY MELCHIOR Completed Sent:3/22/2023 2:26:27 PM Patty.MeIchior@dshs.texas.gov Viewed: 3/22/2023 3:49:13 PM Director, DSHS CMS Signed:3/22/2023 3:49:21 PM Security Level: Email,Account Authentication Using IP Address: 167.137.1.16 (None) Electronic Record and Signature Disclosure: Accepted:5/5/2022 12:43:08 PM ID:f01589da-43a7-481e-996a-7c50409e5d48 DocuSigned by: Kirk Cole Sent:3/22/2023 3:49:26 PM Kirk.Cole@dshs.texas.gov E04DMFAAF59048D irk Cole Viewed: 3/23/2023 11:40:16 AM Deputy Commissioner Signed:3/23/2023 11:41:28 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 167.137.1.18 Electronic Record and Signature Disclosure: Accepted:3/23/2023 11:40:16 AM ID:71dd0835-0503-4bd9-94fb-Oae09bbba8c6 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Leticia Varela Sent:3/22/2023 11:34:11 AM leticiav@cctexas.com ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kristiana Flores Sent:3/23/2023 11:41:33 AM Kristiana.Flores@dshs.texas.gov ED Viewed: 3/23/2023 2:41:54 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Boggs Sent:3/23/2023 11:41:34 AM jennifer.boggs@dshs.texas.gov ED Contract Manager Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing MailboxT ry Sent:3/23/2023 11:41:35 AM cros.internalrouting@dshs.texas.gov PI E V Resent:3/23/2023 11:41:39 AM DSHS Contract Management Section Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/22/2023 11:34:12 AM Certified Delivered Security Checked 3/23/2023 11:40:16 AM Signing Complete Security Checked 3/23/2023 11:41:28 AM Completed Security Checked 3/23/2023 11:41:35 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:9/14/2020 7:10:18 PM Parties agreed to: Fauzia Khan, Helen Whittington, PATTY MELCHIOR, Kirk Cole ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DSHS Contract Management Section (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. 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Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact DSHS Contract Management Section: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: alison.joffrion@hhsc.state.tx.us To advise DSHS Contract Management Section of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at alison.joffrion@hhsc.state.tx.us and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. 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By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify DSHS Contract Management Section as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by DSHS Contract Management Section during the course of your relationship with DSHS Contract Management Section. Two Reading Ordinance Ordinance ratifying acceptance of Public Health Infrastructure Grant (PHIG) for $3,186,443.00 from the Texas Department of State Health Services (DSHS); and appropriating $3,186,443.00 to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities for the period of March 22, 2023, through November 30, 2027. City Council June 27, 2023 Background and Staff Recommendation • City of Corpus Christi Public Health Infrastructure Grant o To be used to make strategic investments to support hiring, retaining, supporting, and training the public health workforce and strengthening public health infrastructure and systems related to the workforce and foundational capabilities in alignment with the Strengthening U.S. Public Health Infrastructure, Workforce, and Data Systems program. o Upon Execution through November 31, 2027 Background and Staff Recommendation o Total Contract value equals $3,186,443.00 o Fiscal impact — All positions are 100% grant funded. o Staff Recommendation: Approval of the two-reading ordinance. City Council June 27, 2023 SC 00 a� �h AGENDA MEMORANDUM �ORPO0.P��'0 Public Hearing and First Reading Ordinance for the 06/27/23 N zss2 Second Reading Ordinance for 07/18/23 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Distribution Main Construction and Reimbursement Agreement with Devonshire Custom Homes, Inc. for Off-site Water Distribution Improvements for Westwood Heights Unit 4 Subdivision CAPTION: Ordinance authorizing a Water Distribution Main Construction and Reimbursement Agreement up to $36,731 with Devonshire Custom Homes, Inc. to construct off-site water distribution main improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny Dr., south of Leopard Street, and appropriating $36,731.71 from the Water Distribution Main Trust Fund to reimburse the Developer per the agreement. (District 1) SUMMARY: Devonshire Custom Homes, Inc. is developing a new residential subdivision named Westwood Heights Unit 4 and is requesting funds to construct water distribution main improvements associated with the development. The estimated one-time cost of the improvements is $36,731.71. BACKGROUND AND FINDINGS: The Developer, Devonshire Custom Homes, Inc, has requested reimbursement through a reimbursement agreement for in conjunction with a residential subdivision named Westwood Heights Unit 4, located on Sunny Dr., south of Leopard St. Westwood Heights Unit 4 preliminary plat was approved by Planning Commission on November 13, 2019. The development, located on Sunny Dr., south of Leopard Street, plans for 39 single family homes on 9.059 acres including street dedications. The Planning Commission granted a 12-month time extension for the plat on May 3, 2023. The off-site water distribution main improvements consist of 233 linear feet of 6" PVC pipe and tap into the existing 8" ACP Water Main. Minus a lot/acreage fee credit of $10,595.79, the allowable reimbursement amount is $36,731.71, representing 50% of the cost of the project. The term of the agreement is 12 months. The project is consistent with the City's Water Distribution Standards. The project is eligible for reimbursement from the Water Distribution Main Trust Fund per UDC Section 8.5.1.C. ALTERNATIVES: This project will improve and facilitate development of the new Westwood Heights Unit 1 Subdivision. An alternative to utilizing trust funds to construct the water distribution improvements would be to construct the improvements with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the Water Distribution Main improvements is$94,655.00. Less the$10,595.79 lot/acreage fee credit, the reimbursable amount is 50 percent or$36,731.71. The available funds from the Water Distribution Main Trust of$36,731.71 will be appropriated to fund this project. Funding Detail: Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.1.C. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Distribution Main Construction and Reimbursement Agreement up to $36,731.71 with Devonshire Custom Homes, Inc. to construct off-site water distribution main improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny Dr, south of Leopard Street, and appropriating $36,731.71 from the Water Distribution Main Trust Fund to reimburse the Developer per the agreement (District 1). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 13, 2019, to develop a tract of land, approximately 9.059 acres known as Westwood Heights Unit 4; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Distribution Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Water Distribution Main Trust Fund and are appropriated by the City Council. 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 Water Distribution Main Construction and Reimbursement Agreement ("Agreement"), attached hereto, with Devonshire Custom Homes, Inc. ("Developer"), for the extension of a 6-inch water line, including all related appurtenances, for the development of Westwood Heights Unit 4 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. Funding in the amount of$36,731 .71 is appropriated from No. 4030-21860-777 to reimburse the Developer. SECTION 4. This ordinance takes effect upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Devonshire Custom Home,Inc, ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 13, 2019 to develop a tract of land, to wit: approximately 10.734 acres known as Westwood Heights Unit 4. Located on Sunny Dr., south of Leopard St as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension"); WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. 2. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 3. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer registered and licensed in the State of Texas, acceptable to the City's Development Services Engineer, to prepare and seal plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 4. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Distribution Main Extension. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 5. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC. 6. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by 06/27/2024. 7. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 8. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 9. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 40th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 70th calendar day after the date of approval of this Agreement by the City Council. Water Distribution Main Construction And Reimbursement Agreement Page 2 of 10 d. Developer/Owner's contractor does not reasonably pursue construction of the Distribution Main Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before 06/27/2024. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 10. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. Water Distribution Main Construction And Reimbursement Agreement Page 3 of 10 11. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 12. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Devonshire Custom Homes, Inc Navid Zarghooni 2129 Airline Rd. Corpus Christi, Texas 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. Water Distribution Main Construction And Reimbursement Agreement Page 4 of 10 13. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third-party beneficiary of each contract. 14. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 15. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 16. REIMBURSEMENT. a. The maximum reimbursable amount pursuant to UDC §8.5.1. C.2. for the Distribution Main Extension less $10,595.79 lot/acreage fee credit is $36,731.71. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $36,731.71 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made within 30 days from the date of the City's administrative approval of the invoice in accordance with state law. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed Form provided by the Development Services Department 2. Contractor and professional services invoices detailing work performed 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. Water Distribution Main Construction And Reimbursement Agreement Page 5 of 10 d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. e. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 17. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Distribution Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and this Agreement has priority per UDC §8.5.1. C. 18. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the Water Distribution Main Construction And Reimbursement Agreement Page 6 of 10 contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 19. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 20. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 4. Water Distribution Main Construction And Reimbursement Agreement Page 7 of 10 21. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 22. DEDICATION OF DISTRIBUTION MAINS. Upon completion of the construction, dedication of Distribution Main Extension will be subject to City inspection and approval. 23. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner 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 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. 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, notarized 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. 24. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at nttp://www.cctexas.com/government/city- secretary/conflict-disclosure/index 25. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. Water Distribution Main Construction And Reimbursement Agreement Page 8 of 10 EXECUTED IN ONE ORIGINAL this day of ' 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: STATE OF § COUNTY OF § This instrument was acknowledged before me on 2023, by Albert J. Raymond III, Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature Buck Brice (Date) Assistant City Attorney Water Distribution Main Construction And Reimbursement Agreement Page 9 of 10 Devonshire Custom Homes, Inc. 2129 Airline Rd Corpus Christi, Texas 78414 By: Navid Zarghooni President STATE OF § COUNTY OF § This instrument was acknowledged before me on 2023, by Navid Zarghooni, President of Devonshire Custom Homes, Inc., a Texas Corporation, on behalf of said corporation. Notary Public's Signature Water Distribution Main Construction And Reimbursement Agreement Page 10 of 10 Fxhibitl STATE BE rExAs 5 OTATE OF TEws § Cnuxrr of uumcs S CDU.I OF..CO. 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WESTWOOD HEIGHTS UNIT 4 TYPICAL STREET SECTION-60'ROW 1�1 I I I S,lUECEC CCUNTY,I EIAS III A 1.111 IIIE'-Cl "I N' A I F IF ATC IN BLK SiIIA(PCR9T ICo5"9 CFCRLEoST IN2 "SAUEET FIl I II CORPUS TCHRISTI, NUECES COUIsM, TEXAS L 1-1 19 IIIS I llLS"EIIINEEIINI I-NI"11PILAT-SIC I, I "I III Sl SCA L C.,;ICl Tl_ALA7".C, PLC TEIIJ�l`S;IE SHEET 2 OF 2 Exhibit 2 Reimbursement Agreement Application Development Services Department Submit the Application to: contractsandaareements ancctexas.com Mail to:City of Corpus Christi Development Services 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 Date: 6 - Z , 22 Approved Plat Name: W2�NMV 0 .5l V►M+ Type of Public Improvements: Ownership and authorized signatories to enter into the agreement: Requested duration of agreement: Months Point of Contact Information: Contact Name: Contact Number: 3LQk' ��� �S�� Name of Company Entering into the agreement (L.L.C.; LP., Inc.): Address: '2A?—Rt' City: e C_ • State: I X ZIP: :lad Phone Number: 3� •q°f(Q '�ZSJ� The items listed below are required before an application can be processed: 1)❑ Application for reimbursement per UDC Section 8.5.1 or 8.5.2 2)Q $535.00 application fee for new agreements and addendums 3) Planning Commission approved plat (Final or Master Preliminary) 4) Cost estimate for project from a registered engineer 5) Public improvement plans or design memorandum 6) Warrantee Deed for the property associated with the project 7) Disclosure of Interest Form 8)R Form 1295 W-9 F , and a Corporate Resolution Applicant's Signatur Title City of Corpus Christi I Form No: DSD-3016 Rev.3.31.2020 Page 1 of 2 Exhibit 3 pU o LM WHOMEMENTS 70 WESTWOOQ H-C IG[QTS---U H17- 19 ✓_ - - - CORPUS CHMST�9 HUEC E3 COUWY9 7 EKAB e,m�w � .'���'"M IF4END E105111�FMJt1116 IEGflID—PfmPOSFD FICIt1116 M1D tPPUR1ETVNCES (MNa IPPNAiQNNCfS �r�ss .cuv wwew - O r cnm � ev.,ov�mmm�>cwe x4 ��� ^" Bum Cmsmoa o mn =mm.o.a a.�m�a y 'SITE" 10^ATION MAP S.YEET INOE% SHEET I COVER SHEET Ano MISCELLANEOUS INFORNATION r cres..o mme..vw oww..un.w.uu.mnw.e.sm.+ SHEET 2 —C.GRADING ANO C.N.E PEAN,STREET I my e.m..c=w m.sn.nn..wemaa. ANO SMRM SEWER FROFILES _ CALL BEFORE YOU DIG! SH=3 NIll S-wER-0—R PIAN u+C PROFIT =% 13119 ". SHEET 4 STORM WATER POLLCTIONPREVENTpN PLAN,ESTIMATE ,=a s SUMMARY ANO fi45E MAPS "�+"""�°""a"`�a'"'b•�n SHEET 5 SIflEEi&SIDEWALK DETAILS -•^w�=�n�m�^'� Digitally signed by Jalal a•.m„®.m.a.,a,�.m.w.. «me M m..m..a t M.H. P.E. N' DN:cn-Jaialaalal M.H.Ali 5aleh, o-Clty bf Corpus 'iGhristi,ou=Development Services, sefn�'all.,iatalsCcctexas.com, - >m c US -yw Date:2020:1115 16:36:06' m.w 00' eoll"M lis'+Tw.a w� -.m rm mwx aa..mn 'rn rx.o.a..w.�.R.m.o ��v..w. v.o,me.u.oam aeec m.+rzrw soa mw m m amore ax SBA SAND ELS: ENGINE-N Baum Pu.IC IMPROMEMENrN To WESTWOCC-ICHTS V Ii 4 ,m a ur,un sex a.N^•xn v%unc CORPUS C4'RISTi,NUECES C OVER SHEET Au0 uIELELLANEOUs INFCRUATiON "T'"�T'T!8k S45'56'26'E 1215.7 M 2 L ---------- (D ly ry tj rm F—A V--- -- -——————————---— — ————————- ————————— aim —---- --—------ --------- - u 1H `41 z Lx 'A XT.V 1n 88 HE .14to ' —--------- t tzzt N45'56'26-W 1005.62' S-E, 'G.EG I 1— 11- 75 ------------------- --L"-------- .... -------------- ----- m. ------- ---- ---- --I----- , ------ ------i:�'—L1----- -------- ----------- 'In ------- ----- ------- ,5n l -------------- ------- �5 65 60 r) Digitally signed by Jalal M.H. 60 PLANS ARE RELEASED FOR,' Ali Sal,h,P.E. CONSTRUCTION ON:ch=Jalal M.H.Ali Saleh, DFVELOPMENT5ENACES P.E.,o=City of Corpus Christi, City(Y[ Construction pl wiA CuTFws b—d vu=Developrnent Services, _iH IN Chsisii U DC 3.8.5.F(A1619 201 W' einaiJ7=jal#) cctexas.com, 1U.TWOO1UC ITE—EMEZ67 --,c_—bs '0.... cows, VESHEIGHTS UNIT 4 e T—S NAGI 1L. Date:2020.12.15 16:36:30 G .... Sl—IINAIINGIULIS -06'00' IGCTr IIII '1 Digitally signed by Jalal I M.H.Ali Saleh,P.E. r-� eora'a. DN:—Jala1 MH.Ali w =.,Saleh,P.E.,o=-City of ...,o>aENSEr ... A. cn> r RT,Corpus Christi, ou=Development email=jalals@cdeXDs.com, ate _ _ r' c=US Date:2020.12.1516:37.,43 ^° -06'00' a worx,. i,PICAL STREET SECTION-60'rs ROW D' -.MA �.uw.ww,wK _,ne 0.e'uwwm wm BASS ANO WEyl15N E ERI�M1 POZ-LOCnSRN RSUPPORT ASSEMBLY n N6T5 T TB vESivOt)D NE ICNTS UNI4 CORPUS CHRISrI, NUECES Cu TX STREET AND SIDEVALN DETAILS Exhibit 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 18073-PCE-WTR 11/18/22 WESTWOOD HEIGHTS PRELIMINARY WATER REIMBURSEMENT ESTIMATE WATER ITEMS,REIMBURSABLE BY CITY QUANTITY UNIT AMOUNT 1 8"TAPPING SADDLE&6"TAPPING GATE VALVE W/BOX 2 EA 7,900.001 15,800.00 2 6"PVC PIPE 233 1 LF 250.001 58,250.00 3 PAVEMENT PATCHING 1 1 LS 12,000.001 12,000.00 TOTAL WATER ITEMS $86,050.00 NOTE: PRICES SHOWN AS FURNISHED BY DEVELOPER 10%ENGINEERING,SURVEYING,&TESTING 8,605.00 SOF TFSUBTOTAL 94,655.00 41 *' LESS WATER LOT FEE —7,280.00 s.;` •' " E11111111011M M. U""...."""" ' LESS WATER PRO—RATA FEE —3,315.79 TOTAL AMOUNT REIMBURSABLE $84,059.21 NAL AaZ Page 1 of 1 Water Distribution Main Construction Reimbursement Agreement Purpose of this ordinance is to enter into a reimbursement agreement with Devonshire Custom Homes, Inc. for the construction of a 6-inch waterline required for the proposed residential development known as Westwood Heights Unit 4 and appropriating $36,731 .71 to fund the agreement. City Council June 27, 2023 Project Map A. i tr Q' 5010 1.900 ?. Fest Location Map The proposed Westwood Heights subdivision will be The proposed 6"water "' located off Sunny Dr as distribution line tie-in depicted in RED. locations depicted in "x LIGHT GREEN CIRCLE. Existing 8" waterline The proposed 6" water depicted in SOLID distribution line will be Location Map BLUE. located on Sunny Dr as Westwood Heights depicted in YELLOW. Unit rua wb.WrooM ,n,,, .dd,1:tiW aT.� Estimated Construction Cost Line Item Description Quantity Unit Unit Price Total Contract Value 1 8"TAPPING SADDLE&6" 2 EA $ 7,900.00 $ 15,800.00 TAPPING GATE VALVE W/BOX 2 6"PVC PIPE 233 LF $ 250.00 $ 58,250.00 3 PAVEMENT PATCHING 1 LS $ 12,000.00 $ 12,000.00 Subtotal: $ 86,050.00 UDC 8.5.1.C.2 states that Engineering,Surveying, and Testing(@ 10%): $ 8,605.00 reimbursement on off-site Total Contract Value: $ 94,655.00 extensions are limited to 50% Reimbursement Amount on Off-Site(50%) $ 47,327.50 of approved construction LESS WATER LOT FEE -7,280.00 cost. LESS WATER PRO-RATA FEE -3,315.79 Credits: $ (10,595.79) Total Reimbursable Amount: $ 36,731.71 Trust Fund Balance as of May 2023 Available Combined Trust balance of as of 05/31/2023 as reported by Finance is: $1,385,210.51 Individual Trust Fund balance break down: WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Sanitary Sewer Sanitary Sewer Transmission & Grid Main Trust Trunk System Trust Collection Line Main Trust Trust $514,797.39 $72,577.08 $742,395.02 $55,441.02 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. so �o o� A P v AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting June 27, 2023 1852 Second Reading Ordinance for the City Council Meeting July 18, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director of Development Services alraymond(a)cctexas.com (361) 826-3276 Utility Easement Closure for Lots 1, 2, 3, 4, and 5 Block 4 of Queens Landing by KenMs Homes CAPTION: Ordinance abandoning and vacating a 20-foot wide portion of a 50-foot wide by 537 feet long utility easement out of Lots 1 , 2, 3, 4, and 5, Block 2, Queens Landing Subdivision, located off of Compton Rd near Bentley Ct PURPOSE: The City assesses a fee associated with the request to close an easement in the amount of $1 ,159.40, as well as an Administrative Fee of $52.17, which have been paid by the applicant. The purpose of this ordinance is to close, abandon, and vacate approximately 10,078 square feet of utility easement on lots 1 , 2, 3, 4, and 5, Block 2 of Queens Landing, which is in Flour Bluff at the center of Compton Road between Flour Bluff Dr. and Waldron Rd. the easement was originally dedicated for a gas line that has since been moved and been abandoned. The applicant, KenMS Homes, requests to close this portion of the easement so that the various homeowners can build outside structures, which are currently precluded with the easement. This closure request has been sent to all applicable city departments as well as private entities with vested interests, with no objections received. Closure represents the best interest of the city. BACKGROUND AND FINDINGS: The City has reviewed the request, including a review by the Corpus Christi Gas Department, and agrees with the closure. The current utility easement to be closed has no gas line since it was relocated. Closure of the easement does not preclude access to the other easements where the gas line was relocated. The City does not require an appraisal or to collect fair market value. The City assesses a fee associated with the request to close an easement in the amount of $1 ,159.40 as well as an Administrative Fee of $52.17. Both, of which, have been paid by the Applicant. ALTERNATIVES: Deny the applicant's request and keep current utility easements. FINANCIAL IMPACT: The City assesses a fee associated with the request to close an easement in the amount of $1 ,159.40 as well as an Administrative Fee of $52.17. Both, of which, have been paid by the Applicant. FUNDING DETAIL: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff supports the Applicant's request for the easement closure. The closure of the easement will allow current homeowners the ability to build on their property thereby increasing the value of the home. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation Ordinance abandoning and vacating a 20-foot wide portion of a 50-foot wide by 537 feet long utility easement out of Lots 1, 2, 3, 4, and 5, Block 2, Queens Landing Subdivision, located off of Compton Rd near Bentley Ct WHEREAS, KenMS Home, (Owner) is requesting the closure, abandonment and vacating of 10,078 square feet of an existing utility easement out of Lots 1 , 2, 3, 4, and 5, Block 2, Queens Landing Subdivision; WHEREAS, the Owner has paid the application fee for requesting the closing or abandonment of an easement pursuant to Corpus Christi Code Sec. 49-13; and WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi to abandon and vacate a 20-foot portion of a 50-foot wide by 537 feet in length of an existing utility easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City of Corpus Christi ("City") abandons and vacates a 20-foot wide portion of an existing utility easement as shown in Exhibits "A", "B", and "C", located off of Compton Rd near Bentley Ct, with such utility easement being recorded in Volume 2201 , Page 298, Deed Records Nueces County, Texas and being out of Lots 1 , 2, 3, 4, and 5, Block 2, Queens Landing Subdivision as shown on the plat recorded in Volume 69, Pages 650-651 . "Exhibit A", which is a Metes and Bounds description and field notes, "Exhibit B", which is the graphical representation of the legal description, and Exhibit "C" which is a location map, are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2, This Ordinance is effective upon filing in the real property records of Nueces County, Texas. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor STATE OF TEXAS COUNTY OF NUECES EXHIBIT A Field Notes of 0.231 acre tract being the west 20 feet of a 50 foot pipeline easement closure. Said easement described in a deed recorded in Volume 2201,Page 298, Deed Records Nueces County,Texas. Said easement also being out of Lots 1-5, Block 2,"Queens Landing"as shown on a plat recorded in Volume 69, Pages 650-651, Map Records Nueces County,Texas. Said 0.231 acre pipeline easement being more particularly described as follows: COMMENCING at a 5/8"re-bar found in the south right of way of Compton Road, for the northeast corner of said Lot 1, for the northwest corner of a 0.80 acre tract described in a deed recorded in Volume 2172, Pages 1009-1014, Deed Records Nueces County,Texas,THENCE with the south right of way of Compton Road and said Lot 1, South 78°10'08"West,a distance of 39.31 feet to a point in the south right of way of Compton Road, in the north line of Lot 1,and for the northeast corner of this survey. THENCE South 28°25'50" West,a distance of 512.44 feet to a point in the north line of a 50 foot drainage easement and right of way dedication as shown on said"Queens Landing", and for the southeast corner of this easement. THENCE with the common line of said 50 foot drainage easement, and this easement,North 61°32'05" West,a distance of 20.00 feet to a point in the north line of said 50 foot drainage easement,and for the southwest corner of this easement. THENCE North 28°25'50"East,a distance of 495.50 feet to a point in the south right of way of Compton Road, in the north line of said Lot 1,and for the northwest corner of this easement, from WHENCE a 5/8"re-bar found in the north line of said Lot 1,bears South 78'10'08" West,a distance of 30.32 feet. THENCE with the common tine of the south right of way of Compton Road, Lot 1,and this easement,North 78'10'08" East, a distance of 26.20 feet to the POINT of BEGINNING,and containing 0.231 acres of land, more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8"re-bar=re-bar set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. onald . Brister, RPLS No. 5407 Date: May 11,2023. O F•lF . ........... RONALD E.BRISTER Job No. 230764 `�° 5407 �P Q �N� S Roti' PAGE 1 OF 2 SURVEY OF 0.231 ACRE TRACT BEING THE WEST 20 FEET OF A 50 FOOT PIPELINE EASEMENT CLOSURE.SAID EASEMENT DESCRIBED IN A DEED RECORDED IN VOLUME 2201,PAGE,298,DEED RECORDS NUECES COUNTY,TEXAS SAID EASEMENT ALSO BEING OUT OF LOTS 1-5,BLOCK 2,"QUEENS LANDING"AS SHOWN ON A PLAT RECORDED IN VOLUME 69,PAGES 650-651,MAP RECORDS NUECES COUNTY,TEXAS. THIS SURVEY HAS BEEN PERFORMED WITHOUT THE 7Y BENEFIT OF A TITLE 01 COMMITMENT. OtIRN dyti SCALE 1"=100' �� yZ „r01� 0.80 ACRES O CITY OF CORPUS CHRISTI,TRAGI'A-3 1 Jam, VOL.2172,PGS.1009-1014,D.R.N.CT. LOT 1 ( `'-t 30'C.P.&L.EASEMENT AS PER VOL.267,PG.244, 0.231 ACRES D.R.N.C.T. 10,078 S.F. W N78°10'08"E v w 1_26.20' (MEAS) Z a LOT z v L2- N78°10'08"E 39.31' (MEAS) � W o NZ�° no W CA LOT 3 N o0 C6 OO d c� N cn 0 z LOT4 0 00 20'PIPELINE. EASEMENT AS PER VOL. 428,PG.158 N D.R.N.0-T. LOT5 t- L2 N61°32'05"W 50'DRAINAGE EASEMENT Q L2—20.00' (MEAS) AND RIGHT OF WAY DEDICATION o 25,038 S.F.-0.575 ACRES 40'DRAINAGE EASEMENT 0.80 ACRES AS PER DOC.NO.1999044398, CITY OF CORPUS CHRISTI,TRACT A-3 O.P.R.N.CI'. VOL.2172,PGS.1009-1014,D.R.N.C.-r. 3.01 ACRES OWNER:CURRY JOE ET UX DOC.NO,2000015514,O.R.N.c.T. p =EASEMENT CORNER @p =FOUND 518"RE-BAR EXHIBIT B PAGE 20F2 Brister Surveying 4455 South Padre Island Drive Suite 51 _ Corpus Christy Texas 78411 Off361-850-1800 Faz0-1802 !O F�� Bristersutersurveyiog(gwus. rptwcbacom ,,rV THIS EASEMENT DOES IGATIO ,ORLOCTHE '`�••" RES EARCH,INVESEMETS,RIGHT OF WAYS, OF ALL Pirm Registration No.10072800 Y. G1S.T E '•., •S•• SERVITUDES,THIS PRNTS,RIGHTOF WAYS,OR ytQ. ,. UTILITIES ON THIS PROPERTY. NOTES: ••"" 1,RONALD E.BRISTER DO HEREBY CERTIFY THAT .............. 1.)TOTAL SURVEYED AREA IS 0131 ACRES. 'RONALD E.BRISTER THIS EASEMENT OF THE PROPERTY LEGALLY 2.)MEASURED BEARINGS ARE BASED ON GLOBAL .... DESCRIBED HEREIN IS CORRECTTO THF,BEST OF MY POSITIONING SYSTEM NAD 83(93)4205 DATUM. •q 4U'1 Q, KNOWLEDGE AND BELIEF. 3.)SET 518"RE-BAR=STEEL RE-BAR SET WITH 5:7 a Q YELLOW PLASTIC CAP LABELED BRISTF-R SURVEYING. 0 �.9♦•'FESS%.4.)A METES AND BOUNDS .�a DATE ACCOMPANIES THIS SDIIRVF.Yf10N OF EQUAL •y4'SUav� :i SURVEYDArr MAY 11,2023 JOB NO.230764 R06ALD F.,BRISTER R.P.L..S.NO.5407 r Exhibit C a a. CoMpTON I t IT=J . r fey a 1 r ES �n 4 w. Mu 0 50 100 200 Feet t.4 Location Map Lij Queens Landing Subject Property Easement Enclosure Approx. 10,078 Square Feet de I Oso O` b� °O�q Date:5/17/2023 Department of Development Services C,Wsers4varor\City of Corpus ChristiVT GIS Team-Maps12023 Location\QUEENS LANDING EASEMENT ENCLOSURE AERIAL MAPTROJECTIQUEENS LANDING EASEMENT ENCLOSURE aprx ,M • I► i Easement Closure µ ,r 10,078 Square Feet out of Lots 1, 2, 3, 4, and 5, Block 2, of queens landing Ism r� i iJ City Council Presentation M� 06/27/2023 .sem: ; - Property Map bX i r r^, 0 50 100 200 Feel 1 1 i t= Staff Recommendation LiY Approval The applicant requesting the utility easement closure has paid the required $1,211.57 processing fee. Request has been processed in accordance with Section 49-13 of the City Code of Ordinances. so �o p A P v AGENDA MEMORANDUM COR 0R I First Reading Ordinance for the City Council Meeting June 27, 2023 1852 Second reading Ordinance for the City Council Meeting of July 18, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Interim Assistant City Manager Heatherh3Ca)-cctexas.com 361-826-3227 Ordinance abandoning, vacating, and closing a 0.26 acre (11,158 square feet) tract of public right-of-way City property located at the intersection of Corona Drive and Flynn Parkway CAPTION: One-reading Ordinance abandoning, vacating, and closing a 0.26 acre (11,158 square feet) tract of public right-of-way located approximately 100 feet north of the intersection of Corona Drive and Flynn Parkway per the request of an adjoining property owner and payment of an amount equal to the appraised value of$8,500.00. SUMMARY: Ordinance abandoning, vacating, and closing a 0.26 acre (11,158 square feet) tract of public right-of-way located approximately 100 feet north of the intersection of Corona Drive and Flynn Parkway described in Exhibit "A" to the adjoining property owner for the development of a Business Select Hotel. BACKGROUND AND FINDINGS: The proposed project being brought forward is a business-select hotel on a 2-acre property located at the intersection of Corona Drive and Flynn Parkway. The hotel, named Atwell Suites, will have 96 suites, a full-service bar, as well as co-working spaces and meeting rooms that guests can use. To ensure the success of this development, the City's Economic Development Department (EDD) is facilitating the proposed abandoning, vacating, and closing of a 0.26-acre (11,158 square feet) tract of public right-of-way City property. The project has received full funding and is expected to start construction in the Fall of 2023. Rajesh Panchal, the developer of the Atwell Suites, approached the City to purchase the Corona Drive right-of-way and the adjacent tract of land to optimize his hotel development. Corona Drive was changed as part of Bond 2014 resulting in the removal of the street, curb, and sidewalks within the right-of-way and surplus property. The City's Economic Development Department has worked and collaborated with the Legal Department, Public Works Department, Development Services Department, and Planning Department and has come forth with a recommendation that the highest and best use for this property would be to allow the developer to purchase this property and incorporate it into the project site. Due to the small and irregular shape of the triangle lot, setback and parking lot requirements for development, ingress/egress issues, and the limited ability to construct a structure on the right-of-way lot, there is little to no use for the land with only use being to the adjacent landowner. The limited uses could be to optimize parking or to complement site plans with potential beautification to the landscaping of the area. Upon completion, this project will increase the City's tax revenue through ad-valorem tax, hotel occupancy tax, and sales tax. Moreover, it will transfer the responsibility of maintaining the City property to the new owner, reducing maintenance expenses for the City. ALTERNATIVES: The Council has the option to continue maintaining the 0.26 acre tract of public right-of-way City property instead of abandoning, vacating, and closing it. FISCAL IMPACT: The City is set to receive $8,500 from the sale of the property and will profit from not having to maintain the maintenance associated with the property. Funding Detail: Fund: Organization/Activity: Department: Project # (CIP Only): Account: RECOMMENDATION: City Staff recommends approving the abandonment, vacation, and closure of a 0.26 acre public right-of-way City property. This proposal is an excellent example of an economic development infill project that will activate an underutilized tract of land. The utility easement will remain intact, and no new City infrastructure or services will be needed. The City's maintenance responsibilities will be eliminated, and the land will be developed. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A Map Appraisal Report PowerPoint Presentation One-reading ordinance abandoning, vacating, and closing a 0.26 acre (11,158 square feet) tract of public right-of-way located approximately 100 feet north of the intersection of Corona Drive and Flynn Parkway per the request of an adjoining property owner and payment of an amount equal to the appraised value of $8,500.00. WHEREAS, Rajesh Panchal (Owner of adjacent property) is requesting the closure, abandonment, and vacation of a 0.26-acre parcel of land which had been dedicated to the City for (Old) Corona Drive prior to the realignment of the intersection of Corona Drive, Flynn Parkway and Tiger Lane; WHEREAS, with proper notice to the public, a public hearing was held on June 27, 2023 during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, abandon and vacate a 0.26 acre (11,158 square feet) parcel of land located approximately 100-feet north of the intersection of Corona Drive and Flynn Parkway and being more particularly described by metes and bounds in Exhibit "A" to the adjoining property owner; WHEREAS, this .26 acre parcel of land was dedicated to the City as public right- of-way for (old) Corona Drive before the City realigned the intersection of Corona Drive and Flynn Parkway eliminating the need for this parcel for public right-of-way. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Rajesh Panchal ("Owner" of adjacent property), the 0.26 acre (11 ,158 square feet) parcel of land located approximately 100 feet north of the intersection of Corona Drive and Flynn Parkway, as further described by metes and bounds in Exhibit"A" attached hereto and incorporated herein by reference is hereby closed, abandoned, and vacated by the City of Corpus Christi subject to the Owner's compliance with the conditions specified in Section 2 of this ordinance. SECTION 2. The closing, abandonment, and vacation of this .26 acre (11 ,158 square foot) parcel of land, formerly dedicated to the City of Corpus Christi as right-of-way for Corona Drive is expressly conditioned upon the Owners' compliance with the following requirements: a. Payment to the City of $8,500 for the fair market value of the unimproved parcel of land pursuant to Corpus Christi Code 49-12. b. A 60' Utility Easement is retained in favor of the City. c. Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. Failure to record as required by this Ordinance within 180 calendar days will hereby make this Ordinance null and void. d. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. Section 3. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this day of ' 2023. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor day of ' 2023. Corpus Christi, Texas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley EXHIBIT "A" Old Corona Drive Right-of-Way (between Flynn Parkway and Tiger Lane) Metes and Bounds Description BEING A 0.26 ACRE (11,158 SQUARE FOOT) TRACT OF LAND, SITUATED IN THE ENRIQUEZ VILLAREAL, ABSTRACT 1, NUECES COUNTY, TEXAS AND BEING A PORTION OF (OLD) CORONA DRIVE (60 FOOT STREET DEDICATION) OUT OF LOT 1 BLOCK 1 OF MARKS TRACT AS FOUND IN VOLUME 37, PAGE 184, MAP RECORDS, NUECES COUNTY, TEXAS (M.R.N.C.T.) AS DESCRIBED IN AN ASSUMPTION WARRANTY DEED BY MARION LUNA BREM TO MARION BREM ENTERPRISES, LLC DATED JUNE 2, 2008 AND FOUND IN DOCUMENT NUMBER 2009014281, OF THE OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS (O.P.R.N.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 5/8" iron rod with yellow plastic cap stamped "CIVILCORP" set for the Southwest corner of this tract, same being the East corner of a tract of land described to The City of Corpus Christi as found in Document Number 2016054308 of the O.P.R.N.C.T. and described in a correction instrument found in Document Number 2017022329, O.P.R.N.C.T., and being on the existing North Right-of-way (ROW) of Corona Drive (variable width ROW), the existing South ROW of said (Old) Corona Drive and on the South line of said Lot 1 of Marks Tract, and having State Plane Coordinates of N=17,150,445.47 E=1,342,569.80, from whence a 3/8"iron rod found on a non-tangent curve to the left, having a radius of 305.00 feet, an internal angle of 02?° 29' 19", and an arc length of 13.25 feet bear S 80° 36' 38" W, 13.25 feet; (1) THENCE N 61° 36' 43" E, with the South line of this tract and said Lot 1, at a distance of 138.14 feet pass a calculated point on a jog in the existing East ROW of Flynn Parkway (60 foot width street dedication) as shown on said Lot 1 of Marks Tract, continuing for an overall distance of 148.14' feet to a calculated point on a jog in the existing East ROW of said Flynn Parkway for the West corner of this tract; (2) THENCE N 28° 23' 17" E, 70.00 feet with the West line of this tract to a calculated point at the Intersection of the existing North ROW of said(Old) Corona drive and the existing East ROW of Flynn Parkway (60 foot width street dedication) as shown on said Lot 1 of Marks Tract, for the North corner of this tract, and being at the beginning of a non-tangent curve to the left; (3)THENCE with the existing North ROW of said(Old) Corona drive and along said curve to the left, having a radius of 10.00 feet, a central angle of 90° 00' 00", an arc length of 15.71 feet, and a chord which bears S 16° 36' 43" E, a distance of 14.14 feet to a calculated point on the existing North ROW of said(Old) Corona Drive for an angle point of this tract; (4) THENCE S 61° 36' 43" E, 190.00 feet, continuing with the existing North ROW of said (Old) Corona Drive to a 5/8" iron rod with yellow plastic cap stamped "CIVILCORP" set for the East corner of this tract, said point being on the East line of said Marks Tract and on the West line of a tract of land described to Commerce Office Park - One, LP found in Document 92002051656 of the O.P.R.N.C.T. and the West line of Marks Tract, Block 1, Lot 3C as found in Volume 55,Page Page 4 of 5 5 of the M.R.N.C.T.; (5) THENCE S 28° 23' 17" W, 29.02 feet with the East line of this tract, the East line of said Lot 1, the West line of said lot 3C and the West line of said Commerce Office Park — One, L.P. tract, to a 5/8" iron rod with yellow plastic cap stamped "CIVILCORP" set for the Southeast corner of this tract on the existing North ROW of said Corona Drive at the beginning of a non-tangent curve to the left, from which a 3/8" iron rod found disturbed bears N 64° 39' 39" W, 3.57 feet; (6) THENCE along said curve to the left, having a radius of 305.00 feet, a central angle of 11° 22' 25", an arc length of 60.51 feet, and a chord which bears S 87° 32' 17" W, a distance of 60.41 feet to the POINT OF BEGINNING, containing 0.26 acres (11,158 square feet) of land. Page 5 of 5 EXHIBIT "A" Old Corona Drive Right-of-Way (between Flynn Parkway and Tiger Lane) Metes and Bounds Description BEING A 0.26 ACRE (11,158 SQUARE FOOT) TRACT OF LAND, SITUATED IN THE ENRIQUEZ VILLAREAL, ABSTRACT 1, NUECES COUNTY, TEXAS AND BEING A PORTION OF (OLD) CORONA DRIVE (60 FOOT STREET DEDICATION) OUT OF LOT 1 BLOCK 1 OF MARKS TRACT AS FOUND IN VOLUME 37, PAGE 184, MAP RECORDS, NUECES COUNTY, TEXAS (M.R.N.C.T.) AS DESCRIBED IN AN ASSUMPTION WARRANTY DEED BY MARION LUNA BREM TO MARION BREM ENTERPRISES, LLC DATED JUNE 2, 2008 AND FOUND IN DOCUMENT NUMBER 2009014281, OF THE OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS (O.P.R.N.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 5/8" iron rod with yellow plastic cap stamped "CIVILCORP" set for the Southwest corner of this tract, same being the East corner of a tract of land described to The City of Corpus Christi as found in Document Number 2016054308 of the O.P.R.N.C.T. and described in a correction instrument found in Document Number 2017022329, O.P.R.N.C.T., and being on the existing North Right-of-way (ROW) of Corona Drive (variable width ROW), the existing South ROW of said (Old) Corona Drive and on the South line of said Lot 1 of Marks Tract, and having State Plane Coordinates of N=17,150,445.47 E=1,342,569.80, from whence a 3/8" iron rod found on a non-tangent curve to the left, having a radius of 305.00 feet, an internal angle of 02?° 29' 19", and an arc length of 13.25 feet bear S 80° 36' 38" W, 13.25 feet; (1) THENCE N 61° 36' 43" E, with the South line of this tract and said Lot 1, at a distance of 138.14 feet pass a calculated point on a jog in the existing East ROW of Flynn Parkway (60 foot width street dedication) as shown on said Lot 1 of Marks Tract, continuing for an overall distance of 148.14' feet to a calculated point on a jog in the existing East ROW of said Flynn Parkway for the West corner of this tract; (2) THENCE N 28° 23' 17" E, 70.00 feet with the West line of this tract to a calculated point at the Intersection of the existing North ROW of said (Old) Corona drive and the existing East ROW of Flynn Parkway (60 foot width street dedication) as shown on said Lot 1 of Marks Tract, for the North corner of this tract, and being at the beginning of a non-tangent curve to the left; (3) THENCE with the existing North ROW of said(Old) Corona drive and along said curve to the left, having a radius of 10.00 feet, a central angle of 90° 00' 00", an arc length of 15.71 feet, and a chord which bears S 16° 36' 43" E, a distance of 14.14 feet to a calculated point on the existing North ROW of said(Old) Corona Drive for an angle point of this tract; (4) THENCE S 61° 36' 43" E, 190.00 feet, continuing with the existing North ROW of said (Old) Corona Drive to a 5/8" iron rod with yellow plastic cap stamped "CIVILCORP" set for the East corner of this tract, said point being on the East line of said Marks Tract and on the West line of a tract of land described to Commerce Office Park- One, LP found in Document 92002051656 of the O.P.R.N.C.T. and the West line of Marks Tract, Block 1, Lot 3C as found in Volume 55, Page 1 of 2 Page 5 of the M.R.N.C.T.; (5) THENCE S 28° 23' 17" W, 29.02 feet with the East line of this tract, the East line of said Lot 1, the West line of said lot 3C and the West line of said Commerce Office Park—One, L.P. tract, to a 5/8" iron rod with yellow plastic cap stamped "CIVILCORP" set for the Southeast corner of this tract on the existing North ROW of said Corona Drive at the beginning of a non-tangent curve to the left, from which a 3/8" iron rod found disturbed bears N 64° 39' 39" W, 3.57 feet; (6) THENCE along said curve to the left, having a radius of 305.00 feet, a central angle of 11° 22' 25", an arc length of 60.51 feet, and a chord which bears S 87° 32' 17" W, a distance of 60.41 feet to the POINT OF BEGINNING, containing 0.26 acres (11,158 square feet) of land. 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Valbridge Y PROPERTY ADVISORS Appraisal Report 0.260-Acre of Land Flynn Parkway and Corona Drive Corpus Christi, Nueces County, Texas 78411 Report Date: March 9, 2023 r. rur i'stre Flea in9 Inca �cr ire De• era � w � - +R FOR: Mr. Raj Patel 6603 Northeast Zac Lentz Parkway Victoria, Texas 77904 - Valbridge File Number: - TX01-23-0112-002 Valbrid e PROPERTY ADVISORS ' Valbridge Property Advisors San Antonio 9901 IH-10 West, Suite 1035 San Antonio,Texas 78230 (210)227-6229 phone (210)227-8520 fax www.valbridge.com March 9, 2023 Brett Weatherbie, MAI, AI-GRS Senior Managing Director bweatherbie@valbridge.com Mr. Raj Patel 6603 Northeast Zac Lentz Parkway Victoria, Texas 77904 RE: Appraisal Report 0.260-Acre of Land Flynn Parkway and Corona Drive Corpus Christi, Nueces County, Texas 78411 Dear Mr. Patel: In accordance with your request, we have performed an appraisal of the above referenced property. This appraisal report sets forth the pertinent data gathered, the techniques employed, and the reasoning leading to the value opinions. This letter of transmittal does not constitute an appraisal report and the rationale behind the value opinion(s) reported cannot be adequately understood without the accompanying appraisal report. The subject property, as referenced above, is located approximately 100 feet north of the intersection of Flynn Parkway and Corona Drive. The subject site is a 0.260-acre, or 11,326-square-foot parcel. The site exhibits generally level topography and features frontage along Flynn Parkway and Corona Drive. Due to the site's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, the subject is inaccessible by vehicle and no vehicular access points will be granted. The site is bisected by a City of Corpus Christi utility easement (underground utilities). No structural improvements are to be constructed on the easement. An overhead electrical line extends along the northeast property line. The site has access to public utilities. According to FEMA flood maps, the subject is located outside of the 100% floodplain; however, a portion of the property is located within the 500-year floodplain. The subject is not currently recognized by the Nueces County Appraisal District. SAN ANTONIO•AUSTIN •CORPUS CHRISTI• LAREDO•RIO GRANDE VALLEY•VICTORIA• MIDLAND/ODESSA•EL PASO•TEXAS HILL COUNTRY TEMPLE/KILLEEN/FORT HOOD \►a I br••ldge Mr. Raj Patel PROPERTY ADVISORS The "across the fence" valuation methodology has been utilized in the appraisal of the 0.260-acre subject tract. The concept of "across the fence" valuation involves first appraising a hypothetical economic land unit then applying the concluded unit value to the calculated land area of the subject (0.260-acre). The premise of this methodology is that the subject should be worth at least as much as the land to which it abuts or passes. The "across the fence" valuation involves first appraising a hypothetical economic land unit, then applying the concluded unit value to the appraised 0.260-acre to derive the fee simple value of the appraised property. This includes making any requisite adjustments or analysis to account for appraising the subject property subject to existing easements, etc. An economic land unit is characterized as a parcel of land with frontage, depth, size, shape, soil conditions, topography, access and other characteristics typical of those found in the market area under a designated highest and best use reflective of the subject. The analyses, opinions, and conclusions were developed, and this report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute; the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA); and the requirements of our client. The client in this assignment is Mr. Raj Patel and the intended users of this report are Mr. Raj Patel and the City of Corpus Christi. The intended use is for asset valuation for potential purchasing decisions. The value opinions reported herein are subject to the definitions, assumptions, limiting conditions, and certifications contained in this report. The findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions, the use of which might have affected the assignment results: Extraordinary Assumptions: • The subject property is currently inaccessible by vehicle from any public roadway. Due to the subject's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, and based on conversations with city officials, no vehicular access points will be granted. This appraisal is conducted under the extraordinary assumption that the subject will be inaccessible from any public roadway in perpetuity. Hypothetical Conditions: • For the purpose of this analysis, a "hypothetical economic land unit" or parent tract has been utilized in the valuation of the 0.260-acre subject property. In the valuation analysis, the hypothetical economic land unit is to be located in the immediate area of the 0.260-acre subject, is 1.500 acres in size, and exhibits generally similar physical characteristics. SAN ANTONIO•AUSTIN •CORPUS CHRISTI• LAREDO•RIO GRANDE VALLEY•VICTORIA• MIDLAND/ODESSA•EL PASO•TEXAS HILL COUNTRY TEMPLE/KILLEEN/FORT HOOD Va I bridge Mr. Raj Patel PROPERTY ADVISORS The value conclusions are based on the analysis in the following report and presented in the following table: Value Conclusion Component Value Type Market Value Real Property Interest Fee Simple Effective Date of Value February 21, 2023 Value Conclusion $8,500 17 Brett E. Weatherbie, MAI, AI-GRS Senior Managing Director State Certified General Real Estate Appraiser TX-1337354-G SAN ANTONIO•AUSTIN •CORPUS CHRISTI• LAREDO•RIO GRANDE VALLEY•VICTORIA• MIDLAND/ODESSA•EL PASO•TEXAS HILL COUNTRY TEMPLE/KILLEEN/FORT HOOD Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS TABLE OF CONTENTS Table of Contents Cover Page Letter of Transmittal Tableof Contents......................................................................................................................................................................5 Summaryof Salient Facts.......................................................................................................................................................6 LocationMap..............................................................................................................................................................................7 Introduction.................................................................................................................................................................................8 Scopeof Work.........................................................................................................................................................................11 Regional and Market Area Analysis.................................................................................................................................14 Cityand Neighborhood Analysis.....................................................................................................................................17 SiteDescription.......................................................................................................................................................................21 SubjectPhotographs.............................................................................................................................................................28 Assessmentand Tax Data ...................................................................................................................................................29 MarketAnalysis.......................................................................................................................................................................30 Highestand Best Use Analysis..........................................................................................................................................33 LandValuation.........................................................................................................................................................................35 Reconciliation...........................................................................................................................................................................49 Exposure Time and Marketing Period.......................................................................................................................49 General Assumptions and Limiting Conditions..........................................................................................................50 Certification — Brett E. Weatherbie, MAI, AI-GRS.......................................................................................................55 Addenda ....................................................................................................................................................................................56 Glossary.................................................................................................................................................................................57 Qualifications......................................................................................................................................................................64 Valbridge Property Advisors Information /Office Locations...........................................................................71 ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 5 aIbrld e 0.260-ACRE OF LAND SUMMARY OF SALIENT FACTS Summary of Salient Facts Property Address Flynn Parkway and Corona Drive Corpus Christi, Nueces County, Texas 78411 Latitude & Longitude 27.715518, -97.392648 Tax Parcel Number N/A Property Owner City of Corpus Christi Zoning General Commercial (CG-2) FEMA Flood Map No. 48335CO51OG Flood Zone Zone X Gross Land Area 0.260 acres Usable Land Area 0.260 acres Excess Land Area 0.000 acres Surplus Land Area 0.000 acres Total Land Area 0.260 acres Highest& Best Use - As Vacant Assemblage with adjoining land. Reasonable Exposure Time 12 months Reasonable Marketing Time 12 months Value Conclusion Component Value Type Market Value Real Property Interest Fee Simple Effective Date of Value February 21, 2023 Value Conclusion $8,500 Extraordinary Assumptions • The subject property is currently inaccessible by vehicle from any public roadway. Due to the subject's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, and based on conversations with city officials, no vehicular access points will be granted. This appraisal is conducted under the extraordinary assumption that the subject will be inaccessible from any public roadway in perpetuity. Hypothetical Conditions • For the purpose of this analysis, a "hypothetical economic land unit" or parent tract has been utilized in the valuation of the 0.260-acre subject property. In the valuation analysis, the hypothetical economic land unit is to be located in the immediate area of the 0.260-acre subject, is 1.500 acres in size, and exhibits generally similar physical characteristics. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 6 Va I bridge 0.260-ACRE OF LAND PROPERTY ADVISORS LOCATION MAP Location Map erc I alr Tivoli ESR=evll leSeadri Austwell Refugio Aransa-s Woodsbaro Nati—ial Lamar k4athls Fulton Sinton ��. Sandia Rockport Orange Grove (idem Aransas Pass Portland Port Aransas Robstown Corp u hristi Ilse 7- Mustang (Sdarrd Driscoll Bishop Kingsville Pad,e .>Iand %LilCcfl,d Seashore Loyola Beach Riviera xas- e Santa a ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 7 AMY Valbridge 0.260-ACRE OF LAND NTRODUCTION Introduction Client and Intended Users of the Appraisal The client in this assignment is Raj Patel and the intended users of this report are Mr. Raj Patel and the City of Corpus Christi. Under no circumstances shall any of the following parties be entitled to use or rely on the appraisal or this appraisal report: i. The borrower(s) on any loans or financing relating to or secured by the subject property, ii. Any guarantor(s) of such loans or financing; or iii. Principals, shareholders, investors, members or partners in such borrower(s) or guarantors. Intended Use of the Appraisal The intended use of this report is for asset valuation for potential purchasing decisions. Real Estate Identification The subject property is located approximately 100 feet north of the intersection of Flynn Parkway and Corona Drive, Corpus Christi, Nueces County, Texas 78411. The subject is not currently recognized by the Nueces County Appraisal District. Legal Description Being a portion of Lot Number 1, in Block Number 1, of Marks Tract, an addition to the City of Corpus Christi, Nueces County, Texas, according to the established Map and Plat of said addition of record in Volume 37, Page 184 of the Map Records of Nueces County, Texas. Use of Real Estate as of the Effective Date of Value As of the current date of value, the subject was vacant land. Use of Real Estate as Reflected in this Appraisal Same as above. Ownership of the Property According to Nueces County Deed Records, title to the subject property is vested in City of Corpus Christi. History of the Property Ownership of the subject property has not changed within the past three years. The appraised property has been under continuous long-term ownership by the City of Corpus Christi for many years. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 8 AMY Valbridge 0.260-ACRE OF LAND NTRODUCTION Type and Definition of Value The appraisal problem is to develop an opinion of the market value of the subject property. Market value is defined as the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale with the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: • buyer and seller are typically motivated; • both parties are well informed or well advised, and acting in what they consider their own best interest; • a reasonable time is allowed for exposure in the open market; • payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and • the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale' Please refer to the Glossary in the Addenda section for additional definitions of terms used in this report. Valuation Scenarios, Property Rights Appraised, and Effective Dates of Value Opinions of value for the subject property were developed under the following valuation scenarios: Valuation Scenario Effective Date of Value As Is Market Value of the Fee Simple Interest February 21, 2023 Date of Report The date of this report is March 9, 2023. List of Items Requested but Not Provided • None Assumptions and Conditions of the Appraisal This appraisal assignment and the opinions reported herein are subject to the General Assumptions and Limiting Conditions contained in the report and the following extraordinary assumptions and/or hypothetical conditions, the use of which might have affected the assignment results. ' FIRREA Code of Federal Regulations, Title 12, Part 34 Subpart C - 34.42, 1990; also Interagency Appraisal and Evaluation Guidelines, Federal Register/Vol.75, No. 237, 2010 ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 9 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS INTRODUCTION Extraordinary Assumptions • The subject property is currently inaccessible by vehicle from any public roadway. Due to the subject's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, and based on conversations with city officials, no vehicular access points will be granted. This appraisal is conducted under the extraordinary assumption that the subject will be inaccessible from any public roadway in perpetuity. Hypothetical Conditions • For the purpose of this analysis, a "hypothetical economic land unit" or parent tract has been utilized in the valuation of the 0.260-acre subject property. In the valuation analysis, the hypothetical economic land unit is to be located in the immediate area of the 0.260-acre subject, is 1.500 acres in size, and exhibits generally similar physical characteristics. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 10 \/ Va I bridge 0.260-ACRE OF LAND SCOPE OF WORK Scope of Work The elements addressed in the Scope of Work are (1) the extent to which the subject property is identified, (2) the extent to which the subject property is inspected, (3) the type and extent of data researched, (4) the type and extent of analysis applied, (5) the type of appraisal report prepared, and (6) the inclusion or exclusion of items of non-realty in the development of the value opinion. These items are discussed as below. Extent to Which the Property Was Identified The three components of the property identification are summarized as follows: • Leaal Characteristics - The subject was legally identified via Nueces County deed records. • Economic Characteristics - The subject property economic characteristics were identified via in-house economic data, public information, subscriber-based data, market participants, etc. • Physical Characteristics - The subject was physically identified via a tour of the subject property completed by the appraiser. The appraiser made descriptive notes and has taken sufficient photographs to adequately depict the appraised property. The immediate neighborhood and surrounding market area were toured by the appraisers to assist in determining the development characteristics of the market area. Extent to Which the Property Was Inspected An appraisal inspection of the subject property was completed on February 21, 2023. Type and Extent of Data Researched The following data was researched and analyzed: (1) market area data, (2) property-specific market data, (3) zoning and land-use data, and (4) current data on comparable listings and transactions. Professionals familiar with the subject market/property type were also interviewed. Type and Extent of Analysis Applied (Valuation Methodology) Surrounding land use trends, the condition of any improvements, demand for the subject property, and relevant legal limitations were observed in the process of concluding a highest and best use for the subject property. The subject property was then valued based on the highest and best use conclusion. Appraisers develop an opinion of property value with specific appraisal procedures that reflect three distinct methods of data analysis: the cost approach, sales comparison approach, and income capitalization approach. One or more of these approaches are used in all estimations of value. • Cost Approach - In the cost approach, the value indication reflects the sum of current depreciated replacement or reproduction cost, land value, and an appropriate entrepreneurial incentive or profit. • Sales Comparison Approach - In the sales comparison approach, value is indicated by recent sales and/or listings of comparable properties in the market, with the appraiser analyzing the impact of material differences in both economic and physical elements between the subject and the comparables. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 11 Va I bridge 0.260-ACRE OF LAND SCOPE OF WORK • Income Capitalization Approach - In the income capitalization approach, value is indicated by the capitalization of anticipated future income. There are two types of capitalization: direct capitalization and yield capitalization, more commonly known as discounted cash flow (DCF) analysis. All these approaches to value were considered. The availability of data and applicability of each approach to value within the context of the characteristics of the subject property, along with the needs and requirements of the client, were assessed. Based on this assessment, the Sales Comparison Approach was developed. The Cost Approach has not been developed as the subject is vacant land void of structural improvements The Income Capitalization Approach is not applicable and has not been developed. The "across the fence" valuation methodology has been utilized in the appraisal of the 0.260-acre subject tract. The concept of "across the fence" valuation involves first appraising a hypothetical economic land unit then applying the concluded unit value to the calculated land area of the subject (0.260-acre). The premise of this methodology is that the subject should be worth at least as much as the land to which it abuts or passes. The "across the fence" valuation involves first appraising a hypothetical economic land unit, then applying the concluded unit value to the appraised 0.260-acre to derive the fee simple value of the appraised property. This includes making any requisite adjustments or analysis to account for appraising the subject property subject to existing easements, etc. An economic land unit is characterized as a parcel of land with frontage, depth, size, shape, soil conditions, topography, access and other characteristics typical of those found in the market area under a designated highest and best use reflective of the subject. Tracts of land in the immediate market area are typically commercially oriented sites that typically range in size from 1.00 to 5.00 acres. The comparable sales utilized in the Sales Comparison Approach to follow, range in size from 0.832 to 1.997 acres. Based on a survey of the surrounding market area, comparable land sales and the appraiser's knowledge and experience, it is the appraiser's opinion that the appropriate hypothetical economic land unit to be utilized in the initial valuation of the appraised property is 1.50 acres. A 1.50-acre commercially oriented vacant tract of land is considered a typical economic land unit in the immediate and general market area of the appraised property. For the purpose of this analysis, a "hypothetical economic land unit" or parent tract has been utilized in the valuation of the 0.260-acre subject property. In the valuation analysis, the hypothetical economic land unit is to be located in the immediate area of the 0.260-acre subject, is 1.500 acres in size, and exhibits generally similar physical characteristics. Further discussion of the extent of our analysis and the methodology of each approach is provided later in the respective valuation sections. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 12 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS SCOPE OF WORK Appraisal Conformity and Report Type The analyses, opinions, and conclusions were developed, and this report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute; and the requirements of our client. This is an Appraisal Report as defined by the Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2a. Personal Property/FF&E All items of non-realty are excluded from this analysis. The opinion of market value developed herein is reflective of real estate only. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 13 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS REGIONAL AND MARKET AREA ANALYSIS Regional and Market Area Analysis REGIONAL MAP Refugio Woodshoro rnt n _I- Lamar FJathis Fulton Sandia Sinton Rockport ur rgeGrove Odem Aransas Pass 7 P-r':nr'd Port Aransas a` Cor a hristi Kc6=',v•r P .:•.I ,4 Ile q a7 Mustang Island Driscoll @' Bishop _ Kingsville Pari :a':rd National Rios of.rll5I U:u. Premoni Loyola Beach Riviera Falfurria- onto Overview The subject is located in Corpus Christi, in Nueces County. It is part of the Corpus Christi MSA. Corpus Christi is the largest community in Nueces County and the Coastal Bend region and is the county seat of Nueces County. As of 2022, the population of Corpus Christi is 306,036. It is the eighth largest city in the State of Texas. The Corpus Christi MSA includes Nueces, Aransas, and San Patricio counties. Industries with headquarters or divisions located within the City's boundaries, or within the MSA include industrial, petrochemical, construction, meat processing, convenience store, banking, and financial services. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 14 If� Va I bridge 0.260-ACRE OF LAND REGIONAL AND MARKET AREA ANALYSIS Population Population characteristics relative to the subject property are presented in the following table. Population Estimated AnnualA Projected AnnualA Area 2020 2022 2020- 22 2027 2022 - 27 United States 331,449,281 335,707,897 0.6% 339,902,796 0.2% Texas 25,145,561 30,157,100 9.5% 31,502,395 0.9% Corpus Christi, TX (MSA) 405,027 425,071 2.4% 428,212 0.1% Nueces County 340,223 355,260 2.2% 356,837 0.1% Corpus Christi, TX 305,199 320,242 2.4% 321,962 0.1% Source:ESRI(ArcGIS) Employment Corpus Christi relies on commercial trade, service, government employment, and manufacturing, which results in a more balanced economy than other Texas cities that may rely on one dominant industry such as technology or oil. The amount of construction and repairs has and will continue to have a great impact on employment and overall economic standing as a result of the destruction to infrastructure from Hurricane Harvey. The chart below outlines employment statistics for the Corpus Christi MSA 2022 estimates. Employment by Industry - Corpus Christi, TX (MSA) 2022 Percent o Industry Estimate Employmen] Agriculture/Forestry/Fishing/Hunting 901 0.44% Mining/Quarrying/Oil &Gas Extraction 4,392 2.14% Construction 21,553 10.52% Manufacturing 13,354 6.52% Wholesale Trade 4,608 2.25% Retail Trade 22,736 11.10% Transportation/Warehousing 10,265 5.01% Utilities 1,853 0.90% Information 2,080 1.02% Finance/Insurance 6,861 3.35% Real Estate/Rental/Leasing 4,879 2.38% Professional/Scientific/Tech Services 10,048 4.91% Management of Companies/Enterprises 67 0.03% Admin/Support/Waste Management Services 7,623 3.72% Educational Services 17,550 8.57% Health Care/Social Assistance 30,203 14.75% Arts/entertainment/Recreation 2,110 1.03% Accommodation/Food Services 19,092 9.32% Other Services (excl Public Administration) 11,113 5.43% Public Administration 13,500 6.59% Total 204,788 100.0% Source:ESRI(ArcGIS) ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 1S AMY Valbridge 0.260-ACRE OF LAND REGIONAL AND MARKET AREA ANALYSIS Unemployment The following table exhibits current and past unemployment rates as obtained from the Bureau of Labor Statistics. Overall, the Region's unemployment is slightly above the national and state averages. Unemployment Rates Area YE 2018 YE 2019 YE 2020 YE 2021 YE 2022 United States 3.9% 3.7% 8.1% 5.3% 3.6% Texas 3.9% 3.5% 7.7% 5.7% 3.6% Corpus Christi, TX (MSA) 5.0% 4.3% 9.1% 7.2% 4.5% Nueces County, TX 4.7% 4.1% 8.9% 6.9% 4.3% Corpus Christi, TX 4.6% 4.1% 8.9% 6.9% 4.3% Source:www.bls.gov not seasonally adjusted, 'January-most recent for US,others lag by 1-2 mos.) Median Household Income Total median household income for the region is presented in the following table. Overall, the subject's MSA and county compare favorably to the state and the country. Median Household Income Esti mated Projected AnnuallA Area 2022 2027 2022 - 27 United States $62,203 $67,325 1.6% Texas $70,834 $81,850 2.9% Corpus Christi, TX (MSA) $64,517 $77,544 3.7% Nueces County $64,271 $77,126 3.7% Corpus Christi, TX $64,811 $77,486 3.6% Source:ESRI(ArcGIS) Conclusions Overall, the Corpus MSA is slightly inferior when compared to national and state demographic characteristics such as unemployment rate, population growth, median household income, etc.; however, with the current initiatives discussed above the outlook for the Corpus Christi MSA is considered positive. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 16 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS CITY AND NEIGHBORHOOD ANALYSIS City and Neighborhood Analysis NEIGHBORHOOD MAP H-E-B Driscoll Children's 19 t•Harne Hospital 1 H-E-B S s Supercenter Texts Roadhouse ,. % i4C Walmart Supe€center I1 E a �W ��y 5plrlt Halloween , '� 7e,6 Ra le+ir w�.iih U�srJ ,- � $`lea miya Sushi . rpus Christi ractor Supply Co H-E B Sam's Cluh �uPp 4' .n BAY AW 01 757 CabanisS Field NOLF Century 16 �n XD and IMAXV11 Corpus i Med_iC81 356 ft SOUTH SIDE Rp Walmart Supercenter 1& Ginger Cafe&Grill P r... 473 Overview The subject is located at the intersection of Flynn Parkway and Corona Drive in the south-central section of Corpus Christi in Nueces County. The subject's immediate area is characterized by commercial land use to include retail along commuter routes with secondary commercial, light industrial, and residential subdivision development backing primary commercial development. Neighborhood Location and Boundaries The subject neighborhood is located in the southcentral section of Corpus Christi. The area is urban in nature. The neighborhood is bounded by South Padre Island Drive to the north, Airline Road to the east, Saratoga Boulevard to the south, and Crosstown Expressway to the west. Transportation Access Within the immediate area of the subject property, transportation access helps define the character of its development. Major travel and commuter routes within the area of the subject property include Staples Street and South Padre Island Drive. Access to the area is considered average. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 17 Ir� Va I bridge 0.260-ACRE OF LAND CITY AND NEIGHBORHOOD ANALYSIS Demographics The following table depicts the area demographics in Corpus Christi within a one-, three-, and five- mile radius from the subject. Nei hborhood QemoqraL3hics Radius Population Summary 2010 Population 17,459 131,752 216,131 2022 Population Estimate 16,745 130,158 226,283 2027 Population Projection 16,632 129,431 225,150 Annual % Change (2022 - 2027) -0.1% -0.1% -0.1% Housing Unit Summary 2010 Housing Units 7,157 54,642 87,679 • Owner Occupied 52.2% 52.0% 54.1% • Renter Occupied 39.8% 40.4% 37.8% 2022 Housing Units 7,075 56,340 94,685 • Owner Occupied 50.7% 51.8% 54.0% • Renter Occupied 38.6% 38.3% 36.1% 2027 Housing Units 7,085 56,502 94,999 • Owner Occupied 51.0% 52.0% 54.2% • Renter Occupied 37.7% 37.5% 35.3% Annual % Change (2022 - 2027) 0.0% 0.1% 0.1% Income Summary 2022 Median Household Income Estimate $57,958 $63,900 $63,673 2027 Median Household Income Projection $67,729 $76,219 $76,320 Annual % Change 3.2% 3.6% 3.7% 2022 Per Capita Income Estimate $27,278 $32,172 $31,765 2027 Per Capita Income Projection $31,723 $37,410 $36,844 Annual % Change 3.1% 3.1% 3.0% Source:ESRI(ArcGIS) (Lot.-27775395,Lon:-97.392884) ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 18 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS CITY AND NEIGHBORHOOD ANALYSIS NUEM Corpus ..a Christi CENT AL CITY Corpus Christ: SAY AREA T�eval 0Aying Field asef Cabamss / �*✓ � r 257 Peary Place ase Flour Bluff .. 3 :.f I;'II is Xicrosaft 43r w ®2023 Lkrosoft Coroary on a M-2 T]mTc^i Source: Bing Maps-approximate 1/3/5 mile radii from subject at 27.715395,-97392884 Microsoft product screen shots reprinted with permission from Microsoft Corporation Within a three-mile radius, the reported population is 130,158 with a projected growth rate of approximately -0.1% annually. There are 56,340 housing units within that three-mile radius. The growth rate is expected to be 0.1% annually. Most of the housing is owner-occupied. Our research indicates that property values in the area are stable to increasing. Within a three-mile radius, the median household income is $63,900. Looking ahead, annual household income growth is projected at 3.6% per year. Nuisances & External Obsolescence Neighborhood properties have adequate levels of maintenance. No adverse or unfavorable factors were observed. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 19 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS CITY AND NEIGHBORHOOD ANALYSIS Neighborhood Life Cycle Most neighborhoods are classified as being in one of four stages: growth, stability, decline, or renewal. Overall, the subject neighborhood is in the stable stage of its life cycle. Immediate Area Uses The below aerial photo exhibits the uses located in the subject's immediate vicinity. IMMEDIATE AREA USES f r r Source:ESRI(ArcGIS) Uses along Flynn Parkway in the vicinity of the subject are primarily commercial in nature with a mix of office, hotel/lodging, and retail development. As shown above, the density of uses in the area is sporadic with some vacant land remaining available in the area. Analysis and Conclusions The neighborhood is characterized by a mix of commercial development and scattered undeveloped-vacant land use along commuter routes with residential land use set further back. The overall outlook for the area appears stable to slightly positive for the near term. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 20 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS SITE DESCRIPTION Site Description The subject site is located approximately 100 feet north of the intersection of Flynn Parkway and Corona Drive. The characteristics of the site are summarized as follows: Site Characteristics Gross Land Area: 0.260 Acre or 11,326 SF Usable Land Area: 0.260 Acre or 11,326 SF Usable Land %: 100.0% Shape: Generally Rectangular Topography: Level Drainage: Appears adequate Grade: At street grade Utilities: Public utilities available Off-Site Improvements: Public infrastructure Interior or Corner: Through Lot Signalized Intersection: No Excess/Surplus Land: None Street Frontage/Access SecondaryFrontage Road Primary Street Name: Flynn Parkway Corona Drive Street Type: Urban Collector Urban Collector Frontage (Linear Ft.): 70.00 60.00 Number of Curb Cuts: 0 0 Additional Access Alley Access: No Flood Zone Data Flood Map Panel/Number: 48335CO51OG Flood Map Date: 10-13-2022 Flood Zone: Zone X; According to FEMA flood maps, the subject is located outside of the 100% floodplain; however, a portion of the property is located within the 500-year floodplain Portion in Flood Hazard Area: 0.00% ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 21 AMY Valbridge 0.260-ACRE OF LAND SITE DESCRIPTION Other Site Conditions Soil Type: The appraiser has not been provided a soil or subsoil survey of the appraised property. This appraisal is based on the assumption that there are no soil or subsoil characteristics, including any sort of environmental contamination, which would adversely impact the site. If environmental contamination is present, the value conclusions contained herein may change. Environmental Issues: To the knowledge of the appraisers, there are no known environmental issues that adversely affect the value of the appraised site. Easements/Encroachments: Bisected by City of Corpus Christi utility easement. An overhead electrical line extends along the northeast property line. Adjacent Land Uses North: Vacant Land South: Vacant land East: Commercial development West: Commercial development Site Ratings Access: None Visibility: Good Zoning Designation Zoning Jurisdiction: City of Corpus Christi Zoning Classification: CG-2, General Commercial Permitted Uses: A variety of commercial uses Analysis/Comments on Site The appraised site includes 0.260-acre of land. The property is generally rectangular in shape and is located approximately 100 feet north of the intersection of Flynn Parkway and Corona Drive in Corpus Christi, Texas. The site exhibits generally level topography and features frontage along Flynn Parkway and Corona Drive. The property is currently inaccessible from any public roadway. Due to the site's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, and based on conversations with city officials, vehicular access points will not be granted. The site is bisected by a City of Corpus Christi utility easement (underground utilities). No structural improvements are to be constructed on the easement area. The only permitted uses over the easement are landscaping or paving. The city reserves the right to remove any paving located over the easement area as necessary for repairs, etc. An overhead electrical line extends along the northeast property line. The cost of repairing/repaving is borne by the property owner. The site has access to public utilities. According to FEMA flood maps, the subject is located outside of the 100% floodplain; however, a portion of the property is located within the 500-year floodplain. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 22 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS SITE DESCRIPTION SURVEY EE:NG A POR-IOM 7F LCT NIMBER 1, IH BLOCK NUMBER 1, OF MARKS TRACT, AN ADDITA711 TO THE CITY OF COR-US CHRIST[, NUECES MU47Y, TEXAS, ACCORDING -0 THE ES-ABLISPED IAP AND 'LAT OF SAID ADD[T:ON CF RECORD IN VOLUME 37, PAGF '94 CF TH= MIP =FCOROr OF N.FCFS COUNTY, TFXAS, TO 1'MT:H RFFFRFVCF IS HFRF WADF FOR )FSrRTFITTVF PLRPDSFS. gTAr Jawo ENRIOLIEI VILLAREAL Fm Trm m131Jnaem IOLDJ x1RONA 'Swill,., ABSTRR`GT 1 `4 Iu Im MEN 3R IV( 6.54 w ■ PNMdY ELATE RPNCSE, LLC 6Q'SrREET I6+1•z fS7.7/ Dw s717EIMO/m 3E3ICATION F y. ] ;ZOORKOMILRI 1 0.'.]LILGI. / �'• .. IV* CW 1 / TSTI �FppI�/RppO17]R1/��� CI T a. �' MAR-,S TR4GT %Ow xa10.9w3�'o UJIST111SEDJr / `• BI-0b. 1, LOT 1 i' OL. 3T PG. I8G Jr+e. r•110 d to L u 1 •13,25• • • A CRIME S M.P.�I.C. r R^305,DO' ` �' IN USE 60' 1 ; 01PASIe7TYE R 917 A-02'29'79' L% $THEE- LEf� CB•560'36'3 8')[ �_ DEDICATIONS. CL^13" ` K1OO,l0O SQ.FT. POI 14T OF QEG 1N 1110 'Op Cl FOND IO7aO11 uIs N11•F01 TRACT 6 Alb C `/ ❑ SCT 5/1• MAN MIO 7I TH YELLON EIYILew CIP Y•1T 150 445.47 A 1=1 LATTm MINT' E•1,§1x,4e7.MD 8 !�- TEXAS HTLV DEPT. 5D' WICTH DRAINAGE EASEMENT r LAS N°°L g, VDI. T, PG. 184 n.o-TL s1Ea1r-11Fmr REICH FN iERPRISE 9 INC.. R O t NbWJlt'Y-209 ]0.P.R.N.C.T.S ti � ,��.� MARIOR BREW ENTERPRISES, LLC�' 1L R„A..C.T. Mw 16cams IupoFs [J''Yo'I M•1L_1S SIDC:'J:S171J h`p0.P.AI.N.C.TBS o.P.LR-r.I.0rfILirI WALIC 31,7,6 7.. f. '� R�+1: 1 xrcoRcs amas Lawry. d0_. 45. F:.. 4E V 7.5•UTILITY EASEJIENI IkXAS :' VOL. M. F.O. 105fir../ ----IK13TI40 AIOI•T(!7w / ---ff7 u: 'Au•,�Ls r�,ar.T P...OCF. Lt7- 1 g COMMERCE OFFICE � SJH FLYNN LP V17Sf. PG 181 101 �F� PARK - ONE LP d AFNS TRACT BLOCF 1,. COC fl4 am?1ObOO 1a ;� � 4 ,�.'I.C. . DOC r100YQ1656 LOT 3C . °O. 5 C.P.R.N.C.T, OF gtG1NImQ POINT OF BEOImINO �► Pd.a_.. .T. POINT TRACT D +, NOTES, 2.30 ACK TRACT 17.130.173.60 y' nC sFP]IE NI'SO [S 41w.lE ET i01 AMR,,TRA A N20'2y'7'E , C2.. 1.342,64S-75 � N. 50.5 4.49 T0.0O' � E•I„3+2,306.6% I. WCC TITLE SEARCH PiKWIOE'O BY FIRST ANIEREC 3111 B1 2 , I ]5 ... 0 a I. rol��.. _ / ... k LEC -V DONPARY. Or NO. TH ESCO3PA11IE5�H1 DATE S XL 15 5L�1J ;• / 7 Bl01. 7 I"T :] �/c7 g [• a 4,1p 2. k CECJEL GACM PTION� IS S DATE 4'.]I 5 �G S41 a +.L r V.P.IJ. d1. 'P.ce yF DJL13F[NC. �'L� !• I!. ^1O r8 3.. ALL EAHTNDS APE R•SE9 04 THE TEXAS REF EPIEMCE 4*O IY. ! J COORD[NA TE 5Y5 TFJL SOUTH ZONE t42MI3 YAOBS. A_L 3I5T ES SHIM ARE CORNER �� '` / DISPLAYED :N GRLO. F7ME1 510• AIS CHAP Q�Q �, 1 A, ACCIMINO y0 THE FLOOD INSURANCE RATE S'AIPFD • �.. MIP IF IHIM1 FOR THE CI-Y OF COWLS 'IFIDAII ENG.' � yn1 1�_ I yrL w1ALL CHRISTI 10.ECES COa.OfTY, TE3A6 �, 11.C. ..a COLAMM1TrY'PA16'I N10JFi 4a5474�12M1C. V� "ITY CF ■IDSA MAP XEYJ SED JLLr 10, 1705 7XE 71s5.1EC7 CORPJS CHRISTI IAIy'E 0.7• PROPEpTY 11 UDCATF0 1Y 2IJhF CON[KSa IN ` {Y 0A I� THJS CASE IS IAF A SPECIAL FLOOD FIAIARO IK0 apOtN.1_T.0 LL\S1 AREA. 'J-F-R.N.".i- CE5CR[BED IN �"' OME TNLf CORRECTION INSn;kKWT ARC ACREAB- JAR .CTP DOC +281.7022329 o7eli IPELIA IIA0116 LEICTX EPAHD C1 11'22'25•LT'. =00' OL 51' SM['32.11-M W�41' -OTA-ACREAGE["LS L30 ApMDS (100,100 50.7T.Y OF 9H CHI 07 woo'0O"RT. 10.00' 15.1`1' 31 dP 71'4J'"E 34,14' APPROKIMAPLLT 0.53 ACHES L23.101 SA.FT.I LIES IN ELYNN PARKSAY 60' STREET OCOICA71ON AFPROI TMA.TE.Y 0.26 ACRES I'1,15B SO.FT.I LIES IN 1OL0) caimm DRIVE THF' STREET DEDICATION APP ROX TWL.IF.Y 0.0?ACRES I864 50. ET.1 LIES T-N DOr OILA DRI VF (VARI ASIF WE 3T4 R.O-R.I F-x APPROXIMATE.Y 1.49 ACNES (64,911 SO. H1,) 11h ENCU76ERED BY PUBLIC CECICAl'tws Ar 4�Is it THE UNDERSIGNED HEREBY CERTIFIE54 THAT TF[$ SURVEY WA$ WIDE OY TH- OAO JND ON 11/19/2021, UNDER MY ,1 3 SLPERNET10N AND IS TRUE AND CORfIECT TO THE BEST OF WY KNOWLEDGE A. 11101M AND BEL[ET, 33 IF w SIGNED; 'T•,,.;,_= llu w JAWS A. WOODS REGISTERED PROFESS.IC4AL LAND SURVEYOR TEXAS No. 5333 r-44 C ivi I fARAINI BY: A.,1fJHAS DATE+ �P/pi/POPP x ,JOB W.° NIA SCAL E. I'm 100' a01 LINiL CSR WENTI.-1 11404 TCN u/I1an SJ11 FI.®. &K. IMC?.r NA PACE 3 OF 3 T'19�Y•11Y hOIM1aa iXm•iRl.I maa ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 23 Valbridge 0.260—ACRE OF LAND PROPERTY ADVISORS SITE DESCRIPTION AERIAL VIEW d ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 24 Valbridge 0260-ACRE OF LAND SITE DESCRIPTION r, PROPERTY ADVISORS FLOOD MAP National Flood Hazard Layer FIRMette +HMA Legmd tA ill q.— y a J �_� � •�"' r ,. � iyT f♦; n Of FERAR �Ac,Ae LW.r•�nm R••Weia[�� �tl .., E44 f.1147L 1L'.:V[r Y^;tiA•dU "� RF•µ � WI1y�IWr MIIWIn � � x�,f/ �. ��•^: �s. �fin„ ^ .�`�.. �f,, ! ' '� �tL 1(JX IAY' �WI°�, « ��•�•A^�,F i � ♦�., X .. ` ti xW �,b.r mq Feel 1:6,000 .:.�.. M. 0 250 500 1,000 1.500 ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 25 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS SITE DESCRIPTION FLOOD MAP-AERIAL VIEW ,r C'lt-,' of C rpus All I Skl 4S O 'Am��i", ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 26 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS SITE DESCRIPTION ZONING MAP Zoning:CG-2 L ORDINANCE' OVERLAY TAG CG-2 CASE NUf.,T Zoom to age RM-3 5 _ RS-TF ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 27 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS SUBJECT PHOTOGRAPHS Subject Photographs I` pis Y �I 6 •`., pp 3,';n xfii 5 V 41 IP;:Ij x View looking northwest at subject from Corona Drive WOM A vc q+�esc rV ' a m View looking southeast at subject from Flynn Parkway ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 28 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ASSESSMENT AND TAX DATA Assessment and Tax Data Assessment Methodology The subject is not currently recognized by the Nueces County Appraisal District. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 29 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS MARKET ANALYSIS Market Analysis Inflation Inflation is perhaps the biggest 2023 concern for CRE markets and investors. High inflation rates are being driven by both demand (stimulus, more businesses opening, high savings rates) and supply factors (labor shortages and supply chain disruptions). While at the highest rate in 30 years, inflation will likely stay high for the next year. The following table presents historical inflations rates: ANNUAL CPI RATE OF CHANGE Percent 10.0 5.0 0.0 -5.0 Nov 2002 Nov 2004 Nov 2006 Nov 2008 Nov 2010 Nov 2012 Nov 2014 Nov 2016 Nov 2018 Nov 2020 Nov 2022 Source:U.S. Bureau of Labor Statistics The November 2022 CPI reading was an annual rate of 7.1%, down from the annual rate of 9.0% in June, a pace not seen since 1990. Because of the unique nature of the causes of this rate of inflation, the demand outlook does not point to accelerating inflation over the medium term, which is most important for the overall economic outlook and for decision makers at the Federal Reserve. Market participants anticipate that the Fed will continue to hike interest rates in early 2023 to combat inflation. The biggest risk is that unexpected runaway inflation would be damaging to the economy and negatively affect commercial property markets. However, this is not the expected scenario and elevated inflation can have a net positive impact on commercial property values. Interest Rates To combat inflation, the Federal Reserve raised the federal funds rate by 25 basis points in March 2022, reflecting the first increase since 2018. However, this increase had little to no impact in year over year inflation and the Federal Reserve raised rates by an additional 50 basis points in May 2022, followed by 75 basis points in June, July, September, and November 2022. Interest rate increases were moderated in December at 50 basis points in response to CPI rolling over. Interest rate increases affect capital-intensive industries like real estate. As credit becomes more expensive, investor return requirements increase, which can lead to higher capitalization rates expectations. As inflation persists and the market anticipates additional rate hikes by the Fed, slower growth in CRE pricing and transactions is expected. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 30 Va I bridge 0.260-ACRE OF LAND MARKET ANALYSIS In general, nominal (non-inflation adjusted) real estate returns perform well under a variety of rate environments, while inflation-adjusted real estate returns are strongest during periods of stability, according to research done by Trepp. In a March 2022 report on interest rates and commercial real estate, moderate declines or slight increases (0 to 50 basis points) create the strongest returns, with median annual growth at 3.1%. Trepp outlined the following possible impacts of higher interest rates on major CRE sectors: Multifamily Issuance in this sector surged in the low-interest-rate environment of 2020 and 2021 Sharply higher interest rates put a dent in issuance in late 2022, as higher borrowing costs reduced demand for debt financing. In the long-term, issuance could rebound. Despite the current trend of declining unemployment and rising income, wage inflation is outpacing price inflation as of now. If this inflation trend continues, consumer demand could be pushed further toward rental properties. However, the market is currently experiencing a shift away from renting. According to data from the United States Census Bureau, the homeownership rate increased to 65.5% in Q4 2021, a decline from the Q2 2020 peak of 67.9% (a rate height that has yet to be surpassed by those seen post-2008 financial crisis). Additionally, those between the ages of 25 to 29 have increased their homeownership share to 35.4°/x, up from 34.8% a year earlier, possibly suggesting that younger families are moving away from renting. Office The office sector also benefited from the low-interest-rate environment. However, rising interest rates have resulted in an overall drag on growth in 2022 with some companies reducing their projections for future office space needs. With that in mind, landlords have been more willing to lock in tenants at their current rates rather than risk losing them. However, firms are in the midst of the debate over hybrid, in-person, and fully remote expectations from employees, and some are choosing to offload their excess office spaces and either downsize or do away with their in-person spaces for good. Additionally, rising rates have been problematic when it comes to refinancing. The office market is already in turmoil and rising interest rates are adding to the uncertainty in the market. Retail With rising interest rates and a slowing economy, some retailers may curtail plans for growth in response to an up-and-coming potential drop in disposable consumer income. This curtailment may make it more difficult to backfill vacant spaces and lead to consolidation by retailers. Investors could choose to approach 2023 with a more conservative view of retail occupancy going forward. Lodging The hotel industry faces challenges from both a supply and demand perspective. CMBS lenders abruptly stopped funding loans when the pandemic took effect in 2020, but, since then lodging loan issuance has picked up. While this seems like good news, the uptick in issuance could prove too fast and there is a potential for the supply to outpace demand. There may not be enough demand to absorb the new supply if consumers and businesses maintain and reduce their levels of spending. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 31 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS MARKET ANALYSIS Conclusions Various market participants will feel the effects of rising interest rates. As highlighted above, each sector of the CRE space will react differently to these rising rates. Ultimately there was some volatility in late 2022 experience across most CRE sectors, which is expected to continue until interest rates moderate. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 32 VaIbridge 0.260-ACRE OF LAND HIGHEST AND BEST USE Highest and Best Use Analysis The Highest and Best Use of a property is the use that is legally permissible, physically possible, and financially feasible which results in the highest value. An opinion of the highest and best use results from consideration of the criteria noted above under the market conditions or likely conditions as of the effective date of value. Determination of highest and best use results from the judgment and analytical skills of the appraiser. It represents an opinion, not a fact. In appraisal practice, the concept of highest and best use represents the premise upon which value is based. Highest and Best Use As Though Vacant The primary determinants of the highest and best use as though vacant are (1) Legal permissibility, (2) Physical possibility, (3) Financial feasibility, and (4) Maximum productivity. Legally Permissible The subject site is zoned CG-2, General Commercial, which controls the general nature of permissible uses and is appropriate for the location and physical elements of the subject property. The location of the subject property is appropriate for the uses allowed, as noted previously, and a change in zoning is unlikely. The site is bisected by a City of Corpus Christi utility easement. No structural improvements are allowed on the easement. The only permitted uses over the easement are for landscaping or paving. The city reserves the right to remove any paving located over the easement area as necessary for repairs, etc. The cost of repairing/repaving is borne by the property owner. An overhead electrical line extends along the northeast property line. The site is significantly adversely affected by the limitations imposed by utility easement. Physically Possible The physical characteristics of the subject site are presented in the Site Description. The site is currently inaccessible from any public roadway. As previously discussed, due to the site's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, and based on conversations with city officials, no vehicular access points will be granted. Elements such as size, shape, availability of utilities, known hazards (flood, environmental, etc.), and other potential influences were considered. The utility of the site is severely adversely impacted by lack of access from a public roadway. Financially Feasible A review of published yield, rental and occupancy rates suggests that there is a balanced supply of commercial development and demand is marginally sufficient to support construction costs and timely absorption of additional inventory in this market. Based on the subject's legally permissible and physically possible limitations discussed above, the only financially feasible use for the subject is assemblage with adjoining land. Maximally Productive Among the financially feasible uses, the use that results in the highest value (the maximally productive use) is the highest and best use. Considering these factors, the maximally productive use as though vacant is for assemblage with adjoining land. Highest and Best Use As Though Vacant Conclusion The conclusion of the highest and best use as though vacant is for assemblage with adjoining land. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 33 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS HIGHEST AND BEST USE Most Probable Buyer As of the date of value, the most probable buyer of the subject property is an adjacent landowner. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 34 X11/19 V a I b r i d g e 0.260 ACRE OF LAND LAND VALUATION Land Valuation Methodology Site Value is most often estimated using the sales comparison approach. This approach develops an indication of market value by analyzing closed sales, listings, or pending sales of properties similar to the subject, focusing on the difference between the subject and the comparables using all appropriate elements of comparison. This approach is based on the principles of supply and demand, balance, externalities, and substitution, or the premise that a buyer would pay no more for a specific property than the cost of obtaining a property with the same quality, utility, and perceived benefits of ownership. The "across the fence" valuation methodology has been utilized in the appraisal of the 0.260-acre subject tract. The concept of "across the fence" valuation involves first appraising a hypothetical economic land unit then applying the concluded unit value to the calculated land area of the subject (0.260-acre). The premise of this methodology is that the subject should be worth at least as much as the land to which it abuts or passes. The "across the fence" valuation involves first appraising a hypothetical economic land unit, then applying the concluded unit value to the appraised 0.260-acre to derive the fee simple value of the appraised property. This includes making any requisite adjustments or analysis to account for appraising the subject property subject to existing easements, etc. An economic land unit is characterized as a parcel of land with frontage, depth, size, shape, soil conditions, topography, access and other characteristics typical of those found in the market area under a designated highest and best use reflective of the subject. Tracts of land in the immediate market area are typically commercially oriented sites that typically range in size from 1.00 to 5.00 acres. The comparable sales utilized in the Sales Comparison Approach to follow, range in size from 0.832 to 1.997 acres. Based on a survey of the surrounding market area, comparable land sales and the appraiser's knowledge and experience, it is the appraiser's opinion that the appropriate hypothetical economic land unit to be utilized in the initial valuation of the appraised property is 1.50 acres. A 1.50-acre commercially oriented vacant tract of land is considered a typical economic land unit in the immediate and general market area of the appraised property. For the purpose of this analysis, a "hypothetical economic land unit" or parent tract has been utilized in the valuation of the 0.260-acre subject property. In the valuation analysis, the hypothetical economic land unit is to be located in the immediate area of the 0.260-acre subject, is 1.500 acres in size, and exhibits generally similar physical characteristics. Unit of Comparison The unit of comparison selected depends on the appraisal problem and nature of the property and is intended to explain or mirror market behavior. The primary unit of comparison in the market and applied in this analysis is price per usable square foot. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 35 V a I bridge 0.260 ACRE OF LAND LAND VALUATION Elements of Comparison Elements of comparison are the characteristics or attributes of properties and transactions that cause the prices of real estate to vary. The primary elements of comparison considered in sales comparison analysis are as follows: (1) property rights conveyed, (2) financing terms, (3) conditions of sale, (4) expenditures made immediately after purchase, (5) market conditions, (6) location and (7) physical characteristics. Comparable Sales Data The market was studied to identify sales and listings of typical commercial tracts in the subject's market area. These properties typically have similar locations and physical characteristics. Of these transactions, sufficient sales data was available for the following sale comparables, which were analyzed to estimate a unit value for the economic unit. The following table summarizes the sale comparables utilized and a map illustrating the location of each in relation to the subject property follows. Details of each comparable follow the location map. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 36 Va I bridge 0.260 ACRE OF LAND PROPERTY ADVISORS LAND VALUATION Land Sales Summary Date Usable Sales Price Per No. of Sale Acres Location Zoning Actual Sq. Ft. 1 February-23 0.832 5718&5722 Wooldridge Road Corpus Christi, Texas IL $485,000 $13.38 2 December-22 1.029 4302 Tiger Lane Corpus Christi, Texas CG-1 $432,000 $9.64 3 May-22 0.950 3910 Saratoga Boulevard Corpus Christi, Texas CG-1 $745,200 $18.00 4 August-20 1.997 6702 S Staples St. Corpus Christi, Texas CG-2 $1,566,000 $18.00 COMPARABLE SALES MAP Pavani Express rj Seirii Hallowee, Umiya Sushi Embassy Suites by Hilton Corpus Christi est Buy Land Sale No.2 H-E•B am's Club HoAr�e Sub'ect Pra ke. La P,almer7 p f � . J Hobby Lobby ; ase Sunrise Target b ` 3 Golde 55r `"°�iyka � Buffr, Lowe's Home i Prirne TimeChrialmlPImprovement Corpu Land Sale No.3 m Store 0 Andy s Kilclrerr� a' a ab aL LanLS ale No. 1 1Y PSS C H-E-B plus! SOUTH SIDE ya`� 157 almart Supercenter 'Peter Piper Pizz.r 2s Land Sale No.4 0 e Ginger Cafe&Grill ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 37 Valbridge 0.260 ACRE OF LAND PROPERTY ADVISORS LAND VALUATION LAND COMPARABLE 1 Property Property Name 5718 & 5722 Wooldridge Road Address 5718 & 5722 Wooldridge Road City County State Zip Corpus Christi, Nueces County, Texas 78414 ti MSA Corpus Christi Tax ID 605323 VPA Property/Sale ID 11297655/1635116 ( Transaction Data Sale Status Closed Sale Date February 28, 2023 Grantor/Seller Robert Gonzalez �� , Grantee/Buyer M Lots, LLC Recording Number 2023005260 '"" �•. Property Rights Fee Simple Financing Cash to Seller F Conditions of Sale Arm's Length Property Description Sales Price $485,000 Gross Land Area 0.832 Acres/36,242 SF Post-Sale Exp.Adj. $0 Usable Land Area 0.83200 Acres/36,242 SF Non-Realty Items Adj. $0 Frontage Feet 190.19 Adjusted Sales Price $485,000 Depth 195.00 AdjustedorsStreet Access Average Price per Gross Acre $582,933 Rail Access No Price per Gross SF $13.38 Water/Port Access No Price per Usable Acre $582,933 Visibility Average Price per Usable SF $13.38 Corner/Interior Interior Price per Front Foot $2,550.08 Shape Rectangular Verification Topography Level Confirmed By Wes Collier Utilities Public utilities available Confirmation Source Wayne Lundquist Flood Hazard Zone Zone X Confirmation Contact 361-510-7371 % in Flood Hazard 0.00% Zoning Code IL Light Industrial The site includes 0.832-acre of land located along the north side of Wooldridge Road in the southeastern section of Corpus Christi. The site exhibits generally level topography and features approximately 190 feet of frontage along Wooldridge Road. Public utilities are available to the property. According to FEMA flood maps, the site is located outside of the 100-year floodplain. The immediate area surrounding the site includes predominantly light industrial development intermingled with retail, office, and multi-family uses. The site is zoned LI, Light Industrial, and is well suited for development as permitted by zoning. The property was purchased by M Lots, LLC on February 2, 2023. The asking price for the subject was $498,000. The final sales price was $485,000. The transaction is recorded in Document No. 2023005260. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 38 0Va I bridge 0.260 ACRE OF LAND PROPERTY ADVISORS LAND VALUATION LAND COMPARABLE 2 Property Identification Address 4302 Tiger Lane City County State Zip Corpus Christi, Nueces County, ' Texas 78411 MSA Corpus Christi ��� Tax ID 593907 VPA Property/Sale ID 11300020/1635305Transaction Data Sale Status Closed Sale Date December 1, 2022 Grantor/Seller Sun Flynn, L.P. Grantee/Buyer Red Gold Dragons, LLC Recording Number 2022054290 Property Rights Fee Simple Financing Cash to Seller Conditions of Sale Arm's Length Sales Price $432,000 Property Description Post-Sale Exp.Adj. $0 Gross Land Area 1.029 Acres/44,823 SF Non-Realty Items Adj. $0 Usable Land Area 1.02900 Acres/44,823 SF Adjusted Sales Price $432,000 Frontage Feet 200.00 AdjustedorsVisibility Average Price per Gross Acre $419,825 Corner/Interior Interior Price per Gross SF $9.64 Shape Rectangular Price per Usable Acre $419,825 Topography Level Price per Usable SF $9.64 Utilities Public utilities available Price per Front Foot $2,160.00 Flood Hazard Zone Zone A Verification % in Flood Hazard 35.00% Confirmed By Wes Collier Zoning Code CG-1 General Commercial Confirmation Source Wayne Lundquist Confirmation Contact 361-854-4448 The property includes 1.029 acres located along the north side of Tiger Lane in the southern section of Corpus Christi. The tract is in an area of mixed residential, multi-family, and governmental office use. The property is an interior tract with single-sided frontage along Tiger Lane. The site is zoned General Commercial by the City of Corpus Christi. According to FEMA flood maps, approximately 30%-40% of the property is located within the 100-yearfloodplain. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 39 \� Va I bridge 0.260 ACRE OF LAND PROPERTY ADVISORS LAND VALUATION LAND COMPARABLE 3 Property Identification Address 3910 Saratoga Boulevard City County State Zip Corpus Christi, Nueces County, Texas 78415 MSA Corpus Christi Tax ID 603299 VPA Property/Sale ID 11300023/1635308 �. Transaction Data Sale Status Closed Sale Date May 31, 2022 Grantor/Seller Corpus Christi Island Apartment Villas Management Group, LLC Grantee/Buyer Oloyo Investments, Ltd. Recording Number 2022027069 • ' ;, Property Rights Fee Simple Financing Cash to Seller Property Description Conditions of Sale Arm's Length Gross Land Area 0.950 Acres/41,399 SF Sales Price $745,200 Usable Land Area 0.95040 Acres/41,399 SF Post-Sale Exp.Adj. $0 Frontage Feet 150.00 Non-Realty Items Adj. $0 Visibility Average Adjusted Sales Price $745,200 Corner/Interior Interior Adjusted Sales Price Indicators Shape Rectangular Price per Gross Acre $784,091 Topography Level Price per Gross SF $18.00 Utilities Public utilities available Price per Usable Acre $784,091 Flood Hazard Zone Zone X Price per Usable SF $18.00 % in Flood Hazard 0.00% Price per Front Foot $4,968.00 Zoning Code CG-1 General Commercial Verification Confirmed By Wes Collier Confirmation Source Wayne Lundquist The property includes 0.950-acre located along the north side of Saratoga Boulevard in the southern section of Corpus Christi. The tract is in an area of primarily retail and light industrial development. The property is an interior tract with single-sided frontage along Saratoga Boulevard. The site is zoned General Commercial by the City of Corpus Christi. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 40 \� Va I bridge 0.260 ACRE OF LAND PROPERTY ADVISORS LAND VALUATION LAND COMPARABLE 4 Property Identification Ar ` . Property Name Staples Land Address 6702 S Staples St. � � City County State Zip Corpus Christi, Nueces County, , Texas 78414 . MSA Corpus Christi VPA Property/Sale ID 11004267/1438616 Transaction Data Sale Status Closed Sale Date August 4, 2020 Grantor/Seller Staples Timbergate Highway Property, LLC Grantee/Buyer Staples Plaza, LLC Property Rights Fee Simple Financing Cash to Seller Conditions of Sale Arm's Length Sales Price $1,566,000 Property Description Financing Adj. $0 Proposed Use Commercial Sale Conditions Adj. $0 Gross Land Area 1.997 Acres/87,000 SF Post-Sale Exp.Adj. $0 Usable Land Area 1.99724 Acres/87,000 SF Non-Realty Items Adj. $0 Frontage Feet 250.00 Adjusted Sales Price $1,566,000 No. of Lots 1 Adjusted Sales Price Indicators Street Access Good Price per Gross Acre $784,082 Rail Access No Price per Gross SF $18.00 Water/Port Access No Price per Usable Acre $784,080 Visibility Good Price per Usable SF $18.00 Corner/Interior Corner Price per Front Foot $6,264.00 Shape Rectangular Verification Topography Level Confirmed By Mitchell Kirkpatrick Utilities Water, sewer, gas, electrical Confirmation Source Wayne Lundquist Flood Hazard Zone Zone X Confirmation Contact 361-510-7371 Zoning Code CG-2 Commercial This is the sale of a 2.00 acre parcel at the southeast corner of S. Staples and Timbergate Drive. This is a signalized intersection. The site also has frontage on Timbergate Drive which is a secondary thoroughfare. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 41 Va I bridge 0.260 ACRE OF LAND LAND VALUATION Land Sales Comparison Analysis When necessary, adjustments were made for differences in various elements of comparison, including property rights conveyed, financing terms, conditions of sale, expenditures made immediately after purchase, market conditions, location, and other physical characteristics. If the element in comparison is considered superior to that of the subject, a negative adjustment was applied. Conversely, a positive adjustment was applied if inferior. A summary of the elements of comparison follows. Transaction Adjustments Transaction adjustments include: (1) real property rights conveyed, (2) financing terms, (3) conditions of sale, and (4) expenditures made immediately after purchase. These items, which are applied prior to the market conditions and property adjustments, are discussed as follows: Real Property Rights Convey Real property rights conveyed influence sales prices and must be considered when analyzing a sale comparable. The property rights appraised reflect the fee simple interest. All of the sale comparables conveyed the same interest; therefore, no adjustments were required. Financing_ Terms The transaction price of one property may differ from that of an identical property due to different financial arrangements. Sales involving financing terms that are not at or near market terms require adjustments for cash equivalency to reflect typical market terms. A cash equivalency procedure discounts the atypical mortgage terms to provide an indication of value at cash equivalent terms. All of the sale comparables involved typical market terms by which the sellers received cash or its equivalent and the buyers paid cash or tendered typical down payments and obtained conventional financing at market terms for the balance. Therefore, no adjustments for this category were required. Conditions of Sale When the conditions of sale are atypical, the result may be a price that is higher or lower than that of a normal transaction. Adjustments for conditions of sale usually reflect the motivations of either a buyer or a seller who is under duress to complete the transaction. Another more typical condition of sale involves the downward adjustment required to a comparable property's for-sale listing price, which usually reflects the upper limit of value. No adjustments for atypical conditions or for-sale listings were warranted. Expenditures Made Immediately After Purchase A knowledgeable buyer considers expenditures required upon purchase of a property, as these costs affect the price the buyer agrees to pay. Such expenditures may include: costs to demolish and remove any portion of the improvements, costs to petition for a zoning change, and/or costs to remediate environmental contamination. The relevant figure is not the actual cost incurred, but the cost anticipated by both the buyer and seller. Unless the sales involved expenditures anticipated upon the purchase date, no adjustments to the comparable sales are required for this element of comparison. The parties to these transactions did not anticipate expenditures were required immediately after purchase; therefore, no adjustments were warranted. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 42 Va I bridge 0.260 ACRE OF LAND LAND VALUATION Market Conditions Adjustment Market conditions change over time because of inflation, deflation, fluctuations in supply and demand, or other factors. Changing market conditions may create a need for adjustment to comparable sale transactions completed during periods of dissimilar market conditions. Discussions with market participants and a review of market data indicated overall market conditions for vacant land properties in the subject's market area have been improving with recent transactions confirming this trend. The comparable sales range in date of transaction from August 2020 to February 2023; thus, slight upward adjustments are warranted. Property Adjustments Property adjustments are usually expressed quantitatively as percentages or dollar amounts that reflect the differences in value attributable to the various characteristics of the property. In some instances, however, qualitative adjustments are used. These adjustments are based on locational and physical characteristics and are applied after transaction and market conditions adjustments. The reasoning for the property adjustments made to each sale comparable follows. The discussion analyzes each adjustment category deemed applicable to the subject property. Location Location adjustments may be required when the locational characteristics of a comparable are different from those of the subject. These characteristics can include general neighborhood characteristics, proximity to major thoroughfares, proximity to employments centers and amenities, neighboring properties, and accessibility. The subject site is located approximately 100 feet north of the intersection of Flynn Parkway and Corona Drive. Flynn Parkway and Corona Drive are secondary traffic corridors developed with primarily secondary commercial, multi-family, and single-family residential development. Comparable Sale No. 1 is located along Wooldridge Road. Comparable Sale No. 2 is located along Tige Lane in close proximity to the subject. The locational characteristics exhibited by Comparable Sale Nos. 1 and 2 are considered similar to the subject; therefore, no adjustments are required. Comparable Sale Nos. 3 and 4 are located along Saratoga Boulevard and South Staples Street, respectively. Saratoga Boulevard and South Staples Street are primary neighborhood traffic corridors that exhibit higher traffic counts and more dense commercial development along the routes. The locational characteristics exhibited by Comparable Sale Nos. 3 and 4 are considered superior to the appraised property; thus, downward adjustments are warranted. Size The size adjustment addresses variance in the physical size of the comparables and that of the subject, as a larger parcel typically commands a lower price per unit than a smaller parcel. This inverse relationship is due, in part, to the principle of"economies of scale." Based on an analysis of similar properties within the subject's market area as well as the comparable sales utilized in the following land valuation analysis, the appraiser has considered a 1.50-acre economic unit. The comparable sales range in size from 0.832-acre to 1.997 acres. Comparable Sale Nos. 1, 2, and 3 are smaller than the appraised economic unit; thus, downward adjustments are applied. Comparable Sale No. 4 is larger than the appraised economic unit; therefore, an upward adjustment is appropriate. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 43 \% Va I bridge 0.260 ACRE OF LAND LAND VALUATION P OPLPF LDV60R Corner Exposure Tracts with major corner exposure typically command higher prices in the marketplace, as opposed to mid-block or interior locations. For retail users, the hard corner of an intersection may be marketed to a fairly large pool of small users (e.g. service stations, fast food restaurants, etc.) for sale. The subject site is a through lot with frontage along Flynn Parkway and Corona Drive. Comparable Sale Nos. 1, 2, and 3 are interior locations with single-sided frontage considered inferior to the appraised tract; therefore, upward adjustments are applied. Comparable Sale No. 4 is a corner location with frontage along South Staples Street and Timbergate Drive. The corner exposure exhibited by Comparable Sale No. 4 is considered similar in comparison to the appraised tract; thus, no adjustment is required. Floodplain A property's location within flood zone areas is typically a negative factor due to the increased costs of raising improvements up out of the floodplain, as well as additional insurance costs associated with improvements. According to FEMA flood maps, the appraised property is located outside of the 100-year floodplain. According to FEMA flood maps, Comparable Sale Nos. 1, 3, and 4 are located outside the 100-year floodplain; thus, no adjustments are warranted. According to FEMA flood maps, Comparable Sale No. 2 exhibits approximately 30-40% exposure to the 100-year floodplain; as such, an upward adjustment is appropriate. Zonina The highest and best use of sale comparables should be very similar to that of the subject property. When comparables with the same zoning as the subject are lacking or scarce, parcels with slightly different zoning, but a highest and use similar to that of the subject may be used as comparables. These comparables may require an adjustment for differences in utility if the market supports such adjustment. The appraised tract is zoned General Commercial. Comparable Sale No. 1 is zoned Light Industrial which restricts the development to lower densities, etc. The zoning classification exhibited by Comparable Sale No. 1 is considered inferior to the appraised tract; thus, an upward adjustment is warranted. Comparable Sale Nos. 2, 3, and 4 are zoned General Commercial 1 and 2 which is considered similar to the appraised tract; as such, no adjustments are required. Summary of Adjustments A summary of the adjustments made to the sale comparables is presented in the following table: ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 44 Va I bridge 0.260 ACRE OF LAND PROPERTY ADVISORS LAND VALUATION LAND SALES ADJUSTMENT GRID - ECONOMIC UNIT Subject Sale#1 Sale#2 Sale#3 Sale#4 Sale ID 1635116 1635305 1635308 1438616 Date of Value&Sale February-23 February-23 December-22 May-22 August-20 Unadjusted Sales Price $485,000 $432,000 $745,200 $1,566,000 Usable Acres 1.500 0.832 1.029 0.950 1.997 Unadjusted Sales Price per Usable Sq. Ft. $13.38 $9.64 $18.00 $18.00 Transactional Adjustments Property Rights Conveyed Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Adjusted Sales Price $13.38 $9.64 $18.00 $18.00 Financing Terms Cash to Seller Cash to Seller Cash to Seller Cash to Seller Cash to Seller Adjusted Sales Price $13.38 $9.64 $18.00 $18.00 Conditions of Sale Typical Arm's Length Arm's Length Arm's Length Arm's Length Adjusted Sales Price $13.38 $9.64 $18.00 $18.00 Expenditures after Sale $0 $0 $0 $0 Adjusted Sales Price $13.38 $9.64 $18.00 $18.00 Market Conditions Adjustments Elapsed Time from Date of Value 0.05 years 0.22 years 0.73 years 2.55 years Market Trend Through February-23 0.2% 0.7% 2.2% 7.7% Analyzed Sales Price $13.40 $9.70 $18.39 $19.38 Physical Adjustments Location Flynn Parkway and 5718&5722 4302 Tiger Lane 3910 Saratoga 6702 S Staples St. Corona Drive Wooldridge Boulevard Road Corpus Christi, Corpus Christi, Corpus Christi, Corpus Christi, Corpus Christi, Texas Texas Texas Texas Texas Adjustment -20.0% -20.0% Size 1.500 acres 0.832 acres 1.029 acres 0.950 acres 1.997 acres Adjustment -9.0% -6.0% -7.0% 3.0% Shape/Depth Irregular Rectangular Rectangular Rectangular Rectangular Adjustment Corner Exposure Corner Interior Interior Interior Corner Adjustment 10.0% 10.0% 10.0% - Frontage/Access Typical Primary- 190 Primary-200 Primary- 150 Primary-250 feet feet feet feet&Secondary- 225 feet Adjustment Utilities Public utilities Public utilities Public utilities Public utilities Public utilities available available available available available Adjustment Floodplain Zone Zone Approximately Zone Zone 30-40%Zone A Adjustment 30.0% Zoning CG-2 IL CG-1 CG-1 CG-2 Adjustment 10.0% Easements/Encumbrances None adverse None adverse None adverse None adverse None adverse Adjustment - - Net Physical Adjustment 11.0% 34.0% -17.0% -17.0% Adjusted Sales Price per Usable Square Foot $14.88 $13.00 $15.27 $16.08 ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 45 Va I bridge 0.260-ACRE OF LAND _ LAND VALUATION Conclusion The land comparables were adjusted based on pertinent elements of comparison with the unadjusted and adjusted unit sales prices presented in the following table: Land Sale Statistics Metric Unadjusted Analyzed Adjusted Min. Sales Price per Usable Square Foot $9.64 $9.70 $13.00 Max. Sales Price per Usable Square Foot $18.00 $19.38 $16.08 Median Sales Price per Usable Square Foot $15.69 $15.90 $15.07 Mean Sales Price per Usable Square Foot $14.76 $15.22 $14.81 All four of the comparable sales are considered meaningful indicators of value. The adjusted prices of the sales ranged from $13.00 to $16.08 per square foot with an average or $14.81 per square foot and a median of $15.07 per square foot. Three of the comparable sales indicate a closely aligned range from $14.88 to $16.08 per square foot with an average of $15.41 per square foot. The "across the fence" valuation methodology has been utilized in the appraisal of the 0.260-acre subject. The concept of"across the fence"valuation involves first appraising a hypothetical economic land unit then applying the concluded unit value to the calculated land area of the subject (0.260 acres). The premise of this methodology is that the subject should be worth at least as much as the land to which it abuts or passes. The final step in the valuation of the appraised 0.260-acre property is to apply the indicated market value on a per acre basis to the 0.260-acre subject. When the indicated market value of $15.00 per acre is applied to the 0.260-acre property, the indicated market value is $170,000. Based on this analysis, the land value indication is summarized as follows: Land Value Conclusion Reasonable Adjusted Comparable Range 0.260 acres x $14.88 psf = $168,531 0.260 acres x $16.08 psf = $182,122 Preliminary Market Value Opinion (Rounded) 0.260 acres x $15.00 psf = $170,000 ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 46 V a I bridge 0.260-ACRE OF LAND LAND VALUATION Access and Easement Limitations The final step in the valuation of the appraised 0.260-acre tract is the consideration of the impact of the denial of access by the City of Corpus Christi as well the utility easement bisecting the subject. The initial market value conclusion estimated herein reflects the unencumbered fee simple title interest in the 0.260-acre property, subject to typical easements and encumbrances. Fee simple ownership in the property is compared to a "bundle of sticks" (also known as bundle of rights theory) where each "stick" represents a separate right or inherent interest in ownership.These rights include the following: 1. right to sell an interest, 2. right to lease an interest, 3. right to occupy and use a property, 4. right to mortgage an interest, 5. right to give interest away, and 6. right to do nothing. The appraised site includes 0.260-acre of land. The property is a generally rectangular in shape and is located approximately 100 feet north of the intersection of Flynn Parkway and Corona Drive in Corpus Christi, Texas. The property is currently inaccessible from any public roadway. Due to the site's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, no vehicular access points will be granted. The site is bisected by a City of Corpus Christi utility easement. No structural improvements are allowed on the easement. The only permitted uses over the easement are for landscaping or paving. The city reserves the right to remove any paving located over the easement area as necessary for repairs, etc. The cost of repairing/repaving is borne by the property owner. The subject is commercially oriented in nature. Due to the denial of access as well as the extensive limitations imposed by the City of Corpus Christi utility easement that bisects the site, a potential owner of the appraised property has, in essence, lost the ability to occupy and use the subject to its highest and best use,which is for commercial development. The appraiser has reviewed a published article (Right of Way Magazine, "The Valuation of Easements", Sherwood, November/December 2014) which outlines a basic analysis of typical easement encumbrances. A summary of the chart is as follows: ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 47 Va I bridge 0.260-ACRE OF LAND LAND VALUATION % ofFee Comments Potential Types of Easements 0 o Severe impact on surface use; Overhead electric,flowage easements, 90% -100% conveyance of future uses railroad right of way, irrigation canals, exclusive access easements 0 o Major impact on surface use; Oeverhead electric, pipelines, drainage 75% -89%/o conveyance of future uses easements, railroad right of way, flowage easements Some impact on surface use; 51% -74% conveyance of ingress/egress Pipelines,scenic easements rights 50% Balanced use by both owner Water or sewer lines, cable lines, and easement holder telecommunications Location along a property line 26% -49% location across non-usable land Water or sewer line,cable lines area Subsurface air rights with 11% -25% minimal effect on use and Air rights,water or sewer lines utility; location with a setback 0% -10% Nominal effect on use and Small subsurface easement utility It is the appraiser's opinion that the restrictions associated with the denial of access and the extensive limitations imposed by the City of Corpus Christi utility easement, are generally consistent with the discount outlined above where there is a major to severe impact on surface use, conveyance and ingress/egress rights, and future uses. The indicated range in discounts is 75%-100%. The limitations imposed on the appraised property significantly impact the legally permissible uses of the subject property; and severely impact the highest and best use of the subject property, which is commercial in nature. Based on the above discussion and considering the discounts indicated by various easements, it is the appraiser's opinion that the appropriate discount to be applied to the appraised property resulting from the denial of access and limitations imposed by the City of Corpus Christi utility easement fall near the upper end of the range exhibited by the published article, or 95.0%. The calculations addressing the market value of the 0.260 acres of land subject to the denial of access and zoning requirements are outlined as follows: Initial market value of the 0.260-acre tract (RD): $170,000 Multiplied by Reciprocal of 95% Discount X 5% $8,500 Indicated Market Value subject: $8,500 (RD) ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 48 If� Va I bridge 0.260-ACRE OF LAND RECONCILIATION Reconciliation Summary of Value Indications Our concluded market value for the subject property is summarized in the following table Value Conclusion Component Value Type Market Value Real Property Interest Fee Simple Effective Date of Value February 21, 2023 Value Conclusion $8,500 Given the availability and reliability of data within the Sales Comparison Approach, this approach was given sole weight in reconciling to the final value conclusions. Furthermore, properties such as the subject property are typically purchased by market participants, who primarily rely upon the methods employed by the Sales Comparison Approach. The findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions, the use of which might have affected the assignment results: Extraordinary Assumptions: • The subject property is currently inaccessible by vehicle from any public roadway. Due to the subject's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, and based on conversations with city officials, no vehicular access points will be granted. This appraisal is conducted under the extraordinary assumption that the subject will be inaccessible from any public roadway in perpetuity. Hypothetical Conditions: • For the purpose of this analysis, a "hypothetical economic land unit" or parent tract has been utilized in the valuation of the 0.260-acre subject property. In the valuation analysis, the hypothetical economic land unit is to be located in the immediate area of the 0.260-acre subject, is 1.500 acres in size, and exhibits generally similar physical characteristics. Exposure Time and Marketing Period Based on statistical information about days on market, escrow length, and marketing times gathered through national investor surveys, sales verification, and interviews of market participants, marketing and exposure time estimates of 12 months and 12 months, respectively, are considered reasonable and appropriate for the subject property. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 49 ` 41%) Va I bridge 0.260-ACRE OF LAND �,;'��� GENERAL ASSUMPTIONS & LIMITING CONDITIONS p o;`tP FY L_MSOR General Assumptions and Limiting Conditions This appraisal is subject to the following general assumptions and limiting conditions: 1. The legal description —if furnished to us—is assumed to be correct. 2. No responsibility is assumed for legal matters, questions of survey or title, soil or subsoil conditions, engineering, availability or capacity of utilities, or other similar technical matters. The appraisal does not constitute a survey of the property appraised. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear, under responsible ownership and competent management unless otherwise noted. 3. Unless otherwise noted, the appraisal will value the property as though free of contamination. Valbridge Property Advisors I San Antonio will conduct no hazardous materials or contamination inspection of any kind. It is recommended that the client hire an expert if the presence of hazardous materials or contamination poses any concern. 4. The stamps and/or consideration placed on deeds used to indicate sales are in correct relationship to the actual dollar amount of the transaction. 5. Unless otherwise noted, it is assumed there are no encroachments, zoning violations or restrictions existing in the subject property. 6. The appraiser is not required to give testimony or attendance in court by reason of this appraisal, unless previous arrangements have been made. 7. Unless expressly specified in the engagement letter, the fee for this appraisal does not include the attendance or giving of testimony by Appraiser at any court, regulatory or other proceedings, or any conferences or other work in preparation for such proceeding. If any partner or employee of Valbridge Property Advisors I San Antonio is asked or required to appear and/or testify at any deposition, trial, or other proceeding about the preparation, conclusions or any other aspect of this assignment, client shall compensate Appraiser for the time spent by the partner or employee in appearing and/or testifying and in preparing to testify according to the Appraiser's then current hourly rate plus reimbursement of expenses. 8. The values for land and/or improvements, as contained in this report, are constituent parts of the total value reported and neither is (or are) to be used in making a summation appraisal of a combination of values created by another appraiser. Either is invalidated if so used. 9. The dates of value to which the opinions expressed in this report apply are set forth in this report. We assume no responsibility for economic or physical factors occurring at some point at a later date, which may affect the opinions stated herein. The forecasts, projections, or operating estimates contained herein are based on current market conditions and anticipated short-term supply and demand factors and are subject to change with future conditions. Appraiser is not responsible for determining whether the date of value requested by Client is appropriate for Client's intended use. 10. The sketches, maps, plats and exhibits in this report are included to assist the reader in visualizing the property. The appraiser has made no survey of the property and assumed no responsibility in connection with such matters. 11. The information, estimates and opinions, which were obtained from sources outside of this office, are considered reliable. However, no liability for them can be assumed by the appraiser. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE SO I� Valbridge 0.260-ACRE OF LAND GENERAL ASSUMPTIONS & LIMITING CONDITIONS 12. Possession of this report, or a copy thereof, does not carry with it the right of publication. Neither all, nor any part of the content of the report, or copy thereof(including conclusions as to property value, the identity of the appraisers, professional designations, reference to any professional appraisal organization or the firm with which the appraisers are connected), shall be disseminated to the public through advertising, public relations, news, sales, or other media without prior written consent and approval. 13. No claim is intended to be expressed for matters of expertise that would require specialized investigation or knowledge beyond that ordinarily employed by real estate appraisers. We claim no expertise in areas such as, but not limited to, legal, survey, structural, environmental, pest control, mechanical, etc. 14. This appraisal was prepared for the sole and exclusive use of the client for the function outlined herein. Any party who is not the client or intended user identified in the appraisal or engagement letter is not entitled to rely upon the contents of the appraisal without express written consent of Valbridge Property Advisors I San Antonio and Client. The Client shall not include partners, affiliates, or relatives of the party addressed herein. The appraiser assumes no obligation, liability or accountability to any third party. 15. Distribution of this report is at the sole discretion of the client, but third-parties not listed as an intended user on the face of the appraisal or the engagement letter may not rely upon the contents of the appraisal. In no event shall client give a third-party a partial copy of the appraisal report. We will make no distribution of the report without the specific direction of the client. 16. This appraisal shall be used only for the function outlined herein, unless expressly authorized by Valbridge Property Advisors I San Antonio. 17. This appraisal shall be considered in its entirety. No part thereof shall be used separately or out of context. 18. Unless otherwise noted in the body of this report, this appraisal assumes that the subject property does not fall within the areas where mandatory flood insurance is effective. Unless otherwise noted, we have not completed nor have we contracted to have completed an investigation to identify and/or quantify the presence of non-tidal wetland conditions on the subject property. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 19. The flood maps are not site specific. We are not qualified to confirm the location of the subject property in relation to flood hazard areas based on the FEMA Flood Insurance Rate Maps or other surveying techniques. It is recommended that the client obtain a confirmation of the subject property's flood zone classification from a licensed surveyor. 20. If the appraisal is for mortgage loan purposes 1) we assume satisfactory completion of improvements if construction is not complete, 2) no consideration has been given for rent loss during rent-up unless noted in the body of this report, and 3) occupancy at levels consistent with our"Income and Expense Projection" are anticipated. 21. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for such conditions or for engineering which may be required to discover them. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 51 If� Va I bridge 0.260-ACRE OF LAND GENERAL ASSUMPTIONS & LIMITING CONDITIONS 22. Our inspection included an observation of the land and improvements thereon only. It was not possible to observe conditions beneath the soil or hidden structural components within the improvements. We inspected the buildings involved, and reported damage (if any) by termites, dry rot, wet rot, or other infestations as a matter of information, and no guarantee of the amount or degree of damage (if any) is implied. Condition of heating, cooling, ventilation, electrical and plumbing equipment is considered to be commensurate with the condition of the balance of the improvements unless otherwise stated. Should the client have concerns in these areas, it is the client's responsibility to order the appropriate inspections. The appraiser does not have the skill or expertise to make such inspections and assumes no responsibility for these items. 23. This appraisal does not guarantee compliance with building code and life safety code requirements of the local jurisdiction. It is assumed that all required licenses, consents, certificates of occupancy or other legislative or administrative authority from any local, state or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value conclusion contained in this report is based unless specifically stated to the contrary. 24. When possible, we have relied upon building measurements provided by the client, owner, or associated agents of these parties. In the absence of a detailed rent roll, reliable public records, or "as-built" plans provided to us, we have relied upon our own measurements of the subject improvements. We follow typical appraisal industry methods; however, we recognize that some factors may limit our ability to obtain accurate measurements including, but not limited to, property access on the day of inspection, basements, fenced/gated areas, grade elevations, greenery/shrubbery, uneven surfaces, multiple story structures, obtuse or acute wall angles, immobile obstructions, etc. Professional building area measurements of the quality, level of detail, or accuracy of professional measurement services are beyond the scope of this appraisal assignment. 25. We have attempted to reconcile sources of data discovered or provided during the appraisal process, including assessment department data. Ultimately, the measurements that are deemed by us to be the most accurate and/or reliable are used within this report. While the measurements and any accompanying sketches are considered to be reasonably accurate and reliable, we cannot guarantee their accuracy. Should the client desire more precise measurement, they are urged to retain the measurement services of a qualified professional (space planner, architect or building engineer) as an alternative source. If this alternative measurement source reflects or reveals substantial differences with the measurements used within the report, upon request of the client, the appraiser will submit a revised report for an additional fee. 26. In the absence of being provided with a detailed land survey, we have used assessment department data to ascertain the physical dimensions and acreage of the property. Should a survey prove this information to be inaccurate, upon request of the client, the appraiser will submit a revised report for an additional fee. 27. If only preliminary plans and specifications were available for use in the preparation of this appraisal, and a review of the final plans and specifications reveals substantial differences upon request of the client the appraiser will submit a revised report for an additional fee. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 52 If� Va I bridge 0.260-ACRE OF LAND GENERAL ASSUMPTIONS & LIMITING CONDITIONS 28. Unless otherwise stated in this report, the value conclusion is predicated on the assumption that the property is free of contamination, environmental impairment or hazardous materials. Unless otherwise stated, the existence of hazardous material was not observed by the appraiser and the appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required for discovery. The client is urged to retain an expert in this field, if desired. 29. The Americans with Disabilities Act ("ADA") became effective January 26, 1992.We have not made a specific compliance survey of the property to determine if it is in conformity with the various requirements of the ADA. It is possible that a compliance survey of the property, together with an analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this could have a negative effect on the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in developing an opinion of value. 30. This appraisal applies to the land and building improvements only. The value of trade fixtures, furnishings, and other equipment, or subsurface rights (minerals, gas, and oil) were not considered in this appraisal unless specifically stated to the contrary. 31. No changes in any federal, state or local laws, regulations or codes (including, without limitation, the Internal Revenue Code) are anticipated, unless specifically stated to the contrary. 32. Any income and expense estimates contained in the appraisal report are used only for the purpose of estimating value and do not constitute prediction of future operating results. Furthermore, it is inevitable that some assumptions will not materialize and that unanticipated events may occur that will likely affect actual performance. 33. Any estimate of insurable value, if included within the scope of work and presented herein, is based upon figures developed consistent with industry practices. However, actual local and regional construction costs may vary significantly from our estimate and individual insurance policies and underwriters have varied specifications, exclusions, and non-insurable items. As such, we strongly recommend that the Client obtain estimates from professionals experienced in establishing insurance coverage. This analysis should not be relied upon to determine insurance coverage and we make no warranties regarding the accuracy of this estimate. 34. The data gathered in the course of this assignment (except data furnished by the Client) shall remain the property of the Appraiser. The appraiser will not violate the confidential nature of the appraiser-client relationship by improperly disclosing any confidential information furnished to the appraiser. Notwithstanding the foregoing, the Appraiser is authorized by the client to disclose all or any portion of the appraisal and related appraisal data to appropriate representatives of the Appraisal Institute if such disclosure is required to enable the appraiser to comply with the Bylaws and Regulations of such Institute now or hereafter in effect. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 53 If� Valbridge 0.260-ACRE OF LAND GENERAL ASSUMPTIONS & LIMITING CONDITIONS 35. You and Valbridge Property Advisors I San Antonio both agree that any dispute over matters in excess of $5,000 will be submitted for resolution by arbitration. This includes fee disputes and any claim of malpractice. The arbitrator shall be mutually selected. If Valbridge Property Advisors I San Antonio and the client cannot agree on the arbitrator, the presiding head of the Local County Mediation & Arbitration panel shall select the arbitrator. Such arbitration shall be binding and final. In agreeing to arbitration, we both acknowledge that, by agreeing to binding arbitration, each of us is giving up the right to have the dispute decided in a court of law before a judge or jury. In the event that the client, or any other party, makes a claim against Valbridge Property Advisors I San Antonio or any of its employees in connections with or in any way relating to this assignment, the maximum damages recoverable by such claimant shall be the amount actually received by Valbridge Property Advisors I San Antonio for this assignment, and under no circumstances shall any claim for consequential damages be made. 36. Valbridge Property Advisors I San Antonio shall have no obligation, liability, or accountability to any third party. Any party who is not the "client" or intended user identified on the face of the appraisal or in the engagement letter is not entitled to rely upon the contents of the appraisal without the express written consent of Valbridge Property Advisors I San Antonio. "Client" shall not include partners, affiliates, or relatives of the party named in the engagement letter. Client shall hold Valbridge Property Advisors I San Antonio and its employees harmless in the event of any lawsuit brought by any third party, lender, partner, or part-owner in any form of ownership or any other party as a result of this assignment. The client also agrees that in case of lawsuit arising from or in any way involving these appraisal services, client will hold Valbridge Property Advisors San Antonio harmless from and against any liability, loss, cost, or expense incurred or suffered by Valbridge Property Advisors I San Antonio in such action, regardless of its outcome. 37. The Valbridge Property Advisors office responsible for the preparation of this report is independently owned and operated by Valbridge Property Advisors I San Antonio. Neither Valbridge Property Advisors, Inc., nor any of its affiliates has been engaged to provide this report. Valbridge Property Advisors, Inc. does not provide valuation services, and has taken no part in the preparation of this report. 38. If any claim is filed against any of Valbridge Property Advisors, Inc., a Florida Corporation, its affiliates, officers or employees, or the firm providing this report, in connection with, or in any way arising out of, or relating to, this report, or the engagement of the firm providing this report, then (1) under no circumstances shall such claimant be entitled to consequential, special or other damages, except only for direct compensatory damages, and (2) the maximum amount of such compensatory damages recoverable by such claimant shall be the amount actually received by the firm engaged to provide this report. 39. This report and any associated work files may be subject to evaluation by Valbridge Property Advisors, Inc., or its affiliates, for quality control purposes. 40. Acceptance and/or use of this appraisal report constitutes acceptance of the foregoing general assumptions and limiting conditions. 41. The global outbreak of a "novel coronavirus" (known as COVID-19) was officially declared a pandemic by the World Health Organization (WHO). It is currently unknown what direct, or indirect, effect, if any, this event may have on the national economy, the local economy or the market in which the subject property is located. The reader is cautioned, and reminded that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of this event, or any event, subsequent to the effective date of the appraisal. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 54 Valbridge 0.260-ACRE OF LAND CERTIFICATION Certification - Brett E. Weatherbie, MAI, AI-GRS I certify that, to the best of my knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. 1 have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. The undersigned Brett E. Weatherbie has not performed any services regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. 1 have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. Brett E. Weatherbie, MAI, AI-GRS. made a personal inspection of the property that is the subject of this report. 10. Wesley T. Collier provided significant real property appraisal assistance to the person signing this certification, unless otherwise noted. 11. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report, 1, Brett E. Weatherbie, MAI, AI-GRS, had completed the continuing education program for Designated Members of the Appraisal Institute. 4� Brett E. Weatherbie, MAI, AI-GRS Senior Managing Director State Certified General Real Estate Appraiser TX-1337354-G ©2023 VALBRIDGL PROPERTY ADVISORS I SAN ANTONIO PAGE 55 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA Addenda Glossary Qualifications • Brett E. Weatherbie, MAI,AI-GRS - Senior Managing Director • Wesley T. Collier—Appraiser Analyst Information on Valbridge Property Advisors Office Locations ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE S6 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA Glossary Definitions are taken from The Dictionary of Real Estate Appraisal, 7t" Edition (Dictionary), the Uniform Standards of Professional Appraisal Practice(USPAP),and Building Owners and Managers Association International (BOMA). Absolute Net Lease Building Rentable Area A lease in which the tenant pays all expenses including The sum of all floor rentable areas. Floor rentable area is structural maintenance, building reserves, and the result of subtracting from the gross measured area management; often a long-term lease to a credit tenant. of a floor the major vertical penetrations on that same (Dictionary) floor. It is generally fixed for the life of the building and is rarely affected by changes in corridor size or Amortization configuration. (BOMA) The process of retiring a debt or recovering a capital investment, typically through scheduled, systematic Bulk Value repayment of the principal; a program of periodic The value of multiple units, subdivided plots, or contributions to a sinking fund or debt retirement fund. properties in a portfolio as though sold together in a (Dictionary) single transaction. (Dictionary) As Is Market Value Certificate of Occupancy (COO) The estimate of the market value of real property in its A formal written acknowledgment by an appropriate current physical condition, use, and zoning as of the unit of local government that a new construction or appraisal date. (Interagency Appraisal and Evaluation renovation project is at the stage where it meets Guidelines) Note that the use of the "as is" phrase is applicable health and safety codes and is ready for specific to appraisal regulations pursuant to FIRREA commercial or residential occupancy.(Dictionary) applying to appraisals prepared for regulated lenders in the United States. The concept of an "as is"value is not Common Area Maintenance (CAM) included in the Standards of Valuation Practice of the The expense of operating and maintaining common Appraisal Institute, Uniform Standards of Professional areas; may or may not include management charges and Appraisal Practice, or International Valuation Standards. usually does not include capital expenditures on tenant (Dictionary) improvements or other improvements to the property. (Dictionary) Base Rent The minimum rent stipulated in a lease. (Dictionary) The amount of money charged to tenants for their shares of maintaining a [shopping] center's common Base Year area. The charge that a tenant pays for shared services The year on which escalation clauses in a lease are and facilities such as electricity, security, and based. (Dictionary) maintenance of parking lots. Items charged to common Building Common Area area maintenance may include cleaning services, parking In office buildings, the areas of the building that provide lot sweeping and maintenance, snow removal, security, services to building tenants but that are not included in [amenities,] and upkeep. (ICSC— International Council of the office area or store area of any specific tenant.These Shopping Centers,4t"Ed.) areas may include, but shall not be limited to, main and Condominium auxiliary lobbies, atrium spaces at the level of the An attached, detached, or stacked unit within or finished floor, concierge areas or security desks, attached to a structure with common areas that are held conference rooms, lounges or vending areas, food as tenants in common (an undivided interest) with other service facilities, health or fitness centers, daycare owners in the project. The units can be residential, facilities, locker or shower facilities, mail rooms, fire commercial, industrial, or parking spaces or boat docks. control rooms, fully enclosed courtyards outside the These units are commonly defined by state laws in their exterior walls, and building core and service areas such locations. Because units can be stacked on top of other as fully enclosed mechanical or equipment rooms. units, these units can be defined both vertically and Specifically excluded from building common area are horizontally.(Dictionary) floor common areas, parking space, portions of loading docks outside the building line, and major vertical Conservation Easement penetrations.(BOMA) An interest in real estate restricting future land use to preservation, conservation, wildlife habitat, or some combination of those uses. A conservation easement ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 57 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA may permit farming, timber harvesting, or other uses of 7. An adequate marketing effort will be made during a rural nature as well as some types of conservation- the exposure time; oriented development to continue, subject to the 8 payment will be made in cash in U.S. dollars (or the easement. (Dictionary) local currency) or in terms of financial arrangements Contributory Value comparable thereto; and A type of value that reflects the amount a property or g. The price represents the normal consideration for component of a property contributes to the value of the property sold, unaffected by special or creative another asset or to the property as a whole. financing or sales concessions granted by anyone associated with the sale. The change in the value of a property as a whole, whether positive or negative, resulting from the addition This definition can also be modified to provide for valuation with specified financing terms. (Dictionary) or deletion of a property component. Also called deprival value in some countries. (Dictionary) Double Net (Net Net) Lease Debt Coverage Ratio (DCR) An alternative term for a type of net lease. In some The ratio of net operating income to annual debt service markets, a net net lease is defined as a lease in which (DCR = NOI-1m), which measures the relative ability of a the tenant is responsible to pay both property taxes and property to meet its debt service out of net operating premiums for insuring the building(s).(Valbridge) income; also called debt service coverage ratio (DSCR). A larger DCR typically indicates a greater ability fora (The market definition of a double net lease varies property to withstand a reduction of income, providing depending on the market) an improved safety margin for a lender.(Dictionary) Easement Deed Restriction The right to use another's land for a stated purpose. A provision written into a deed that limits the use of (Dictionary) land. Deed restrictions usually remain in effect when title EIFS passes to subsequent owners. (Dictionary) Exterior Insulation Finishing System. This is a type of Depreciation exterior wall cladding system. Sometimes referred to as In appraisal, a loss in property value from any cause; the dry-vit. difference between the cost of an improvement on the Effective Date effective date of the appraisal and the value of the 1. The date on which the appraisal opinion applies. improvement on the same date. (SVP) 2. The date to which an appraiser's analyses, opinions, In accounting, an allocation of the original cost of an and conclusions apply; also referred to as date of asset, amortizing the cost over the asset's life; calculated value.(USPAP, 2020-2021 ed.) using a variety of standard techniques. (Dictionary) 3. The date that a lease goes into effect.(Dictionary) Disposition Value Effective Gross Income (EGI) The most probable price that a specified interest in The anticipated income from all operations of the real property should bring under the following conditions: estate after an allowance is made for vacancy and 1. Consummation of a sale within a specified time, collection losses and an addition is made for any other which is shorter than the typical exposure time for income. (Dictionary) such a property in that market. Effective Rent 2. The property is subjected to market conditions Total base rent, or minimum rent stipulated in a lease, prevailing as of the date of valuation; over the specified lease term minus rent concessions; 3. Both the buyer and seller are acting prudently and the rent that is effectively paid by a tenant net of knowledgeably; financial concessions provided by a landlord. (Tls). 4. The seller is under compulsion to sell; (Dictionary) 5. The buyer is typically motivated; EPDM Ethylene Propylene Diene Monomer Rubber. A type of 6. Both parties are acting in what they consider to be synthetic rubber typically used for roof coverings. their best interests; ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE S8 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA Escalation Clause Fee Simple Estate A clause in an agreement that provides for the Absolute ownership unencumbered by any other adjustment of a price or rent based on some event or interest or estate, subject only to the limitations index. e.g., a provision to increase rent if operating imposed by the governmental powers of taxation, expenses increase; also called escalator clause, expense eminent domain, police power, and escheat. (Dictionary) recovery clause or stop clause.(Dictionary) Floor Common Area Estoppel Certificate In an office building, the areas on a floor such as A signed statement by a party (such as a tenant or a washrooms, janitorial closets, electrical rooms, mortgagee) certifying, for another's benefit, that certain telephone rooms, mechanical rooms, elevator lobbies, facts are correct, such as that a lease exists, that there and public corridors which are available primarily for the are no defaults, and that rent is paid to a certain date. use of tenants on that floor. In essence, floor common (Black's) In real estate, a buyer of rental property area represents all of the area on the floor that is typically requests estoppel certificates from existing common to that respective floor with the exception of tenants. Sometimes referred to as an estoppel letter. those areas that penetrate through the floor, such as the (Dictionary) elevator shaft and stairwell. The significant point to be made is that floor common area is not part of the Excess Land tenant's usable area.(BOMA) Land that is not needed to serve or support the existing use.The highest and best use of the excess land may or Full Service (Gross) Lease may not be the same as the highest and best use of the A lease in which the landlord receives stipulated rent improved parcel. Excess land has the potential to be and is obligated to pay all of the property's operating sold separately and is valued separately. (Dictionary) and fixed expenses; also called a full service lease. Excess Rent (Dictionary) The amount by which contract rent exceeds market rent Furniture, Fixtures, and Equipment (FF&E) at the time of the appraisal; created by a lease favorable Business trade fixtures and personal property, exclusive to the landlord (lessor) and may reflect unusual of inventory. (Dictionary) management, unknowledgeable or unusually motivated parties, a lease execution in an earlier, stronger rental Going-Concern Value market,or an agreement of the parties. (Dictionary) An outdated label for the market value of all the tangible and intangible assets of an established and Expense Stop operating business with an indefinite life, as if sold in A clause in a lease that limits the landlord's expense aggregate; more accurately termed the market value of obligation, which results in the lessee paying operating the going concern or market value of the total assets of expenses above a stated level or amount.(Dictionary) the business. (Dictionary) Exposure Time Gross Building Area (GBA) 1. The time a property remains on the market. 1. Total floor area of a building, excluding unenclosed 2. An opinion, based on supporting market data, of areas, measured from the exterior of the walls of the length of time that the property interest being the above-grade area.This includes mezzanines and appraised would have been offered on the market basements if and when typically included in the prior to the hypothetical consummation of a sale at market area of the type of property involved. market value on the effective date of the appraisal. 2. Gross leasable area plus all common areas. (USPAP,2020-2021 ed.) 3. For residential space,the total area of all floor levels measured from the exterior of the walls and Extraordinary Assumption including the superstructure and substructure An assignment-specific assumption as of the effective basement; typically does not include garage space. date regarding uncertain information used in an analysis (Dictionary) which, if found to be false, could alter the appraiser's opinions or conclusions. Gross Measured Area The total area of a building enclosed by the dominant Comment: Uncertain information might include portion (the portion of the inside finished surface of the physical, legal, or economic characteristics of the subject permanent outer building wall which is 50 percent or property; or conditions external to the property, such as more of the vertical floor-to-ceiling dimension, at the market conditions or trends; or the integrity of data given point being measured as one moves horizontally used in an analysis. (USPAP) along the wall), excluding parking areas and loading ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE S9 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA docks (or portions of same) outside the building line. It when formulating the price that it would be willing is generally not used for leasing purposes and is to bid.(IVS) calculated on a floor by floor basis. (BOMA) 3. [The] highest and most profitable use for which the Gross Up Method property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform A method of calculating variable operating expenses in Appraisal Standards for Federal Land Acquisitions) income-producing properties when less than 100% (Dictionary) occupancy is assumed. Expenses reimbursed based on the amount of occupied space, rather than on the total Hypothetical Condition building area,are described as "grossed up."(Dictionary) 1. A condition that is presumed to be true when it is Gross Sellout Value (Sum of the Retail Values) known to be false. (SVP) 2. A condition, directly related to a specific The sum of the separate and distinct market value assignment, which is contrary to what is known by opinions for each of the units in a condominium, the appraiser to exist on the effective date of the subdivision development, or portfolio of properties, as assignment results, but is used for the purpose of of the date of valuation. The aggregate of retail values analysis. does not represent the value of all the units as though sold together in a single transaction;it is simply the total Comment: Hypothetical conditions are contrary to of the individual market value conclusions. An appraisal known facts about physical, legal, or economic has an effective date, but summing the sale prices of characteristics of the subject property; or about multiple units over an extended period of time will not conditions external to the property, such as market be the value on that one day unless the prices are conditions or trends; or about the integrity of data used discounted to make the value equivalent to what in an analysis. (USPAP) another developer or investor would pay for the bulk purchase of the units. Also called the aggregate of the Insurable Value (Replacement Cost for Insurance retail values, aggregate retail selling price or sum of the Purposes) retail values. (Dictionary) The estimated cost, at current prices as of the effective Ground Lease date of valuation, of a substitute for the building being A lease that grants the right to use and occupy land. valued, using modern materials and current standards, Improvements made by the ground lessee typically design, and layout for insurance coverage purposes revert to the ground lessor at the end of the lease term. guaranteeing that damaged property is replaced with (Dictionary) new property (i.e., depreciation is not deducted). (Dictionary) Ground Rent Investment Value The rent paid for the right to use and occupy land according to the terms of a ground lease; the portion of 1. The value of a property to a particular investor or the total rent allocated to the underlying land. class of investors based on the investor's specific requirements. Investment value may be different (Dictionary) from market value because it depends on a set of HVAC investment criteria that are not necessarily typical of Heating, ventilation, air conditioning (HVAC) system. A the market.(Dictionary) unit that regulates the temperature and distribution of 2. The value of an asset to the owner or a prospective heat and fresh air throughout a building.(Dictionary) owner given individual investment or operational Highest and Best Use objectives(may also be known as worth). (IVS) 1. The reasonably probable use of property that Just Compensation results in the highest value.The four criteria that the In condemnation, the amount of loss for which a highest and best use must meet are legal property owner is compensated when his or her permissibility, physical possibility, financial property is taken. Just compensation should put the feasibility,and maximum productivity. owner in as good a position pecuniarily as he or she 2. The use of an asset that maximizes its potential and would have been if the property had not been taken. that is possible, legally permissible, and financially (Dictionary) feasible. The highest and best use may be for Leased Fee Interest continuation of an asset's existing use of for some The ownership interest held by the lessor, which alternative use. This is determined by the use that a includes the right to receive the contract rent specified market participant would have in mind for the asset ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 60 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA in the lease plus the reversionary right when the lease telephone distribution, and openings for plumbing lines expires.(Dictionary) are not considered to be major vertical penetrations. Leasehold Interest (Leasehold Estate) (BOMA) The right held by the lessee to use and occupy real Market Rent estate for a stated term and under the conditions The most probable rent that a property should bring in a specified in the lease.(Dictionary) competitive and open market under all the conditions requisite to a fair lease transaction, the lessee and the See also Positive Leasehold and Negative Leasehold. lessor each acting prudently and knowledgeably, and assuming the rent is not affected by undue stimulus. Lessee (Tenant) Implicit in this definition is the execution of a lease as of One who has the right to occupancy and use of the a specified date under conditions whereby: property of another for a period of time according to a 1. Lessee and lessor are typically motivated; lease agreement. (Dictionary) 2. Both parties are well informed or well advised, and Lessor (Landlord) acting in what they consider their best interests; One who conveys the rights of occupancy and use to 3. Payment is made in terms of cash or in terms of others under a lease agreement.(Dictionary) financial arrangements comparable thereto; and 4. The rent reflects specified terms and conditions, Liquidation Value such as permitted uses, use restrictions, expense The most probable price that a specified interest in obligations, duration, concessions, rental property should bring under the following conditions: adjustments and revaluations, renewal and 1. Consummation of a sale within a short time period. purchase options, and tenant improvements (Tls). 2. The property is subjected to market conditions (Appraisal Institute) prevailing as of the date of valuation. Market Value 3. Both the buyer and seller are acting prudently and The following definition of market value is used by knowledgeably. agencies that regulate federally insured financial institutions in the United States: The most probable 4. The seller is under extreme compulsion to sell. price that a property should bring in a competitive and 5. The buyer is typically motivated. open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and 6. Both parties are acting in what they consider to be knowledgeably, and assuming the price is not affected their best interests. by undue stimulus. Implicit in this definition is the 7. A normal marketing effort is not possible due to the consummation of a sale as of a specified date and the brief exposure time. passing of title from seller to buyer under conditions 8. Payment will be made in cash in U.S. dollars (or the whereby: local currency) or in terms of financial arrangements 1. Buyer and seller are typically motivated; comparable thereto. 2. Both parties are well informed or well advised, and 9. The price represents the normal consideration for acting in what they consider their own best the property sold, unaffected by special or creative interests; financing or sales concessions granted by anyone 3. A reasonable time is allowed for exposure in the associated with the sale. (Dictionary) open market; Loan to Value Ratio (LTV) 4. Payment is made in terms of cash in United States The ratio between a mortgage loan and the value of the dollars or in terms of financial arrangements property pledged as security, usually expressed as a comparable thereto; and percentage.(Dictionary) 5. The price represents the normal consideration for Major Vertical Penetrations the property sold unaffected by special or creative Stairs, elevator shafts, flues, pipe shafts, vertical ducts, financing or sales concessions granted by anyone and the like, and their enclosing walls. Atria, lightwells associated with the sale. (Dictionary; 12 C.F.R. Part and similar penetrations above the finished floor are 34.42(g); 55 Federal Register 34696, August 24, included in this definition. Not included, however, are 1990, as amended at 57 Federal Register 12202, vertical penetrations built for the private use of a tenant April 9, 1992; 59 Federal Register 29499, June 7, occupying office areas on more than one floor. 1994) Structural columns, openings for vertical electric cable or ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 61 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA Marketing Time Percentage Lease An opinion of the amount of time it might take to sell a A lease in which the rent or some portion of the rent real or personal property interest at the concluded represents a specified percentage of the volume of market value level during the period immediately after business, productivity, or use achieved by the tenant. the effective date of an appraisal. Marketing time differs (Dictionary) from exposure time, which is always presumed to precede the effective date of an appraisal. (Advisory Positive Leasehold Opinion 7 of the Appraisal Standards Board of the A lease situation in which the market rent is greater than Appraisal Foundation) the contract rent. (Dictionary) Master Lease Potential Gross Income (PGI) 1. A lease in which a part or the entire property is The total income attributable to property at full leased to a single entity(the master lessee)in return occupancy before vacancy and operating expenses are for a stipulated rent. The master lessee then deducted. (Dictionary) subleases the property to multiple tenants. Prospective Opinion of Value 2. The first lease in a sandwich lease.(Dictionary) A value opinion effective as of a specified future date. Modified Gross Lease The term does not define a type of value. Instead, it A lease in which the landlord receives stipulated rent identifies a value opinion as being effective at some and is obligated to pay some, but not all, of the specific future date. An opinion of value as of a property's operating and fixed expenses. Since prospective date is frequently sought in connection with assignment of expenses varies among modified gross projects that are proposed, under construction, or under leases, expense responsibility must always be specified. conversion to a new use, or those that have not yet In some markets, a modified gross lease may be called a achieved sellout or a stabilized level of long-term double net lease, net net lease,partial net lease, or semi- occupancy. (Dictionary) gross lease.(Dictionary) Replacement Cost Negative Leasehold The estimated cost to construct, at current prices as of a A lease situation in which the market rent is less than specific date, a substitute for a building or other the contract rent. (Dictionary) improvements, using modern materials and current standards,design,and layout.(Dictionary) Operating Expense Ratio The ratio of total operating expenses to effective gross Reproduction Cost income (TOE/EGA; the complement of the net income The estimated cost to construct, at current prices as of ratio,i.e., OER — 1—NIR(Dictionary) the effective date of the appraisal, an exact duplicate or replica of the building being appraised, using the same Option materials, construction standards, design, layout, and A legal contract, typically purchased for a stated quality of workmanship and embodying all of the consideration, that permits but does not require the deficiencies, superadequacies, and obsolescence of the holder of the option (known as the optionee)to buy, sell, subject building.(Dictionary) or lease real estate for a stipulated period of time in accordance with specified terms; a unilateral right to Retrospective Value Opinion exercise a privilege. (Dictionary) A value opinion effective as of a specified historical date. The term retrospective does not define a type of value. Partial Interest Instead, it identifies a value opinion as being effective at Divided or undivided rights in real estate that represent some specific prior date. Value as of a historical date is less than the whole, i.e., a fractional interest such as a frequently sought in connection with property tax tenancy in common or easement. (Dictionary) appeals, damage models, lease renegotiation, deficiency judgments, estate tax, and condemnation. Inclusion of Pass Through the type of value with this term is appropriate, e.g., A tenant's portion of operating expenses that may be "retrospective market value opinion."(Dictionary) composed of common area maintenance (CAM), real property taxes, property insurance, and any other Sandwich Leasehold Estate expenses determined in the lease agreement to be paid The interest held by the sandwich leaseholder when the by the tenant. (Dictionary) property is subleased to another party; a type of leasehold estate.(Dictionary) ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 62 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA Sublease building reserves, and management; also called NNN An agreement in which the lessee in a prior lease lease,net net net lease, or fully net lease.(Dictionary) conveys the right of use and occupancy of a property to another, the sublessee, for a specific period of time, (The market definition of a triple net lease varies; in which may or may not be coterminous with the some cases tenants pay for items such as roof repairs, underlying lease term.(Dictionary) parking lot repairs,and other similar items.) Subordination Usable Area A contractual arrangement in which a party with a claim The measured area of an office area, store area, or to certain assets agrees to make that claim junior, or building common area on a floor. The total of all the subordinate,to the claims of another party.(Dictionary) usable areas for a floor shall equal floor usable area of that same floor. (BOMA) Surplus Land Land that is not currently needed to support the existing Value-in-Use use but cannot be separated from the property and sold 1. The amount determined by discounting the future off for another use. Surplus land does not have an cash flows (including the ultimate proceeds of independent highest and best use and may or may not disposal) expected to be derived from the use of an contribute value to the improved parcel.(Dictionary) asset at an appropriate rate that allows for the risk of the activities concerned. (FASB Accounting TPO Standards Codification, Master Glossary) Thermoplastic polyolefin, a resilient synthetic roof 2. Formerly used in valuation practice as a synonym covering. for contributory value or use value.(Dictionary) Triple Net (Net Net Net) Lease VTAB (Value of the Total Assets of a Business) An alternative term for a type of net lease. In some The total amount that the real property, tangible markets, a net net net lease is defined as a lease in personal property, and intangible property assets of a which the tenant assumes all expenses (fixed and business would sell for in an asset-based transaction. variable) of operating a property except that the (Dictionary) landlord is responsible for structural maintenance, ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 63 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA Qualifications ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 64 Va I bridge 0.260-ACRE OF LAND ADDENDA Qualifications of Brett E. Weatherbie, MAI, AI-GRS Senior Managing Director t Valbridge Property Advisors I San Antonio I Austin bweatherbie@valbridge.com Education • Bachelor of Arts Degree, Psychology, Auburn University, June 1996 • School of Business, University of Texas at Austin, 1991-1994 Designations/Certifications • Designated Member of the Appraisal Institute, MAI, August 2012) • Designated Member of the Appraisal Institute, AI-GRS, March 2022 • State Certified General Real Estate Appraiser, State of Texas; Certification No.TX-1 337354-G Specialized Education Received credit for and successfully completed the following Appraisal/Real Estate Courses: Appraisal Institute • Uniform Standards of Professional Appraisal Practice - USPAP • Business Practices and Ethics • Basic Appraisal Principles (I 10) • Basic Appraisal Procedures (120) • General Market Analysis and Highest and Best Use (400G) • Basic Income Capitalization (310) • General Applications (320) • Appraisal Curriculum Overview—General • Advanced Income Capitalization (520) • Advanced Sales Comparison &Cost Approaches (530) • Report Writing &Valuation Analysis (540) • Advanced Applications (550) • Fundamentals of Separating Real Property, Personal Property, & Intangible Business Assets (833) • Fundamentals of the Uniform Appraisal Standards for Federal Land Acquisitions • Review Theory - General American Society of Farm Managers and Rural Appraisers • Requirements of UASFLA - the "Yellow Book" Texas A&M University—Commerce • Basic Real Estate Appraisal (Appraisal VII 271) • Uniform Residential Appraisal Report (Appraisal X 2101) • Farm and Ranch Marketing (CERM 05) • Principles of Real Estate 1 (0111) • Principles of Real Estate 11 (0112) • Texas Law of Agency(1111) Board of Tax Professional Examiners • Texas Property Tax System (Course 1) ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 65 Valbridge 0.260-ACRE OF LAND ADDENDA McKissock, LP • Supervisor-Trainee Course for Texas Experience Presently and since August 2004, Brett E. Weatherbie has been employed by Valbridge Property Advisors I San Antonio I Austin. He is a Partner/Shareholder and serves as a Senior Managing Director in the firms. Real Estate Specializations Experience includes appraisal and consulting assignments related to commercial, retail, office, medical office, hotel/lodging, industrial, manufacturing, multi-family, residential subdivisions, residential single-family, commercial land, farm and ranch, coastal/gulf coast properties, USFLA ("Yellow Book") compliant appraisals, conservation easements, undivided interest valuations, litigation support, equal & uniform analysis and special purpose/use properties including, automobile & rail-car manufacturing facilities, steel mills, fuel terminals & petroleum storage facilities, student housing, religious facilities, as well as a wide variety of income producing properties. He has qualified as an expert witness and has testified for real estate related matters in Court. Generally, his primary trade area includes South, West and Central Texas. Mr. Weatherbie has also completed appraisals in Colorado, Michigan, Montana, Arkansas and Indiana. Clients served include financial institutions, governmental agencies, non-profit organizations, attorneys, individuals, and corporations. Having grown up in San Antonio, Brett graduated from Clark High School in 1991. After attending The University of Texas at Austin where he was enrolled in the School of Business, he graduated from Auburn University in 1996. He enlisted in The U.S. Army in 1997 and was assigned to the Army World Class Athlete Program. An alternate to the 2000 Olympic Team, he also achieved a silver medal at the 1999 Pan American Games, and a team gold medal in the 1999 Military World Championships. From July 2003 to July 2004, he was employed by the Bexar County Appraisal District in San Antonio, Texas, as a Class II Appraiser. Professional Affiliations • Valbridge Property Advisors, Inc. Board of Directors (Present) • Appraisal Institute Leadership Development &Advisory Council Planning Committee (Present) • Appraisal Institute National Nominating Committee (2021) • President - South Texas Chapter of the Appraisal Institute (2018) • First Vice President - South Texas Chapter of the Appraisal Institute (2017) • Second Vice President— South Texas Chapter of the Appraisal Institute (2016) • Treasurer—South Texas Chapter of the Appraisal Institute (2015) • Secretary—South Texas Chapter of the Appraisal Institute (2014) • Board of Directors Member - South Texas Chapter of the Appraisal Institute (2013) • Board of Directors Member - South Texas Chapter of the Appraisal Institute (2012) • Associate Member Committee Chair - South Texas Chapter of the Appraisal Institute (2011-2012) Recent Seminars and Lectures • Appraisal Institute Leadership Development &Advisory Council (2016, 2017 &2019) ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 66 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA Honors &Awards • 2016 Recipient of the Ted Anglyn Outstanding Participant Award for outstanding contribution as a first-year participant in the Leadership Development &Advisory Council ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 67 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA 865 e5—ES AVF\1UE SA'J ANTONIO,`)i 78209 '/o Certified General TALCB Real Estate Appraiser TEXAS APPRAISER LICENSING 8 CERTIEf C'.ATION BOARD Appraiser: BRETT EDWARD WEATHERBIE License #: TX 1337354 G License Expires: 09/30/2023 Having provided satisfactory evidence of the cualifications required by the Texas Appraiser Licensing and Certification Act,occupations Code,Chapter 1103,authorization is granted to use this title: Certified General Real Estate Appraiser — — Chelsea Buchhokz For additional information or to file a complaint please contact TALCI3 Commissioner at www.taicb.texas.gov. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 68 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA Qualifications of Wesley T. Collier Appraiser Analyst `' Valbridge Property Advisors San Antonio wcollier@valbridge.com Independent Valuations for a Variable World Education • Master of Business Administration, Texas State University-August 2005 • Bachelor of Business Administration in Finance, Texas State University-August 2002 Specialized Education Appraisal Institute (Courses Completed): • Basic Appraisal Principles • Basic Appraisal Procedures • Uniform Standards of Professional Appraisal Practice (USPAP) • Texas Appraising for the Supervisor and Trainee • Real Estate Finance, Statistics, and Valuation Modeling • General Appraiser Income Approach I • General Appraiser Income Approach 11 • Advanced Income Approach Professional Affiliations • Alamo Heights United Methodist Church: Board of Stewards 2018-Present • Northwood Presbyterian Day School: Board of Directors 2018-Present • Northwood Presbyterian Day School Board of Directors: Treasurer 2019-Present Designations/Certifications • Appraiser Trainee License No.TX-1342289. Real Estate Specializations- • Commercial, retail, office, and industrial properties • Estate planning • Convenience stores • Working, recreational, and game managed ranches • Income producing properties • Government acquisitions Experience Presently and since May 1, 2020, Wes Collier has been employed by Valbridge Property Advisors San Antonio, where he works as an Appraiser Trainee Analyst. Valuation experience includes appraisal assignments related to farm and ranch, industrial properties, estates, and government acquisitions. A native of Uvalde, TX, Wes graduated from Uvalde High School and then attended Texas State University. Previous experience includes work in both the financial advisory and oil/gas industries. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 69 Valbridge 0.260-ACRE OF LAND PROPERTY ADVISORS ADDENDA WESLEY COLLIER 2826 BENT BOW DR SAN ANTONIO,TX 78204 Appraiser Trainee TALC TEXAS APPRAISER LICENSING& CER7IPICA7I0I4 BOARD Trainee: Wesley Collier Authorization #: TX 1342289 Trainee Expires: 06/30/2024 Review the list of the above Trainee's Supervisors on the License Holder Search at www.taicb.texas.gov. Having provided satisfactory evidence ofthe qualifications required by the Texas Appraiser Licensing and Certification Act,Occupations Code,Chapter 1103,authorization is granted to use this title:Appraiser Trainee n For additional information orto file a complaint please contact TALCB at Chelsea Buchholtz www.talcb.texas.gov. Commissioner ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 70 Valbridge PROPERTY ADVISORS w•av�v Sa°ttPe . C wA$ DAKOTA HINGiOW NORTH ' . 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CXIX IIAXIIA San Anrnnln �i�o --------------------------------------------------------------------------------- QAHUILA amps, FLORIE0 ' HUE YO AEON FAST FACTS MvnterrRY �nwnr i �._ COMPANY • + • Valbridge is the largest independent commercial property valuation and advisory service firm in North America. • Total number of MAI-designated appraisers(200+ on staff) • Total number of office locations (80+ across the U.S.) • Total number of staff(675+strong) • Valbridge covers the entire U.S. from coast to coast. • Valbridge specializes in appraising all types of real property. • Valbridge provides independent valuation services. We are NOT owned by a brokerage firm or investment company. • Every Valbridge office is overseen by a senior managing director who holds the MAI designation of the Appraisal Institute. • Valbridge is owned by local offices. • Valbridge welcomes single-property assignments as well as portfolio, multi-market, and other bulk-property engagements. Valbridge Property Advisors, 2240 Venetian Court Naples, FIL .h a r. • ••F■ • valbridge.com � �� : Valbridge PROPERTY ADVISORS 26241 Equity Circ,Ste 101 7445 L Fedk.v eve AeL :575'`1.Lakewvau.a Dr.5te,$00 Daphne,AL 36526 Cemenmai'CO 80x111 Cc,&w a:1A3erre,ID 838M (25119299090 003)8671933 (2091292-2965 3100 Wind Rel.,Ste 201 1099 Main Ave.,Ste 311 1 LLlti 1 01r'mirtgPtwn,AL 35216 Durarrgra,CO 81301 566 W.Lake St.,Ste 2401 (205)440-299'8 (970)340.1016 Ctrcogo,IL 60661 4732 Wo drr-ire Blvd C(. 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KY 40509 San Ltiwrs Obispo..CA 93401 _:r rl Gable-s,FL 33t31 (805)544-2472 71-1:,639-8029 9401 1' iillratusburg Plaza,Ste-203'4 3160 Crow Carryon Fri T�4�u9t�tr�- Luui vrlle,KY 40222 Sar,Ranvxt,CA 94583 Orlando.FL 32804 (5021585-3651 (925)327-1660 54071 493-6426 825 Colcrado$twrc1.,Ste 243 4 noirrsetlia Ave- L()U I c 1,t'+NA Lias Antgelv%,CA 90041 Palm Bead',,FL 33407 2030 DiLkory Ave,Ste-200 (526)486-9327 3Z3- 3r Elrrravooa LA 70123 (5134)541 5100 17822 Tr St,Ste. 211 =1. Tustin,CA 92780 Naples,FL 3009 MARYLAt'L") (7141449-0852 (239)514-4646 11W Dovedwge CL 775 Sunrise Ave..Ste.260 2601 West Horatio 5t.Wit 5 M rrieftvift,MD 21104 R4y,!�&viNle.CA 95661 Tatnpa,FL 33509 5443)333.5525 (9161361.2509 (3211228-648.8 A'r`,ASSO C)•USET i 5 1530 The 191arrieda,Ste.100 - )P,_a 1 A 260 Bear Fill Rd.,Ste 1036 Sari Jo!x e.CA 95126 2675 Pates Ferry Rd_,Ste.425 Watlhanr,MA 02451 (4081 2791520 Atlar)la,GA 30339 (M)790-5645 COLORADO 5404)354-2331 MICHIGAN 23372 Two Rivers Rd_"ate-101 i�7'� ^( 1420 W&W*Vw WVCL Basan.CO 81621 1459 Tyrell Lit.,Stir B De1r*K Mt 48226 (97€)340-10% 06-4e, ID 83706 (M 9W338 5345 Arapahoe Ave,Ste-7 (208 336.1097 2127University Park Dc B'ouldet,CO 80303 Oketztos,MI 4.8864 (3031867-1935 (51713.36-4}0701 WNPOMTE dFfWA 2240 Venetan Court,Naples,FL 34091 ane,{239)32"234 i Faux(239)32x-8356 E acn Vdf rare oAce s r,rdependeMy omwed and o0eriared. rev P12322 MINNESOTA 71' T EXAS 255 E.Kelso"Eltyft,Ste, 102A 1655 W Market Sc.Ste.130 901 MOPOIC E"-S_EUdg.I-Ste.300 51.Paul,MIN 55101 A;oon OH 44313 Austin,TX 78746 $51 370-1475 (3301 899-9900 [737)2425585 M!";1;1 uI S�p p t 9291 Beechm,-wvi Ave,Ste B 10210 North Central Expy,Ste.115 MO Fwd St Cinunnati,0H 45255 Dalias,TX 75231 GuKport,MS 39507 (513)785-0920 1214,4.46-1611 q28)6194-1900 1422 Eudid Ave-,Ste.1160 974 C6mpbcH Rd-Ste 204 224 Avalon Cir Cleye4arxt 0+144115 FloutAun,TX 77024 X367 961907�7 Ih- ibm#66n,MS 39047 (604)853-0736 273181 OKLAHOMA 501 HK 6666 S.Sheridan Rt:., Ste 104WLZoLk.,TX 79423 yhomy 12 W,Ste 150,M Simckvbe,PAS 39759 Tuita_OK 74133 JE061744-IM X62)6T7-2350 (919)712-9992 9901 IM 10 Wast Ste.1035 3121 Ouad 5w it,95 Mwy.Ste.150 Sam Antonio,TX 78230 Oklahoma C4y,OK 7-3134 1210)227-6229 M8 Hampton Ave..Ste-20a 5t Lows,MO 63139 405)603-1553 r"41255-1323527 E. Fborveer Rd,Ste.240 P E N N SYLVA 1*4 1 A NEVADA ISO S.Warmer Rd_Sle.440 Drager,Ln&h 84020 3034 S_Mitango Dl-r Ste-100 Kmpg of Ptussin,PA 19406 18011 262,3388 La-s Vegas,NV 89117 MB)545-1900 20 North Maim St (7021242-9369 4701 Bapttst Rci,Ste 304 SL GeOtge,UT 84770 6490 5-WCatian Blvd-,Ste-51 Plb-burgh,PA 15227 1435)7736300 Revv.),NV 8'9509 (417t 881-60810 321 N CoUrIty BpVd.,Ste D (T751 204-4100 Anmiusn Fritk,UT 84003 , I j'!" 44 , '%'"'t-)1 ;1114 IBOTI 492 0DG0 Lr"'-,L T 1250 Fdinvorit Ave. v 2740%ute 10 West,Ste.204 kft,P*a-;ant.SC 219464 VR G I N IA Mor-,?s Mairyt,,NJ 07950 (843)884-1266 656 Independence Pkwy-,Ste.220 (973)970-9333 11 Cleveland Ct. Cht,oe"e.VA 23320 3500 Ruute 9 SoLMi,Ste,202 Greenville,SC 29607 6757, :IC, 1222 Hcrw&C, NJ OMI (8"233-6277 1 _p4h Ave.,Ste-IW (732)807-3113 920 EWy SL.Ste.26 - VA 232'30 17 1 1 Beautirt Sc 29902 _.�,__� )m NEW MEXICO (80 B84-1266 510,:, .'-,t-I 51-Ste 213 7000 Prospect PI NE, Ste.8 Wi; vq,VA2MB Abuquefoue.NM 87110 7 C N N L S'S,E L (7571345-0010 (5051884-4721 3500 Ring9L4d Rd-,Sie,3 N Chatlanoo".TN 37412 IN 325 West 39' St_Ste.702 f423;1 206-2677 6378 W Grardrx!Ve Bvd,Ste,t10-Cl Kenco_-Mci(.WA 99336 New Ybrk,NY 10018 213 Fox Rd 15091221.1540 2"-1113 Ktxmville,TN 37922 -2424 (865)522 324 N Mullan Rd NOPT" CAROLINA 756 Ridge Lake HW,Ste-225 Spok&v--Vatley,WA 99206 5950 F&tv*w Ald-SM_4D5 Memphis,TIN 38120 f5091747,0999 charsone.NC 28210 (M)753,6977 V,)I N�I N (704)376,5400 4t2 E.ChatImrn 151, 5205 Mat-yl&Nd Way,Ste-3W 12660 W Nath Ave. Bientwooa TIN 37027 BT(x*fie41,WI 53005 Cary,NC 27511 (615)369-0670 1:2621782-7990 fi (919)859.2666 w. Val bridge maims PROPERTY ADW;iClk� valbridgecom Atwell Suites Hotel Project ,r Economic Development Department City Council Meeting June 27, 2023 Atwell Suites Hotel • 96 Rooms (All Suites) • Approximately 2+Acre Site • Full-service bar • Co-working spaces • Meeting rooms • Project is fully funded - • Expected groundbreaking for Fall 2023 J Great infill development project •4' JJJJ , ff - s � r loom Al 6 a P'�oject Site Location a M, "�tY�to L-ski ' y , I 13 r {` �s I t 14;. Yr - fit Y�✓�k7� site : 8 ' Miles \ j .. City'Dwn'ed Land o ? i O f'ya0' Site r pD \ SD ]]]��777 uryn n "K l Feet �1 Thank you ! so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Interim Assistant City Manager Heatherh3Ca)-cctexas.com 361-826-3227 Ordinance authorizing the sale and conveyance of an approximately the 0.182 acre parcel of surplus land located at the intersection of Corona Drive and Flynn Parkway CAPTION: One reading ordinance authorizing the sale and conveyance of an approximately the 0.182 acre parcel of surplus land located at or near the intersection of Corona Drive and Flynn Parkway, as further described by provided metes and bounds and incorporated to Rajesh Panchal (owner of adjacent property) for the amount of$6,000.00. SUMMARY: One reading ordinance authorizing the sale and conveyance of an approximately the 0.182-acre parcel of surplus land located at or near the intersection of Corona Drive and Flynn Parkway, as described in "Exhibit A" incorporated to Rajesh Panchal (owner of adjacent property) for the amount of$6,000.00. BACKGROUND AND FINDINGS: The proposed project being brought forward is a business-select hotel on a 2-acre property located at the intersection of Corona Drive and Flynn Parkway. The hotel, named Atwell Suites, will have 96 suites, a full-service bar, as well as co-working spaces and meeting rooms that guests can use. To ensure the success of this development, the City's Economic Development Department (EDD) is facilitating the proposed sale and conveyance of a 0.182 acre (7,928 square feet) tract of public right-of-way City property. The project has received full funding and is expected to start construction in the Fall of 2023. Rajesh Panchal, the developer of the Atwell Suites, approached the City to purchase the Corona Drive right-of-way and the adjacent tract of land to optimize his hotel development. Corona Drive was changed as part of Bond 2014 resulting in the removal of the street, curb, and sidewalks within the right-of-way and surplus property. The City's Economic Development Department has worked and collaborated with the Legal Department, Public Works Department, Development Services Department, and Planning Department and has come forth with a recommendation that the highest and best use for this property would be to allow the developer to purchase this property and incorporate it into the project site. Due to the small and irregular shape of the triangle lot, setback and parking lot requirements for development, ingress/egress issues, and the limited ability to construct a structure on the right-of-way lot, there is little to no use for the land with only use being to the adjacent landowner. The limited uses could be to optimize parking or to complement site plans with potential beautification to the landscaping of the area. Upon completion, this project will increase the City's tax revenue through ad-valorem tax, hotel occupancy tax, and sales tax. Moreover, it will transfer the responsibility of maintaining the City property to the new owner, reducing maintenance expenses for the City. ALTERNATIVES: The Council has the option to continue maintaining the 0.182 acre tract of City owned property instead of selling and conveying the property. FISCAL IMPACT: The City is set to receive $6,000 from the sale of the property and will profit from not having to maintain the maintenance associated with the property. Funding Detail: Fund: Organization/Activity: Department: Project # (CIP Only): Account: RECOMMENDATION: City Staff recommends selling and conveying the 0.182 acre tract of City owned property. This proposal is an excellent example of an economic development infill project that will activate an underutilized tract of land. The utility easement will remain intact, and no new City infrastructure or services will be needed. The City's maintenance responsibilities will be eliminated, and the land will be developed. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps Appraisal Report PowerPoint Presentation One reading ordinance authorizing the sale and conveyance of an approximately the .182- acre parcel of surplus land located at or near the intersection of Corona Drive and Flynn Parkway, as further described by metes and bounds in Exhibit "A" attached hereto and incorporated to Rajesh Panchal (owner of adjacent property) for the amount of $6,000.00. Whereas, in accordance with Section 272.001(b)(1) and (c)(1) of the Texas Local Government Code, the City Council may sell, exchange, or otherwise convey "narrow strips of land, or land that because of its shape . . . cannot be used independently" owned by the Municipality to the abutting property owner for fair market value; Whereas the City owns a .182-acre tract of surplus land located at or near the intersection of Corona Drive and Flynn Parkway, as further described by metes and bounds in Exhibit "A" attached hereto and incorporated by reference; Whereas, Rajesh Panchal is the owner of the abutting property and desires to purchase the property, for fair market value of $6,000.00, for inclusion in a development on the abutting property; and Whereas, this sale and conveyance of land is authorized pursuant to Section 272.001(b)(1) and (c)(1) of the Texas Local Government Code because this property is a small, irregularly shaped property that cannot be used independently; Now, therefore, be it ordained 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 ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this project. Section 2. The City Manager or designee is authorized to execute all documents necessary to sell and convey an approximately the .182-acre parcel of surplus land located at or near the intersection of Corona Drive and Flynn Parkway, as further described by metes and bounds in Exhibit "A" attached hereto and incorporated by reference to Rajesh Panchal (owner of adjacent property following vacation of right-of-way) for the amount of $6,000.00, which the parties have determined is the fair market value of the property based on an appraisal. Section 3. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this day of ' 2023. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor day of ' 2023. Corpus Christi, Texas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley Exhibit A DEVELOPMENT,LLC EMGINEERGV'6 D1 Yf510N 95io leopard Sf. £orpas tMS11,FX 78409 amv.fovtn1aeve1egfieaU0 Him(361)241.2777.Fat(361)241.2200 14CCC0051 .tune 19.2016 EXHIBIT A PARCEL I METES AND BOUNDS DESCRIPTION OFA 0.182 ACRE TRACT Being Parcel 1 containing 0.182 acres of land,more or less,out of Lot 2,Block 3,Marks Tract Subdivision, recorded in Volume 46. Pages 79 and 80,Map Records ofNueces County,Texas,and this 0.182 acre tract being more particularly described by metes and bounds a follows: Beginning at the east corner of this tract,said comer being on the northeast boundary of said Lot 2,Block 3, the same being the present southwest right-of-way line of Corona Drive and said comer being at the intersection for the planned north right-of-way line of Corona Drive and said point of beginning having a State Plane Grid coordinate of N 17,150,443.18 ,F, 1,342,568.99',NAD'83,"Texas South lone in U.S.feet; Thence westerly and entering said Lot 2,Block 3,with the proposed north right-of=ony of Corona Drive and with curve to the left whose radius point bears S 07-57-36 E,305.00 feet, having a central angle o['05-20-13. a radius ol'305.00 feet, a length of 28.44 feet: Thence continuing with the proposed north right-of-way of Corona Drive S 76-41-51 W, 102.30 feet,to the beginning of a curve to the right; Thence continuing with the proposed north right-of-way line of Corona Drive and with said curve to the right having a central angle of 119-52-16,a radius of 22.00 feet,a length of 46.03 feet.to the intersection with the proposed east right-of-way line of Flynn Parkway and the west boundary of this tract; Thence N 16-34-33 E with the west boundary of this tract and the proposed east right-of-way line of Flynn Parkway,65.93 feet,to the beginning of a curve to the right at the present east fight-of-way line of Flynn Parkway; Thence with said curve to the right having a central angle of 90-00-00,a radius of 10.00 feet,a length or 15.71 feet,to a corner on the present southwest right-of-way line of Corona Drive: Thence S 61-24-15 E with the northeast boundary of this tract and said Lot 2,Block 3 and the present southwest right-of-way line of Corona Drive, 138.11 feet,to the point of beginning and containing 0.182 acres of land,more or less. Notes: 1- Bearings are State Plane Grid. 2. Drawing accompanies this metes and bounds description. GOVIND DEVELOPMENT, LLC k ®` I CORPUS CRRIsn N I FL"N ! PARKWAY—� I V r l 5177 LL MARION @RSM NTERPRi5E5, LLC LOCATION PLAN COMMERCE Cc PFFCE - - LOT 1, BLOCK 1 I SPaI.E:,NIS W PARK-O L LP. MARKS TRACT SURpNIS10N LOT 3C, BLOCK S V-37,P-184, M.R.N.0�. MARKS TRACT SUBDIVISION V-SS,P-5, M.R.N.C.T. P.O.B. — — -- 4= 90'00'00" "N:17.150,443.18 -- - E1,342,588,99 R- 10.03' CORONA DRIVE (R.d.W VARIES) L= 15.71' L3 0.182 ACRES --- PARCEL 1 A= 05'20'33" R= 305.00' SUN FLYNN, LP A= 119'52'16' L- 28.44' LOT 0,BLOCK 2-A AND THE �. SCUTHEAST CORNER OF R- 22.00' LOT N, BLOCK 2-A L= 46.03' BYRON WILLIS SUBDIVISION V-45,P-46, M.R.N.C.T. TOMORROW VIII PARK GREEN L.P. A DELAWARE LJM7FD LOT 2, BLOCK 3 MARKS TRACT SU BDIVIS!UN V-46,PC5.79-60. M.R.N.C.T, TIGER LANE (60' Raw.) v� 0 u� \ SCALES i 10C LINE TABLE I, LINE BEARING DISTANCE Ll S76'41 51`W L2 NI 6'34'33"E 102.30' &/2a�lfi -- 65.93' -- L3 561.24'15-E 138.11 ............ GEbRGE RUBALCABA NOTES* �fr� 1. BEARINGS ARE STATE PLANE GRID 2, METES AND BOUNDS DESCRIPTION ACCOMPANIES THIS DRAWING I 5 EX B cirY OF caR�us c�Ris�i E sH�T I oO f 1 Q,1$2 ACRE DRAWN 61'RD DATE5/1s PARCEL 1 CHECKED Bre OR I REV 2/1. [!C SG+LE:AS NOTED CARPUS CHRISTI Td(AS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED DATE: July , 2023 GRANTOR: CITY OF CORPUS CHRISTI, TEXAS, a home rule municipal corporation. GRANTEE: Rajesh Panchal, in his individual capacity GRANTEE'S MAILING ADDRESS: 6603 NE Zac Lentz Parkway Victoria, Texas 77904 CONSIDERATION: Ten dollars and other valuable consideration. PROPERTY: The following described Land: The .182-acre tract being more particularly described by metes and bounds in the legal description attached hereto as Exhibit"A." Together with and including all of the Grantor's right, title and interest in and to the rights and appurtenances in any way belonging or appurtenant to said Land, including, without limitation: (i) any improvements on said Land (the Land and other appurtenant rights being referred to herein as the "Property"). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is subject to the following matters to the extent that such are presently in force and effect and affect the Property: (1) All easements, rights-of-way and restrictive covenants, if any, of record with the County Clerk of Nueces County, Texas; (2) Taxes for the current year,the payment of which Grantee assumes; (3) All mineral estate reservations and conveyances (including assignments or reservations of royalty interests) by Grantor and by Grantor's predecessors in title as shown by the records of the County Clerk of Nueces County, Texas; GRANT OF PROPERTY: Page 1 of 4 Grantor, for the Consideration and subject to the Reservations From and Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold unto Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property, except as to the Reservations From and Exceptions to Conveyance and Warranty to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise. When the context requires, singular nouns and pronouns include the plural. Grantor has executed and delivered this deed and has granted, sold and conveyed the above property, and Grantee has accepted this deed and has purchased the property, AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR AND GRANTEE TO EXPRESSLY NEGATE AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES AS TO FITNESS OR CONDITION, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, HABITABILITY AND FITNESS FOR ANY PARTICULAR USE OR PURPOSE, ALL WARRANTIES AS TO FITNESS OR CONDITION CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY, AND ALL OTHER WARRANTIES AND REPRESENTATIONS WHATSOEVER AS TO FITNESS OR CONDITION, except the warranty of title expressly set forth herein. GRANTOR: CITY OF CORPUS CHRISTI,TEXAS Peter Zanoni, City Manager GRANTEE: RAJESH PANCHAL By: Name: Date: ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2023 by Peter Zanoni, City Manager, on behalf of the City of Corpus Christi, Texas. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 2023 by Rajesh Panchal whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 2023. Notary Public, State of Texas EXHIBIT"A" To Special Warranty Deed from City of Corpus Christi to Harsha Hospitality, LLC Triangle Lot METES AND BOUNDS DESCRIPTION 0.182 ACRE TRACT Being Parcel 1 containing 0.182 acres of land, more or less, out of Lot 2, Block 3, Marks Tract Subdivision, recorded in Volume 46. Pages 79 and 80, Map Records of Nueces County, Texas, and this 0.182 acre tract being more particularly described by metes and bounds a follows: Beginning at the east corner of this tract, said comer being on the northeast boundary of said Lot 2, Block 3. the same being the present southwest right-of-way line of Corona Drive and said comer being at the intersection for the planned north right-of-way line of Corona Drive and said point of beginning having a State Plane Grid coordinate of N 17,150,443.18', E 1,342,568.99', NAD'83, Texas South Zone in U.S. feet; Thence westerly and entering said Lot 2, Block 3, with the proposed north right-of-way of Corona Drive and with curve to the left whose radius point bears S 07-57-36 E, 305.00 feet, having a central angle of 05-20-33. a radius of 305.00 feet, a length of 28.44 feet: Thence continuing with the proposed north right-of-way of Corona Drive S 76-41-51 W, 102.30 feet, to the beginning of a curve to the right; Thence continuing with the proposed north right-of-way line of Corona Drive and \Vith said curve to the right having a central angle of 119-52-16, a radius of 22.00 feet, a length of 46.03 feet, to the intersection with the proposed east right-of-way line of Flynn Parkway and the west boundary of this tract; Thence N 16-34-33 E with the west boundary of this tract and the proposed east right-of-way line of Flynn Parkway, 65.93 feet, to the beginning of a curve to the right at the present east right-of-way line of Flynn Parkway Thence with said curve to the right having a central angle of 90-00-00, a radius of 10.00 feet, a length of 15.71 feet, to a comer on the present southwest right-of-way line of Corona Drive: Thence S 61-24-15 E with the northeast boundary of this tract and said Lot 2, Block 3 and the present southwest right-of-way line of Corona Drive, 138.11 feet, to the point of beginning and containing 0.182 acres of land, more or less. AL MUM- Ail ' a r- F rl S fj f# s � u. -,(t' • 'J t7 n � Sys IX`�1� �y/ r 4 �_y}^' � �` �,, ' r r S ffi, a 4 Ar 90 .� • y _ t.r � • 4 07 lk 71 It 41 n 41 .t , 7•V • Y tY. F .. 1 3 _ s Y r _ JIN 7t ��pa, r t _ z. -14 ' 1 4 •• �. Valbridge Y PROPERTY ADVISORS Appraisal Report 0.182-Acre of Land Flynn Parkway and Corona Drive Corpus Christi, Nueces County, Texas 78411 Report Date: March 9, 2023 rt C._ c.F r,rill, rt a LAS i .:. a , FOR: Mr. Raj Patel 6603 Northeast Zac Lentz Parkway Victoria, Texas 77904 - Valbridge File Number: - TX01-23-0112-001 eValbridg Valbrid e Property Advisors 9 p Y �. PROPERTY ADVISORS ' San Antonio 9901 IH-10 West, Suite 1035 San Antonio,Texas 78230 (210)227-6229 phone (210)227-8520 fax www.valbridge.com March 9, 2023 Brett Weatherbie, MAI, AI-GRS Senior Managing Director bweatherbie@valbridge.com Mr. Raj Patel 6603 Northeast Zac Lentz Parkway Victoria, Texas 77904 RE: Appraisal Report 0.182-Acre of Land Flynn Parkway and Corona Drive Corpus Christi, Nueces County, Texas 78411 Dear Mr. Patel: In accordance with your request, we have performed an appraisal of the above referenced property. This appraisal report sets forth the pertinent data gathered, the techniques employed, and the reasoning leading to the value opinions. This letter of transmittal does not constitute an appraisal report and the rationale behind the value opinion(s) reported cannot be adequately understood without the accompanying appraisal report. The subject property, as referenced above, is located at the intersection of Flynn Parkway and Corona Drive. The subject site is a 0.182-acre, or 7,928-square-foot parcel. Due to the site's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, the subject is inaccessible by vehicle and no vehicular access points will be granted. The property is bordered to the north by an abandoned 60-foot right-of-way under common ownership (City of Corpus Christi). The site has access to public utilities. According to FEMA flood maps, the subject is located outside of the 100% floodplain; however, the property is located within the 500-year floodplain. The subject is not currently recognized by the Nueces County Appraisal District. SAN ANTONIO•AUSTIN •CORPUS CHRISTI• LAREDO•RIO GRANDE VALLEY•VICTORIA• MIDLAND/ODESSA-FL PASO•TEXAS HILL COUNTRY TEMPLE/KILLEEN/FORT HOOD \►a I br••ldge Mr. Raj Patel PROPERTY ADVISORS The "across the fence" valuation methodology has been utilized in the appraisal of the 0.182-acre subject tract. The concept of "across the fence" valuation involves first appraising a hypothetical economic land unit then applying the concluded unit value to the calculated land area of the subject (0.182-acre). The premise of this methodology is that the subject should be worth at least as much as the land to which it abuts or passes. The "across the fence" valuation involves first appraising a hypothetical economic land unit, then applying the concluded unit value to the appraised 0.182-acre to derive the fee simple value of the appraised property. This includes making any requisite adjustments or analysis to account for appraising the subject property subject to existing easements, etc. An economic land unit is characterized as a parcel of land with frontage, depth, size, shape, soil conditions, topography, access and other characteristics typical of those found in the market area under a designated highest and best use reflective of the subject. The analyses, opinions, and conclusions were developed, and this report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute; and the requirements of our client. The client in this assignment is Mr. Raj Patel and the intended users of this report are Mr. Raj Patel and the City of Corpus Christi. The intended use is for asset valuation for potential purchasing decisions. The value opinions reported herein are subject to the definitions, assumptions, limiting conditions, and certifications contained in this report. The findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions, the use of which might have affected the assignment results: Extraordinary Assumptions: • The subject property is currently inaccessible by vehicle from any public roadway. Due to the subject's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, and based on conversations with city officials, no vehicular access points will be granted. This appraisal is conducted under the extraordinary assumption that the subject will be inaccessible from any public roadway in perpetuity. Hypothetical Conditions: • For the purpose of this analysis, a "hypothetical economic land unit" has been utilized in the valuation of the 0.182-acre subject property. In the valuation analysis, the hypothetical economic land unit is to be located in the immediate area of the 0.182-acre subject, is 1.500 acres in size, and exhibits generally similar physical characteristics. SAN ANTONIO•AUSTIN •CORPUS CHRISTI• LAREDO•RIO GRANDE VALLEY•VICTORIA• MIDLAND/ODESSA•EL PASO•TEXAS HILL COUNTRY TEMPLE/KILLEEN/FORT HOOD Va I bridge Mr. Raj Patel PROPERTY ADVISORS The value conclusions are based on the analysis in the following report and presented in the following table: Value Conclusion Component Value Type Market Value Real Property Interest Fee Simple Effective Date of Value February 21, 2023 Value Conclusion $6,000 Respectfully submitted, Valbridge Property Advisors San Antonio Brett E. Weatherbie, MAI, AI-GRS Senior Managing Director State Certified General Real Estate Appraiser TX-1337354-G SAN ANTONIO•AUSTIN •CORPUS CHRISTI• LAREDO•RIO GRANDE VALLEY•VICTORIA• MIDLAND/ODESSA•EL PASO•TEXAS HILL COUNTRY TEMPLE/KILLEEN/FORT HOOD Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS TABLE OF CONTENTS Table of Contents Cover Page Letter of Transmittal Tableof Contents......................................................................................................................................................................5 Summaryof Salient Facts.......................................................................................................................................................6 LocationMap..............................................................................................................................................................................7 Introduction.................................................................................................................................................................................8 Scopeof Work.........................................................................................................................................................................11 Regional and Market Area Analysis.................................................................................................................................14 Cityand Neighborhood Analysis.....................................................................................................................................17 SiteDescription.......................................................................................................................................................................21 SubjectPhotographs.............................................................................................................................................................28 Assessmentand Tax Data ...................................................................................................................................................30 MarketAnalysis.......................................................................................................................................................................31 Highestand Best Use Analysis..........................................................................................................................................34 LandValuation.........................................................................................................................................................................36 Reconciliation...........................................................................................................................................................................50 Exposure Time and Marketing Period.......................................................................................................................50 General Assumptions and Limiting Conditions..........................................................................................................51 Certification — Brett E. Weatherbie, MAI, AI-GRS.......................................................................................................56 Addenda ....................................................................................................................................................................................57 Glossary.................................................................................................................................................................................58 Qualifications......................................................................................................................................................................65 Valbridge Property Advisors Information /Office Locations...........................................................................71 ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 5 aIbrld e 0.182-ACRE OF LAND SUMMARY OF SALIENT FACTS Summary of Salient Facts Property Address Flynn Parkway and Corona Drive Corpus Christi, Nueces County, Texas 78411 Latitude & Longitude 27.715395, -97.392884 Tax Parcel Number N/A Property Owner City of Corpus Christi Zoning General Commercial (CG-2) FEMA Flood Map No. 48355CO51OG Flood Zone Zone X Gross Land Area 0.182 acres Usable Land Area 0.182 acres Excess Land Area 0.000 acres Surplus Land Area 0.000 acres Total Land Area 0.182 acres Highest& Best Use - As Vacant Assemblage with adjoining land Reasonable Exposure Time 12 months Reasonable Marketing Time 12 months Value Conclusion Component Value Type Market Value Real Property Interest Fee Simple Effective Date of Value February 21, 2023 Value Conclusion $6,000 Extraordinary Assumptions: • The subject property is currently inaccessible by vehicle from any public roadway. Due to the subject's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, and based on conversations with city officials, no vehicular access points will be granted. This appraisal is conducted under the extraordinary assumption that the subject will be inaccessible from any public roadway in perpetuity. Hypothetical Conditions: • For the purpose of this analysis, a "hypothetical economic land unit" has been utilized in the valuation of the 0.182-acre subject property. In the valuation analysis, the hypothetical economic land unit is to be located in the immediate area of the 0.182-acre subject, is 1.500 acres in size, and exhibits generally similar physical characteristics. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 6 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS LOCATION MAP Location Map bt,r.--Ia r Tivoli BeevilleSeadri Austwell Refugio Woodsboro Nat 1 a Wildlito Refuge Lamar Mathis Sinton (7 Fulton Sandia Rockport Orange Grove odem Aransas Pass Portland Port Aransas Robstown Corpuf hristi Mus tang Island Driscoll Bishop Kingsville P LI d I "d e J I r e Loyola Beach Riviera 2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 7 AMY Valbridge 0.182-ACRE OF LAND NTRODUCTION Introduction Client and Intended Users of the Appraisal The client in this assignment is Mr. Raj Patel and the intended users of this report are Mr. Raj Patel and the City of Corpus Christi. Under no circumstances shall any of the following parties be entitled to use or rely on the appraisal or this appraisal report: i. The borrower(s) on any loans or financing relating to or secured by the subject property, ii. Any guarantor(s) of such loans or financing; or iii. Principals, shareholders, investors, members or partners in such borrower(s) or guarantors. Intended Use of the Appraisal The intended use of this report is for asset valuation for potential purchasing decisions. Real Estate Identification The subject property is located at Flynn Parkway and Corona Drive, Corpus Christi, Nueces County, Texas 78411. The subject is not currently recognized by the Nueces County Appraisal District. Legal Description Being Parcel 1 containing 0.182 acre of land, more or less, out of Lot 2, Block 3, Marks Tract Subdivision, recorded in Volume 46, Pages 79 and 80, Map Records of Nueces County, Texas. Use of Real Estate as of the Effective Date of Value As of the current date of value, the subject was vacant land. Use of Real Estate as Reflected in this Appraisal Same as above. Ownership of the Property According to Nueces County Deed Records, title to the subject property is vested in the City of Corpus Christi. History of the Property Ownership of the subject property has not changed within the past three years. The City of Corpus Christi acquire the subject on December 30, 2016 for an unknown amount. The Grantor in the transaction was Tomorrow VIII Park Green, L.P. The transaction was recorded in Document No. 2016054308 of the Official Public Records of Nueces County. The legal description of the site was later corrected and filed in Document No. 2017022329. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 8 AMY Valbridge 0.182-ACRE OF LAND NTRODUCTION Type and Definition of Value The appraisal problem is to develop an opinion of the market value of the subject property. Market value is defined as the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale with the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: • buyer and seller are typically motivated; • both parties are well informed or well advised, and acting in what they consider their own best interest; • a reasonable time is allowed for exposure in the open market; • payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and • the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale' Please refer to the Glossary in the Addenda section for additional definitions of terms used in this report. Valuation Scenarios, Property Rights Appraised, and Effective Dates of Value Opinions of value for the subject property were developed under the following valuation scenarios: Valuation Scenario Effective Date of Value As Is Market Value of the Fee Simple Interest February 21, 2023 Date of Report The date of this report is March 9, 2023. List of Items Requested but Not Provided • None Assumptions and Conditions of the Appraisal This appraisal assignment and the opinions reported herein are subject to the General Assumptions and Limiting Conditions contained in the report and the following extraordinary assumptions and/or hypothetical conditions, the use of which might have affected the assignment results. ' FIRREA Code of Federal Regulations, Title 12, Part 34 Subpart C - 34.42, 1990; also, Interagency Appraisal and Evaluation Guidelines, Federal Register/Vol.75, No. 237, 2010 ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 9 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS INTRODUCTION Extraordinary Assumptions: • The subject property is currently inaccessible by vehicle from any public roadway. Due to the subject's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, and based on conversations with city officials, no vehicular access points will be granted. This appraisal is conducted under the extraordinary assumption that the subject will be inaccessible from any public roadway in perpetuity. Hypothetical Conditions: • For the purpose of this analysis, a "hypothetical economic land unit" has been utilized in the valuation of the 0.182-acre subject property. In the valuation analysis, the hypothetical economic land unit is to be located in the immediate area of the 0.182-acre subject, is 1.500 acres in size, and exhibits generally similar physical characteristics. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 10 \/ Va I bridge 0.182-ACRE OF LAND SCOPE OF WORK Scope of Work The elements addressed in the Scope of Work are (1) the extent to which the subject property is identified, (2) the extent to which the subject property is inspected, (3) the type and extent of data researched, (4) the type and extent of analysis applied, (5) the type of appraisal report prepared, and (6) the inclusion or exclusion of items of non-realty in the development of the value opinion. These items are discussed as below. Extent to Which the Property Was Identified The three components of the property identification are summarized as follows: • Leaal Characteristics - The subject was legally identified via Nueces County deed records. • Economic Characteristics - The subject property economic characteristics were identified via in-house economic data, public information, subscriber-based data, market participants, etc. • Physical Characteristics - The subject was physically identified via a tour of the subject property completed by the appraiser. The appraiser made descriptive notes and has taken sufficient photographs to adequately depict the appraised property. The immediate neighborhood and surrounding market area were toured by the appraisers to assist in determining the development characteristics of the market area. Extent to Which the Property Was Inspected An appraisal inspection of the subject property was completed on February 21, 2023. Type and Extent of Data Researched The following data was researched and analyzed: (1) market area data, (2) property-specific market data, (3) zoning and land-use data, and (4) current data on comparable listings and transactions. Professionals familiar with the subject market/property type were also interviewed. Type and Extent of Analysis Applied (Valuation Methodology) Surrounding land use trends, the condition of any improvements, demand for the subject property, and relevant legal limitations were observed in the process of concluding a highest and best use for the subject property. The subject property was then valued based on the highest and best use conclusion. Appraisers develop an opinion of property value with specific appraisal procedures that reflect three distinct methods of data analysis: the cost approach, sales comparison approach, and income capitalization approach. One or more of these approaches are used in all estimations of value. • Cost Approach - In the cost approach, the value indication reflects the sum of current depreciated replacement or reproduction cost, land value, and an appropriate entrepreneurial incentive or profit. • Sales Comparison Approach - In the sales comparison approach, value is indicated by recent sales and/or listings of comparable properties in the market, with the appraiser analyzing the impact of material differences in both economic and physical elements between the subject and the comparables. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 11 Va I bridge 0.182-ACRE OF LAND SCOPE OF WORK • Income Capitalization Approach - In the income capitalization approach, value is indicated by the capitalization of anticipated future income. There are two types of capitalization: direct capitalization and yield capitalization, more commonly known as discounted cash flow (DCF) analysis. All these approaches to value were considered. The availability of data and applicability of each approach to value within the context of the characteristics of the subject property, along with the needs and requirements of the client, were assessed. Based on this assessment, the Sales Comparison Approach was developed. The Cost Approach has not been developed as the subject is vacant land void of structural improvements The Income Capitalization Approach is not applicable and has not been developed. The "across the fence" valuation methodology has been utilized in the appraisal of the 0.182-acre subject tract. The concept of "across the fence" valuation involves first appraising a hypothetical economic land unit then applying the concluded unit value to the calculated land area of the subject (0.182-acre). The premise of this methodology is that the subject should be worth at least as much as the land to which it abuts or passes. The "across the fence" valuation involves first appraising a hypothetical economic land unit, then applying the concluded unit value to the appraised 0.182-acre to derive the fee simple value of the appraised property. This includes making any requisite adjustments or analysis to account for appraising the subject property subject to existing easements, etc. An economic land unit is characterized as a parcel of land with frontage, depth, size, shape, soil conditions, topography, access and other characteristics typical of those found in the market area under a designated highest and best use reflective of the subject. Tracts of land in the immediate market area are typically commercially oriented sites that typically range in size from 1.00 to 5.00 acres. The comparable sales utilized in the Sales Comparison Approach to follow, range in size from 0.832 to 1.997 acres. Based on a survey of the surrounding market area, comparable land sales and the appraiser's knowledge and experience, it is the appraiser's opinion that the appropriate hypothetical economic land unit to be utilized in the initial valuation of the appraised property is 1.50 acres. A 1.50-acre commercially oriented vacant tract of land is considered a typical economic land unit in the immediate and general market area of the appraised property. For the purpose of this analysis, a "hypothetical economic land unit" or parent tract has been utilized in the valuation of the 0.182-acre subject property. In the valuation analysis, the hypothetical economic land unit is to be located in the immediate area of the 0.182-acre subject, is 1.500 acres in size, and exhibits generally similar physical characteristics. Further discussion of the extent of our analysis and the methodology of each approach is provided later in the respective valuation sections. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 12 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS SCOPE OF WORK Appraisal Conformity and Report Type The analyses, opinions, and conclusions were developed, and this report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute; and the requirements of our client. This is an Appraisal Report as defined by the Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2a. Personal Property/FF&E All items of non-realty are excluded from this analysis. The opinion of market value developed herein is reflective of real estate only. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 13 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS REGIONAL AND MARKET AREA ANALYSIS Regional and Market Area Analysis REGIONAL MAP George West psi Rr•fuq, 217 iHl LeA'tat sa Mathis Sandra Sinton es Rockper Orange Grove Odem -I Ht dI1Sa�Pass Pcr`3rd _ Por' rar�sas Rohstown Corp V hristi San Diego Al1Ce �y _ hTustsrq _ i"'arid Driscoll xa� zei Bishop Kingsville wsf!;�n�il Rias `ed' +ir:;r Prernont µ' Loyola Beach Riviera f-eaf Falfurrias Santa w, Overview The subject is located in Corpus Christi, in Nueces County. It is part of the Corpus Christi MSA. Corpus Christi is the largest community in Nueces County and the Coastal Bend region and is the county seat of Nueces County. As of 2022, the population of Corpus Christi is 306,036. It is the eighth largest city in the State of Texas. The Corpus Christi MSA includes Nueces, Aransas, and San Patricio counties. Industries with headquarters or divisions located within the City's boundaries, or within the MSA include industrial, petrochemical, construction, meat processing, convenience store, banking, and financial services. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 14 If� Va I bridge 0.182-ACRE OF LAND REGIONAL AND MARKET AREA ANALYSIS Population Population characteristics relative to the subject property are presented in the following table. Population Estimated AnnualA Projected AnnualA Area 2020 2022 2020- 22 2027 2022 - 27 United States 331,449,281 335,707,897 0.6% 339,902,796 0.2% Texas 25,145,561 30,157,100 9.5% 31,502,395 0.9% Corpus Christi, TX (MSA) 405,027 425,071 2.4% 428,212 0.1% Nueces County 340,223 355,260 2.2% 356,837 0.1% Corpus Christi, TX 305,199 320,242 2.4% 321,962 0.1% Source:ESRI(ArcGIS) Employment Corpus Christi relies on commercial trade, service, government employment, and manufacturing, which results in a more balanced economy than other Texas cities that may rely on one dominant industry such as technology or oil. The amount of construction and repairs has and will continue to have a great impact on employment and overall economic standing as a result of the destruction to infrastructure from Hurricane Harvey. The chart below outlines employment statistics for the Corpus Christi MSA 2022 estimates. Employment by Industry - Corpus Christi, TX (MSA) 2022 Percent o Industry Estimate Employmen] Agriculture/Forestry/Fishing/Hunting 901 0.44% Mining/Quarrying/Oil &Gas Extraction 4,392 2.14% Construction 21,553 10.52% Manufacturing 13,354 6.52% Wholesale Trade 4,608 2.25% Retail Trade 22,736 11.10% Transportation/Warehousing 10,265 5.01% Utilities 1,853 0.90% Information 2,080 1.02% Finance/Insurance 6,861 3.35% Real Estate/Rental/Leasing 4,879 2.38% Professional/Scientific/Tech Services 10,048 4.91% Management of Companies/Enterprises 67 0.03% Admin/Support/Waste Management Services 7,623 3.72% Educational Services 17,550 8.57% Health Care/Social Assistance 30,203 14.75% Arts/entertainment/Recreation 2,110 1.03% Accommodation/Food Services 19,092 9.32% Other Services (excl Public Administration) 11,113 5.43% Public Administration 13,500 6.59% Total 204,788 100.0% Source:ESRI(ArcGIS) ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 1S AMY Valbridge 0.182-ACRE OF LAND REGIONAL AND MARKET AREA ANALYSIS Unemployment The following table exhibits current and past unemployment rates as obtained from the Bureau of Labor Statistics. Overall, the Region's unemployment is slightly above the national and state averages. Unemployment Rates Area YE 2018 YE 2019 YE 2020 YE 2021 YE 2022 United States 3.9% 3.7% 8.1% 5.3% 3.6% Texas 3.9% 3.5% 7.7% 5.7% 3.6% Corpus Christi, TX (MSA) 5.0% 4.3% 9.1% 7.2% 4.5% Nueces County, TX 4.7% 4.1% 8.9% 6.9% 4.3% Corpus Christi, TX 4.6% 4.1% 8.9% 6.9% 4.3% Source:www.bls.gov not seasonally adjusted, 'January-most recent for US,others lag by 1-2 mos.) Median Household Income Total median household income for the region is presented in the following table. Overall, the subject's MSA and county compare favorably to the state and the country. Median Household Income Esti mated Projected AnnuallA Area 2022 2027 2022 - 27 United States $62,203 $67,325 1.6% Texas $70,834 $81,850 2.9% Corpus Christi, TX (MSA) $64,517 $77,544 3.7% Nueces County $64,271 $77,126 3.7% Corpus Christi, TX $64,811 $77,486 3.6% Source:ESRI(ArcGIS) Conclusions Overall, the Corpus MSA is slightly inferior when compared to national and state demographic characteristics such as unemployment rate, population growth, median household income, etc.; however, with the current initiatives discussed above the outlook for the Corpus Christi MSA is considered positive. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 16 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS CITY AND NEIGHBORHOOD ANALYSIS City and Neighborhood Analysis NEIGHBORHOOD MAP H-E-B Driscoll Children's 19 t•Harne Hospital 1 H-E-B S s Supercenter Texts Roadhouse ,. % i4C Walmart Supe€center I1 E a �W ��y 5plrlt Halloween , '� 7e,6 Ra le+ir w�.iih U�srJ ,- � $`lea miya Sushi . rpus Christi ractor Supply Co H-E B Sam's Cluh �uPp 4' .n BAY AW 01 757 CabanisS Field NOLF Century 16 �n XD and IMAXV11 Corpus i Med_iC81 356 ft SOUTH SIDE Rp Walmart Supercenter 1& Ginger Cafe&Grill P r... 473 Overview The subject is located at the intersection of Flynn Parkway and Corona Drive in the south-central section of Corpus Christi in Nueces County. The subject's immediate area is characterized by commercial land use to include retail along commuter routes with secondary commercial, light industrial, and residential subdivision development backing primary commercial development. Neighborhood Location and Boundaries The subject neighborhood is located in the southcentral section of Corpus Christi. The area is urban in nature. The neighborhood is bounded by South Padre Island Drive to the north, Airline Road to the east, Saratoga Boulevard to the south, and Crosstown Expressway to the west. Transportation Access Within the immediate area of the subject property, transportation access helps define the character of its development. Major travel and commuter routes within the area of the subject property include Staples Street and South Padre Island Drive. Access to the area is considered average. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 17 Ir� Va I bridge 0.182-ACRE OF LAND CITY AND NEIGHBORHOOD ANALYSIS Demographics The following table depicts the area demographics in Corpus Christi within a one-, three-, and five- mile radius from the subject. Nei hborhood QemoqraL3hics Radius Population Summary 2010 Population 17,459 131,752 216,131 2022 Population Estimate 16,745 130,158 226,283 2027 Population Projection 16,632 129,431 225,150 Annual % Change (2022 - 2027) -0.1% -0.1% -0.1% Housing Unit Summary 2010 Housing Units 7,157 54,642 87,679 • Owner Occupied 52.2% 52.0% 54.1% • Renter Occupied 39.8% 40.4% 37.8% 2022 Housing Units 7,075 56,340 94,685 • Owner Occupied 50.7% 51.8% 54.0% • Renter Occupied 38.6% 38.3% 36.1% 2027 Housing Units 7,085 56,502 94,999 • Owner Occupied 51.0% 52.0% 54.2% • Renter Occupied 37.7% 37.5% 35.3% Annual % Change (2022 - 2027) 0.0% 0.1% 0.1% Income Summary 2022 Median Household Income Estimate $57,958 $63,900 $63,673 2027 Median Household Income Projection $67,729 $76,219 $76,320 Annual % Change 3.2% 3.6% 3.7% 2022 Per Capita Income Estimate $27,278 $32,172 $31,765 2027 Per Capita Income Projection $31,723 $37,410 $36,844 Annual % Change 3.1% 3.1% 3.0% Source:ESRI(ArcGIS) (Lot.-27775395,Lon:-97.392884) ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 18 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS CITY AND NEIGHBORHOOD ANALYSIS NUECES Corpus ase Christi CEN. Al CITI Corpus Ctrl I r. trf J F >�aval Outlying FiEEd eaba%niss �1 357 Peary Place 'ase Flour duff Waldron Naval Air ,,-If ield Ali ;�:rtYsdit ■ 5 4 0411ktowwim®20,22 TomTom Source: Bing Maps-approximate 1/3/5 mile radii from subject at 27.715395,-97392884 Microsoft product screen shots reprinted with permission from Microsoft Corporation Within a three-mile radius, the reported population is 130,158 with a projected growth rate of approximately -0.1% annually. There are 56,340 housing units within that three-mile radius. The growth rate is expected to be 0.1% annually. Most of the housing is owner-occupied. Our research indicates that property values in the area are stable to increasing. Within a three-mile radius, the median household income is $63,900. Looking ahead, annual household income growth is projected at 3.6% per year. Nuisances & External Obsolescence Neighborhood properties have adequate levels of maintenance. No adverse or unfavorable factors were observed. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 19 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS CITY AND NEIGHBORHOOD ANALYSIS Neighborhood Life Cycle Most neighborhoods are classified as being in one of four stages: growth, stability, decline, or renewal. Overall, the subject neighborhood is in the stable stage of its life cycle. Immediate Area Uses The below aerial photo exhibits the uses located in the subject's immediate vicinity. IMMEDIATE AREA USES c M • n r � F• 1f � .1 X71 � a+'•�.✓gyp»• '� +'p/• �, r s. Al Y Source:ESRI(ArcGIS) Uses along Flynn Parkway in the vicinity of the subject are primarily commercial in nature with a mix of office, hotel/lodging, and retail development. As shown above, the density of uses in the area is sporadic with some vacant land remaining available in the area. Analysis and Conclusions The neighborhood is characterized by a mix of commercial development and scattered undeveloped-vacant land use along commuter routes with residential land use set further back. The overall outlook for the area appears stable to slightly positive for the near term. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 20 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS SITE DESCRIPTION Site Description The subject site is located at the intersection of Flynn Parkway and Corona Drive. The characteristics of the site are summarized as follows: Site Characteristics Gross Land Area: 0.182 Acre or 7,928 SF Usable Land Area: 0.182 Acre or 7,928 SF Usable Land %: 100.0% Shape: Irregular Topography: Level Drainage: Appears adequate Grade: At street grade Utilities: Public utilities available Off-Site Improvements: Public infrastructure Interior or Corner: Corner Signalized Intersection: No Excess/Surplus Land: None Street Frontage/Access SecondaryFrontage Road Primary Street Name: Flynn Parkway Corona Drive Street Type: Urban Collector Urban Collector Frontage (Linear Ft.): 65.92 102.30 Number of Curb Cuts: 0 0 Additional Access Alley Access: No Flood Zone Data Flood Map Panel/Number: 48355CO51OG Flood Map Date: 10-13-2022 Flood Zone: Zone X; According to FEMA flood maps, the subject is located outside of the 100% floodplain; however, the property is located within the 500-year floodplain. Portion in Flood Hazard Area: 0.00% ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 21 VaIbridge 0.182-ACRE OF LAND SITE DESCRIPTION Other Site Conditions Soil Type: The appraiser has not been provided a soil or subsoil survey of the appraised property. This appraisal is based on the assumption that there are no soil or subsoil characteristics, including any sort of environmental contamination, which would adversely impact the site. If environmental contamination is present, the value conclusions contained herein may change. Environmental Issues: To the knowledge of the appraisers, there are no known environmental issues that adversely affect the value of the appraised site. Easements/Encroachments: Subject to building setback requirements per zoning Adjacent Land Uses North: Commercial development South: Commercial development East: Commercial development West: Commercial development Site Ratings Access: None Visibility: Good Zoning Designation Zoning Jurisdiction: City of Corpus Christi Zoning Classification: CG-2, General Commercial Permitted Uses: A variety of commercial uses Zoning Comments: The General Commercial zoning districts provide sufficient space in appropriate locations for all types of commercial and service activity, particularly along arterial streets where a general mixture of such activity now exists. Analysis/Comments on Site The appraised site includes 0.182-acre of land. The property is a triangular shaped tract located at the intersection of Flynn Parkway and Corona Drive in Corpus Christi, Texas. The site exhibits generally level topography and features frontage along Flynn Parkway and Corona Drive. The property is currently inaccessible from any public roadway. Due to the site's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, and based on conversations with city officials, vehicular access points will not be granted. The property is bordered to the north by an abandoned 60-foot right-of-way under common ownership (City of Corpus Christi). The site includes access to public utilities. According to FEMA flood maps, the subject is located outside of the 100% floodplain; however, the property is located within the 500-year floodplain. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 22 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS SITE DESCRIPTION SURVEY ® CORPUS CHRISTI II N FLYNN PPRI(WAl'--- } I 1 ; I 358 a o 7177 f � I MARION BREM ""","F LOCATION PLAN CUMMERCE OFFCE LOT 1, BLOCK I SCA.EL R18 PARK-ONE LP. MARK5 TRACT SUBOMSIoN LOT 3C, BLOCK 1 V-3T,P-184, N.R,N.C,T, MARKS TRACT SLJBDryiSION V-55,P-5, M.R.N.C.T. P.D.B. ' 6= 90'OD'00" Ei,342,568.89 R- 10.00' CORONA DRIVE (R.O.W.VARES) L= 15.71' L3 ' 0.182 ACRES PARCEL t A= 05'20'33" I R= 305.00' SUN FLYNN, LR p= 119'52'16" LW 28.44' LOT 0, BLBCK 2-A AND SOUTHEAST CORNER OF R= 22,00' LOT N. BLOCK 2-A L- 46.03'- 13YRON WILDS sUBDIM51oN V-45P-46, M R.N,CJ, TOMORROW VIII PARK GREEN L.P. A DELAWARE UMITEP LoT 2, BLOCK 3 MARKS TRACT SUEDIVI510N V-46,PC5,79-80, M.R.N.C.T. T;GER LAME(63' R.O.W.) I I a 5D' 100' 1 � LINE TABLE SCALE LINE BEARING DISTANCE L1 576'41'51"W 1 102.30' 6/20/16 1-2 NI 534'33"E 1 55.93' L3 561'24'15"E 1 138.11' � GEORGE_RUBALCABA R NOTES: G�� .... 1. BEARINGS ARE STATE PLANE GRID 2. METES AND BOUNDS DESCRIPTION ACCOMPANIES THIS DRAWING s EXHIBIT B CITY Of CORPUS CHRISTI ' S1EIET+ OF + 0.182 ACRE Z4Lim1wduwN ev Ro uue,/,a PARCEL 1CHECKED By GRREV-,h SCALE:AS NnTEO CORPUS CHRISTI TE%A5 ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 23 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS SITE DESCRIPTION AERIAL VIEW r ; rte'" ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 24 Valbridge 0.182-ACRE OF LAND SITE DESCRIPTION r, PROPERTY ADVISORS FLOOD MAP National Flood Hazard Layer FI R Mette - L,, Legend a + k, ir. I—. ` a.a n. « .. .l r or NtRwR ym,ru,.,v-nna n..o►mw r.... �`.;t A(IF rmr lIme L 1,Li14,)L5 I-.'v:1L1. GHiRRi-- aM•T L w,,,W s..a sa RIKi URL�r , p - :I C ull. l.3-. � •yi x r `"r F1711 AAe/Ari errEWA ^' n✓ „ bd. _.� - .�.t1' ...._..__ Fe« IF.OfMI 9>•��r::.�mr. a�..�.,.F..m ...r„ ,. 0 2' `.u0 exr.+,au::a:s runr+i�atan a�s�xm.vx•,ura.+RFnnmeaeew lox ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 25 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS SITE DESCRIPTION FLOOD MAP-AERIAL VIEW C'in• of Corpus - Christi 8355COSIOG' 10/1312022 �T aff ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 26 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS SITE DESCRIPTION ZONING MAP 11 mmmmmmkftm Zoning:CG-2 L 011220 –:—:)INANCE1 R. AY TAG CG-2 CASE N U'.1 Zoom to N4- 2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 27 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS SUBJECT PHOTOGRAPHS Subject Photographs IT i View of subject looking generally south toward intersection of Flynn Parkway and Corona Drive W� xF S View of subject from Flynn Parkway ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 28 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS SUBJECT PHOTOGRAPHS View of frontage along Corona Drive __ I� 9 View of frontage along Flynn Parkway ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 29 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ASSESSMENT AND TAX DATA Assessment and Tax Data Assessment Methodology The subject is not currently recognized by the Nueces County Appraisal District. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 30 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS MARKET ANALYSIS Market Analysis Inflation Inflation is perhaps the biggest 2023 concern for CRE markets and investors. High inflation rates are being driven by both demand (stimulus, more businesses opening, high savings rates) and supply factors (labor shortages and supply chain disruptions). While at the highest rate in 30 years, inflation will likely stay high for the next year. The following table presents historical inflations rates: ANNUAL CPI RATE OF CHANGE Percent 10.0 5.0 0.0 -5.0 Nov 2002 Nov 2004 Nov 2006 Nov 2008 Nov 2010 Nov 2012 Nov 2014 Nov 2016 Nov 2018 Nov 2020 Nov 2022 Source:U.S. Bureau of Labor Statistics The November 2022 CPI reading was an annual rate of 7.1%, down from the annual rate of 9.0% in June, a pace not seen since 1990. Because of the unique nature of the causes of this rate of inflation, the demand outlook does not point to accelerating inflation over the medium term, which is most important for the overall economic outlook and for decision makers at the Federal Reserve. Market participants anticipate that the Fed will continue to hike interest rates in early 2023 to combat inflation. The biggest risk is that unexpected runaway inflation would be damaging to the economy and negatively affect commercial property markets. However, this is not the expected scenario and elevated inflation can have a net positive impact on commercial property values. Interest Rates To combat inflation, the Federal Reserve raised the federal funds rate by 25 basis points in March 2022, reflecting the first increase since 2018. However, this increase had little to no impact in year over year inflation and the Federal Reserve raised rates by an additional 50 basis points in May 2022, followed by 75 basis points in June, July, September, and November 2022. Interest rate increases were moderated in December at 50 basis points in response to CPI rolling over. Interest rate increases affect capital-intensive industries like real estate. As credit becomes more expensive, investor return requirements increase, which can lead to higher capitalization rates expectations. As inflation persists and the market anticipates additional rate hikes by the Fed, slower growth in CRE pricing and transactions is expected. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 31 Va I bridge 0.182-ACRE OF LAND MARKET ANALYSIS In general, nominal (non-inflation adjusted) real estate returns perform well under a variety of rate environments, while inflation-adjusted real estate returns are strongest during periods of stability, according to research done by Trepp. In a March 2022 report on interest rates and commercial real estate, moderate declines or slight increases (0 to 50 basis points) create the strongest returns, with median annual growth at 3.1%. Trepp outlined the following possible impacts of higher interest rates on major CRE sectors: Multifamily Issuance in this sector surged in the low-interest-rate environment of 2020 and 2021 Sharply higher interest rates put a dent in issuance in late 2022, as higher borrowing costs reduced demand for debt financing. In the long-term, issuance could rebound. Despite the current trend of declining unemployment and rising income, wage inflation is outpacing price inflation as of now. If this inflation trend continues, consumer demand could be pushed further toward rental properties. However, the market is currently experiencing a shift away from renting. According to data from the United States Census Bureau, the homeownership rate increased to 65.5% in Q4 2021, a decline from the Q2 2020 peak of 67.9% (a rate height that has yet to be surpassed by those seen post-2008 financial crisis). Additionally, those between the ages of 25 to 29 have increased their homeownership share to 35.4°/x, up from 34.8% a year earlier, possibly suggesting that younger families are moving away from renting. Office The office sector also benefited from the low-interest-rate environment. However, rising interest rates have resulted in an overall drag on growth in 2022 with some companies reducing their projections for future office space needs. With that in mind, landlords have been more willing to lock in tenants at their current rates rather than risk losing them. However, firms are in the midst of the debate over hybrid, in-person, and fully remote expectations from employees, and some are choosing to offload their excess office spaces and either downsize or do away with their in-person spaces for good. Additionally, rising rates have been problematic when it comes to refinancing. The office market is already in turmoil and rising interest rates are adding to the uncertainty in the market. Retail With rising interest rates and a slowing economy, some retailers may curtail plans for growth in response to an up-and-coming potential drop in disposable consumer income. This curtailment may make it more difficult to backfill vacant spaces and lead to consolidation by retailers. Investors could choose to approach 2023 with a more conservative view of retail occupancy going forward. Lodging The hotel industry faces challenges from both a supply and demand perspective. CMBS lenders abruptly stopped funding loans when the pandemic took effect in 2020, but, since then lodging loan issuance has picked up. While this seems like good news, the uptick in issuance could prove too fast and there is a potential for the supply to outpace demand. There may not be enough demand to absorb the new supply if consumers and businesses maintain and reduce their levels of spending. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 32 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS MARKET ANALYSIS Conclusions Various market participants will feel the effects of rising interest rates. As highlighted above, each sector of the CRE space will react differently to these rising rates. Ultimately there was some volatility in late 2022 experience across most CRE sectors, which is expected to continue until interest rates moderate. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 33 ��.,�'�,"/� Va I bridge 0.182-ACRE OF LAND If� HIGHEST AND BEST USE Highest and Best Use Analysis The Highest and Best Use of a property is the use that is legally permissible, physically possible, and financially feasible which results in the highest value. An opinion of the highest and best use results from consideration of the criteria noted above under the market conditions or likely conditions as of the effective date of value. Determination of highest and best use results from the judgment and analytical skills of the appraiser. It represents an opinion, not a fact. In appraisal practice, the concept of highest and best use represents the premise upon which value is based. Highest and Best Use As Though Vacant The primary determinants of the highest and best use as though vacant are (1) Legal permissibility, (2) Physical possibility, (3) Financial feasibility, and (4) Maximum productivity. Legally Permissible The subject site is located within the CG-2 (General Commercial) zoning district which controls the general nature of permissible uses and is appropriate for the location and physical elements of the subject property. The location of the subject property is appropriate for the uses allowed, as noted previously, and a change in zoning is unlikely. The CG-2 district dictates 20-foot setback requirements from adjoining property lines. The setback requirements severely limit the development potential of the site. Physically Possible The physical characteristics of the subject site are presented in the Site Description. As previously discussed, the property is currently inaccessible from any public roadway. Due to the site's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, and based on conversations with city officials, no vehicular access points will be granted. The property is triangular in shape that narrows from north to south. Other elements such as size, availability of utilities, known hazards (flood, environmental, etc.), and other potential influences were considered. The utility of the site is significantly adversely impacted by lack of access from a public roadway as well as its small triangular shape. Financially Feasible A review of published yield, rental and occupancy rates suggests that there is a balanced supply of commercial development in the subject's market area and demand is marginally sufficient to support construction costs and timely absorption of additional inventory in this market. Based on the subject's legal and physical limitations discussed above, the only financially feasible use for the subject is assemblage with adjoining land. Maximally Productive Among the financially feasible uses, the use that results in the highest value (the maximally productive use) is the highest and best use. Considering these factors, the maximally productive use as vacant is for assemblage with adjoining land. Highest and Best Use As Vacant Conclusion The conclusion of the highest and best use as vacant is for assemblage with adjoining land. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 34 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS HIGHEST AND BEST USE Most Probable Buyer As of the date of value, the most probable buyer of the subject property is an adjacent landowner. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 35 `11/19VaIbridge 0.182-ACRE OF LAND `9 LAND VALUATION Land Valuation Methodology Site Value is most often estimated using the sales comparison approach. This approach develops an indication of market value by analyzing closed sales, listings, or pending sales of properties similar to the subject, focusing on the difference between the subject and the comparables using all appropriate elements of comparison. This approach is based on the principles of supply and demand, balance, externalities, and substitution, or the premise that a buyer would pay no more for a specific property than the cost of obtaining a property with the same quality, utility, and perceived benefits of ownership. The "across the fence" valuation methodology has been utilized in the appraisal of the 0.182-acre subject tract. The concept of "across the fence" valuation involves first appraising a hypothetical economic land unit then applying the concluded unit value to the calculated land area of the subject (0.182-acre). The premise of this methodology is that the subject should be worth at least as much as the land to which it abuts or passes. The "across the fence" valuation involves first appraising a hypothetical economic land unit, then applying the concluded unit value to the appraised 0.182-acre to derive the fee simple value of the appraised property. This includes making any requisite adjustments or analysis to account for appraising the subject property subject to existing easements, etc. An economic land unit is characterized as a parcel of land with frontage, depth, size, shape, soil conditions, topography, access and other characteristics typical of those found in the market area under a designated highest and best use reflective of the subject. Tracts of land in the immediate market area are typically commercially oriented sites that typically range in size from 1.00 to 5.00 acres. The comparable sales utilized in the Sales Comparison Approach to follow, range in size from 0.832 to 1.997 acres. Based on a survey of the surrounding market area, comparable land sales and the appraiser's knowledge and experience, it is the appraiser's opinion that the appropriate hypothetical economic land unit to be utilized in the initial valuation of the appraised property is 1.50 acres. A 1.50-acre commercially oriented vacant tract of land is considered a typical economic land unit in the immediate and general market area of the appraised property. For the purpose of this analysis, a "hypothetical economic land unit" or parent tract has been utilized in the valuation of the 0.182-acre subject property. In the valuation analysis, the hypothetical economic land unit is to be located in the immediate area of the 0.182-acre subject, is 1.500 acres in size, and exhibits generally similar physical characteristics Unit of Comparison The unit of comparison selected depends on the appraisal problem and nature of the property and is intended to explain or mirror market behavior. The primary unit of comparison in the market and applied in this analysis is price per usable square foot. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 36 V a I bridge 0.182-ACRE OF LAND LAND VALUATION Elements of Comparison Elements of comparison are the characteristics or attributes of properties and transactions that cause the prices of real estate to vary. The primary elements of comparison considered in sales comparison analysis are as follows: (1) property rights conveyed, (2) financing terms, (3) conditions of sale, (4) expenditures made immediately after purchase, (5) market conditions, (6) location and (7) physical characteristics. Comparable Sales Data The market was studied to identify sales and listings of typical commercial tracts in the subject's market area. These properties typically have similar locations and physical characteristics. Of these transactions, sufficient sales data was available for the following sale comparables, which were analyzed to estimate a unit value for the economic unit. The following table summarizes the sale comparables utilized and a map illustrating the location of each in relation to the subject property follows. Details of each comparable follow the location map. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 37 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS LAND VALUATION Land Sales Summary Date Usable Sales Price Per No. of Sale Acres Location Zoning Actual Sq. Ft. 1 February-23 0.832 5718&5722 Wooldridge Road Corpus Christi, Texas IL $485,000 $13.38 2 December-22 1.029 4302 Tiger Lane Corpus Christi, Texas CG-1 $432,000 $9.64 3 May-22 0.950 3910 Saratoga Boulevard Corpus Christi, Texas CG-1 $745,200 $18.00 4 August-20 1.997 6702 S Staples St. Corpus Christi, Texas CG-2 $1,566,000 $18.00 COMPARABLE SALES MAP Pavani Express rj Seirii Hallowee, Umiya Sushi Embassy Suites by Hilton Corpus Christi est Buy Land Sale No.2 H-E•B am's Club HoAr�e Sub'ect Pra ke. La P,almer7 p f � . J Hobby Lobby ; ase Sunrise Target b ` 3 Golde 55r `"°�iyka � Buffr, Lowe's Home i Prirne TimeChrialmlPImprovement Corpu Land Sale No.3 m Store 0 Andy s Kilclrerr� a' a ab aL LanLS ale No. 1 1Y PSS C H-E-B plus! SOUTH SIDE ya`� 157 almart Supercenter 'Peter Piper Pizz.r 2s Land Sale No.4 0 e Ginger Cafe&Grill ©2023 VALBRIDGE PROPERTY ADVISORS SAN ANTONIO PAGE 38 Va I bridge 0.182-ACRE OF LAND PROPERTY ADVISORS LAND VALUATION LAND COMPARABLE 1 Property Property Name 5718 & 5722 Wooldridge Road Address 5718 & 5722 Wooldridge Road City County State Zip Corpus Christi, Nueces County, Texas 78414 ti MSA Corpus Christi Tax ID 605323 VPA Property/Sale ID 11297655/1635116 ( Transaction Data Sale Status Closed Sale Date February 28, 2023 Grantor/Seller Robert Gonzalez ��' , Grantee/Buyer M Lots, LLC Recording Number 2023005260 '"" �•. Property Rights Fee Simple Financing Cash to Seller F Conditions of Sale Arm's Length Property Description Sales Price $485,000 Gross Land Area 0.832 Acres/36,242 SF Post-Sale Exp.Adj. $0 Usable Land Area 0.83200 Acres/36,242 SF Non-Realty Items Adj. $0 Frontage Feet 190.19 Adjusted Sales Price $485,000 Depth 195.00 AdjustedorsStreet Access Average Price per Gross Acre $582,933 Rail Access No Price per Gross SF $13.38 Water/Port Access No Price per Usable Acre $582,933 Visibility Average Price per Usable SF $13.38 Corner/Interior Interior Price per Front Foot $2,550.08 Shape Rectangular Verification Topography Level Confirmed By Wes Collier Utilities Public utilities available Confirmation Source Wayne Lundquist Flood Hazard Zone Zone X Confirmation Contact 361-510-7371 % in Flood Hazard 0.00% Zoning Code IL Light Industrial The site includes 0.832-acre of land located along the north side of Wooldridge Road in the southeastern section of Corpus Christi. The site exhibits generally level topography and features approximately 190 feet of frontage along Wooldridge Road. Public utilities are available to the property. According to FEMA flood maps, the site is located outside of the 100-year floodplain. The immediate area surrounding the site includes predominantly light industrial development intermingled with retail, office, and multi-family uses. The site is zoned LI, Light Industrial, and is well suited for development as permitted by zoning. The property was purchased by M Lots, LLC on February 2, 2023. The asking price for the subject was $498,000. The final sales price was $485,000. The transaction is recorded in Document No. 2023005260. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 39 0Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS LAND VALUATION LAND COMPARABLE 2 Property Identification Address 4302 Tiger Lane City County State Zip Corpus Christi, Nueces County, ' Texas 78411 MSA Corpus Christi ��� Tax ID 593907 VPA Property/Sale ID 11300020/1635305Transaction Data Sale Status Closed Sale Date December 1, 2022 Grantor/Seller Sun Flynn, L.P. Grantee/Buyer Red Gold Dragons, LLC Recording Number 2022054290 Property Rights Fee Simple Financing Cash to Seller Conditions of Sale Arm's Length Sales Price $432,000 Property Description Post-Sale Exp.Adj. $0 Gross Land Area 1.029 Acres/44,823 SF Non-Realty Items Adj. $0 Usable Land Area 1.02900 Acres/44,823 SF Adjusted Sales Price $432,000 Frontage Feet 200.00 AdjustedorsVisibility Average Price per Gross Acre $419,825 Corner/Interior Interior Price per Gross SF $9.64 Shape Rectangular Price per Usable Acre $419,825 Topography Level Price per Usable SF $9.64 Utilities Public utilities available Price per Front Foot $2,160.00 Flood Hazard Zone Zone A Verification % in Flood Hazard 35.00% Confirmed By Wes Collier Zoning Code CG-1 General Commercial Confirmation Source Wayne Lundquist Confirmation Contact 361-854-4448 The property includes 1.029 acres located along the north side of Tiger Lane in the southern section of Corpus Christi. The tract is in an area of mixed residential, multi-family, and governmental office use. The property is an interior tract with single-sided frontage along Tiger Lane. The site is zoned General Commercial by the City of Corpus Christi. According to FEMA flood maps, approximately 30%-40% of the property is located within the 100-yearfloodplain. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 40 Va I bridge 0.182-ACRE OF LAND PROPERTY ADVISORS LAND VALUATION LAND COMPARABLE 3 Property Identification Address 3910 Saratoga Boulevard City County State Zip Corpus Christi, Nueces County, Texas 78415 MSA Corpus Christi Tax ID 603299 VPA Property/Sale ID 11300023/1635308 �. Transaction Data Sale Status Closed Sale Date May 31, 2022 Grantor/Seller Corpus Christi Island Apartment Villas Management Group, LLC Grantee/Buyer Oloyo Investments, Ltd. Recording Number 2022027069 • ' ;, Property Rights Fee Simple Financing Cash to Seller Property Description Conditions of Sale Arm's Length Gross Land Area 0.950 Acres/41,399 SF Sales Price $745,200 Usable Land Area 0.95040 Acres/41,399 SF Post-Sale Exp.Adj. $0 Frontage Feet 150.00 Non-Realty Items Adj. $0 Visibility Average Adjusted Sales Price $745,200 Corner/Interior Interior Adjusted Sales Price Indicators Shape Rectangular Price per Gross Acre $784,091 Topography Level Price per Gross SF $18.00 Utilities Public utilities available Price per Usable Acre $784,091 Flood Hazard Zone Zone X Price per Usable SF $18.00 % in Flood Hazard 0.00% Price per Front Foot $4,968.00 Zoning Code CG-1 General Commercial Verification Confirmed By Wes Collier Confirmation Source Wayne Lundquist The property includes 0.950-acre located along the north side of Saratoga Boulevard in the southern section of Corpus Christi. The tract is in an area of primarily retail and light industrial development. The property is an interior tract with single-sided frontage along Saratoga Boulevard. The site is zoned General Commercial by the City of Corpus Christi. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 41 Va I bridge 0.182-ACRE OF LAND PROPERTY ADVISORS LAND VALUATION LAND COMPARABLE 4 Property Identification Ar ` . Property Name Staples Land Address 6702 S Staples St. � � City County State Zip Corpus Christi, Nueces County, , Texas 78414 . MSA Corpus Christi VPA Property/Sale ID 11004267/1438616 Transaction Data Sale Status Closed Sale Date August 4, 2020 Grantor/Seller Staples Timbergate Highway Property, LLC Grantee/Buyer Staples Plaza, LLC Property Rights Fee Simple Financing Cash to Seller Conditions of Sale Arm's Length Sales Price $1,566,000 Property Description Financing Adj. $0 Proposed Use Commercial Sale Conditions Adj. $0 Gross Land Area 1.997 Acres/87,000 SF Post-Sale Exp.Adj. $0 Usable Land Area 1.99724 Acres/87,000 SF Non-Realty Items Adj. $0 Frontage Feet 250.00 Adjusted Sales Price $1,566,000 No. of Lots 1 Adjusted Sales Price Indicators Street Access Good Price per Gross Acre $784,082 Rail Access No Price per Gross SF $18.00 Water/Port Access No Price per Usable Acre $784,080 Visibility Good Price per Usable SF $18.00 Corner/Interior Corner Price per Front Foot $6,264.00 Shape Rectangular Verification Topography Level Confirmed By Mitchell Kirkpatrick Utilities Water, sewer, gas, electrical Confirmation Source Wayne Lundquist Flood Hazard Zone Zone X Confirmation Contact 361-510-7371 Zoning Code CG-2 Commercial This is the sale of a 2.00 acre parcel at the southeast corner of S. Staples and Timbergate Drive. This is a signalized intersection. The site also has frontage on Timbergate Drive which is a secondary thoroughfare. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 42 Va I bridge 0.182-ACRE OF LAND LAND VALUATION Land Sales Comparison Analysis When necessary, adjustments were made for differences in various elements of comparison, including property rights conveyed, financing terms, conditions of sale, expenditures made immediately after purchase, market conditions, location, and other physical characteristics. If the element in comparison is considered superior to that of the subject, a negative adjustment was applied. Conversely, a positive adjustment was applied if inferior. A summary of the elements of comparison follows. Transaction Adjustments Transaction adjustments include: (1) real property rights conveyed, (2) financing terms, (3) conditions of sale, and (4) expenditures made immediately after purchase. These items, which are applied prior to the market conditions and property adjustments, are discussed as follows: Real Property Rights Convey Real property rights conveyed influence sales prices and must be considered when analyzing a sale comparable. The property rights appraised reflect the fee simple interest. All of the sale comparables conveyed the same interest; therefore, no adjustments were required. Financing_ Terms The transaction price of one property may differ from that of an identical property due to different financial arrangements. Sales involving financing terms that are not at or near market terms require adjustments for cash equivalency to reflect typical market terms. A cash equivalency procedure discounts the atypical mortgage terms to provide an indication of value at cash equivalent terms. All of the sale comparables involved typical market terms by which the sellers received cash or its equivalent and the buyers paid cash or tendered typical down payments and obtained conventional financing at market terms for the balance. Therefore, no adjustments for this category were required. Conditions of Sale When the conditions of sale are atypical, the result may be a price that is higher or lower than that of a normal transaction. Adjustments for conditions of sale usually reflect the motivations of either a buyer or a seller who is under duress to complete the transaction. Another more typical condition of sale involves the downward adjustment required to a comparable property's for-sale listing price, which usually reflects the upper limit of value. No adjustments for atypical conditions or for-sale listings were warranted. Expenditures Made Immediately After Purchase A knowledgeable buyer considers expenditures required upon purchase of a property, as these costs affect the price the buyer agrees to pay. Such expenditures may include: costs to demolish and remove any portion of the improvements, costs to petition for a zoning change, and/or costs to remediate environmental contamination. The relevant figure is not the actual cost incurred, but the cost anticipated by both the buyer and seller. Unless the sales involved expenditures anticipated upon the purchase date, no adjustments to the comparable sales are required for this element of comparison. The parties to these transactions did not anticipate expenditures were required immediately after purchase; therefore, no adjustments were warranted. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 43 Va I bridge 0.182-ACRE OF LAND LAND VALUATION Market Conditions Adjustment Market conditions change over time because of inflation, deflation, fluctuations in supply and demand, or other factors. Changing market conditions may create a need for adjustment to comparable sale transactions completed during periods of dissimilar market conditions. Discussions with market participants and a review of market data indicated overall market conditions for vacant land properties in the subject's market area have been improving with recent transactions confirming this trend. The comparable sales range in date of transaction from August 2020 to February 2023; thus, slight upward adjustments are warranted. Property Adjustments Property adjustments are usually expressed quantitatively as percentages or dollar amounts that reflect the differences in value attributable to the various characteristics of the property. In some instances, however, qualitative adjustments are used. These adjustments are based on locational and physical characteristics and are applied after transaction and market conditions adjustments. The reasoning for the property adjustments made to each sale comparable follows. The discussion analyzes each adjustment category deemed applicable to the subject property. Location Location adjustments may be required when the locational characteristics of a comparable are different from those of the subject. These characteristics can include general neighborhood characteristics, proximity to major thoroughfares, proximity to employments centers and amenities, neighboring properties, and accessibility. The subject site is located at the intersection of Flynn Parkway and Corona Drive. Flynn Parkway and Corona Drive are secondary traffic corridors developed with primarily secondary commercial, multi- family, and single-family residential development. Comparable Sale No. 1 is located along Wooldridge Road. Comparable Sale No. 2 is located along Tige Lane in close proximity to the subject. The locational characteristics exhibited by Comparable Sale Nos. 1 and 2 are considered similar to the subject; therefore, no adjustments are required. Comparable Sale Nos. 3 and 4 are located along Saratoga Boulevard and South Staples Street, respectively. Saratoga Boulevard and South Staples Street are primary neighborhood traffic corridors that exhibit higher traffic counts and more dense commercial development along the routes. The locational characteristics exhibited by Comparable Sale Nos. 3 and 4 are considered superior to the appraised property; thus, downward adjustments are warranted. Size The size adjustment addresses variance in the physical size of the comparables and that of the subject, as a larger parcel typically commands a lower price per unit than a smaller parcel. This inverse relationship is due, in part, to the principle of"economies of scale." Based on an analysis of similar properties within the subject's market area as well as the comparable sales utilized in the following land valuation analysis, the appraiser has considered a 1.50-acre economic unit. The comparable sales range in size from 0.832-acre to 1.997 acres. Comparable Sale Nos. 1, 2, and 3 are smaller than the appraised economic unit; thus, downward adjustments are applied. Comparable Sale No. 4 is larger than the appraised economic unit; therefore, an upward adjustment is appropriate. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 44 \% Va I bridge 0.182-ACRE OF LAND LAND VALUATION P OPLPFY LDV60R Corner Exposure Tracts with major corner exposure typically command higher prices in the marketplace, as opposed to mid-block or interior locations. For retail users, the hard corner of an intersection may be marketed to a fairly large pool of small users (e.g. service stations, fast food restaurants, etc.) for sale. The subject site has a corner location with frontage along Flynn Parkway and Corona Drive. Comparable Sale Nos. 1, 2, and 3 are interior locations with single-sided frontage considered inferior to the appraised tract; therefore, upward adjustments are applied. Comparable Sale No. 4 is a corner location with frontage along South Staples Street and Timbergate Drive. The corner exposure exhibited by Comparable Sale No. 4 is considered similar in comparison to the appraised tract; thus, no adjustment is required. Floodplain A property's location within flood zone areas is typically a negative factor due to the increased costs of raising improvements up out of the floodplain, as well as additional insurance costs associated with improvements. According to FEMA flood maps, the appraised property is located outside of the 100-year floodplain. According to FEMA flood maps, Comparable Sale Nos. 1, 3, and 4 are located outside the 100-year floodplain; thus, no adjustments are warranted. According to FEMA flood maps, Comparable Sale No. 2 exhibits approximately 30-40% exposure to the 100-year floodplain; as such, an upward adjustment is appropriate. Zonina The highest and best use of sale comparables should be very similar to that of the subject property. When comparables with the same zoning as the subject are lacking or scarce, parcels with slightly different zoning, but a highest and use similar to that of the subject may be used as comparables. These comparables may require an adjustment for differences in utility if the market supports such adjustment. The appraised tract is zoned General Commercial. Comparable Sale No. 1 is zoned Light Industrial which restricts the development to lower densities, etc. The zoning classification exhibited by Comparable Sale No. 1 is considered inferior to the appraised tract; thus, an upward adjustment is warranted. Comparable Sale Nos. 2, 3, and 4 are zoned General Commercial 1 and 2 which is considered similar to the appraised tract; as such, no adjustments are required. Summary of Adjustments A summary of the adjustments made to the sale comparables is presented in the following table: ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 45 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS LAND VALUATION LAND SALES ADJUSTMENT GRID - ECONOMIC UNIT Subject Sale#1 Sale#2 Sale#3 Sale#4 Sale ID 1635116 1635305 1635308 1438616 Date of Value&Sale February-23 February-23 December-22 May-22 August-20 Unadjusted Sales Price $485,000 $432,000 $745,200 $1,566,000 Usable Acres 1.500 0.832 1.029 0.950 1.997 Unadjusted Sales Price per Usable Sq. Ft. $13.38 $9.64 $18.00 $18.00 Transactional Adjustments Property Rights Conveyed Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Adjusted Sales Price $13.38 $9.64 $18.00 $18.00 Financing Terms Cash to Seller Cash to Seller Cash to Seller Cash to Seller Cash to Seller Adjusted Sales Price $13.38 $9.64 $18.00 $18.00 Conditions of Sale Typical Arm's Length Arm's Length Arm's Length Arm's Length Adjusted Sales Price $13.38 $9.64 $18.00 $18.00 Expenditures after Sale $0 $0 $0 $0 Adjusted Sales Price $13.38 $9.64 $18.00 $18.00 Market Conditions Adjustments Elapsed Time from Date of Value 0.05 years 0.22 years 0.73 years 2.55 years Market Trend Through February-23 0.2% 0.7% 2.2% 7.7% Analyzed Sales Price $13.40 $9.70 $18.39 $19.38 Physical Adjustments Location Flynn Parkway and 5718&5722 4302 Tiger Lane 3910 Saratoga 6702 S Staples St. Corona Drive Wooldridge Boulevard Road Corpus Christi, Corpus Christi, Corpus Christi, Corpus Christi, Corpus Christi, Texas Texas Texas Texas Texas Adjustment -20.0% -20.0% Size 1.500 acres 0.832 acres 1.029 acres 0.950 acres 1.997 acres Adjustment -9.0% -6.0% -7.0% 3.0% Shape/Depth Irregular Rectangular Rectangular Rectangular Rectangular Adjustment Corner Exposure Corner Interior Interior Interior Corner Adjustment 10.0% 10.0% 10.0% - Frontage/Access Typical Primary- 190 Primary-200 Primary- 150 Primary-250 feet feet feet feet&Secondary- 225 feet Adjustment Utilities Public utilities Public utilities Public utilities Public utilities Public utilities available available available available available Adjustment Floodplain Zone Zone Approximately Zone Zone 30-40%Zone A Adjustment 30.0% Zoning CG-2 IL CG-1 CG-1 CG-2 Adjustment 10.0% Easements/Encumbrances None adverse None adverse None adverse None adverse None adverse Adjustment - - Net Physical Adjustment 11.0% 34.0% -17.0% -17.0% Adjusted Sales Price per Usable Square Foot $14.88 $13.00 $15.27 $16.08 ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 46 Va I bridge 0.182-ACRE OF LAND _ LAND VALUATION Conclusion The land comparables were adjusted based on pertinent elements of comparison with the unadjusted and adjusted unit sales prices presented in the following table: Land Sale Statistics Metric Unadjusted Analyzed Adjusted Min. Sales Price per Usable Square Foot $9.64 $9.70 $13.00 Max. Sales Price per Usable Square Foot $18.00 $19.38 $16.08 Median Sales Price per Usable Square Foot $15.69 $15.90 $15.07 Mean Sales Price per Usable Square Foot $14.76 $15.22 $14.81 All four of the comparable sales are considered meaningful indicators of value. The adjusted prices of the sales ranged from $13.00 to $16.08 per square foot with an average or $14.81 per square foot and a median of $15.07 per square foot. Three of the comparable sales indicate a closely aligned range from $14.88 to $16.08 per square foot with an average of $15.41 per square foot. The "across the fence" valuation methodology has been utilized in the appraisal of the 0.182-acre subject. The concept of"across the fence"valuation involves first appraising a hypothetical economic land unit then applying the concluded unit value to the calculated land area of the subject (0.182 acres). The premise of this methodology is that the out-parcel (subject) should be worth at least as much as the land to which it abuts or passes. The final step in the valuation of the appraised 0.182-acre property is to apply the indicated market value on a per acre basis to the 0.182-acre subject. When the indicated market value of $15.00 per acre is applied to the 0.182-acre property, the indicated market value is $120,000. Based on this analysis, the land value indication is summarized as follows: Land Value Conclusion Reasonable Adjusted Comparable Range 0.182 acres x $14.88 psf = $117,969 0.182 acres x $16.08 psf = $127,482 Preliminary Market Value Opinion (Rounded) 0.182 acres x $15.00 psf = $120,000 ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 47 Va l bridge 0.182-ACRE OF LAND Y Lw6aPs INCOME CAPITALIZATION APPROACH Access and Shape Limitations The final step in the valuation of the appraised 0.182-acre tract is the consideration of the impact of the denial of access by the City of Corpus Christi, as well set back requirements dictated by the subject's zoning designation. The initial market value conclusion estimated herein reflects the unencumbered fee simple title interest in the 0.182-acre property, subject to typical easements and encumbrances. Fee simple ownership in the property is compared to a "bundle of sticks" (also known as bundle of rights theory) where each "stick" represents a separate right or inherent interest in ownership.These rights include the following: 1. right to sell an interest, 2. right to lease an interest, 3. right to occupy and use a property, 4. right to mortgage an interest, 5. right to give interest away, and 6. right to do nothing. The subject property is a triangular shaped tract located at the intersection of Flynn Parkway and Corona Drive in Corpus Christi, Texas. The property is currently inaccessible from any public roadway. Due to the site's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, no vehicular access points will be granted. Additionally, the subject site is located within the CG-2 (General Commercial) zoning district. The CG-2 district dictates 20-foot setback requirements from adjoining property lines. The setback requirements severely limit the development potential, or developable area of the site. The subject is commercially oriented in nature. Due to the denial of access as well as the development limitations of the site, a potential owner of the appraised property has, in essence, lost the ability to occupy and use the subject to its highest and best use, which is for commercial development. The appraiser has reviewed a published article (Right of Way Magazine, "The Valuation of Easements", Sherwood, November/December 2014) which outlines a basic analysis of typical easement encumbrances. A summary of the chart is as follows: ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 48 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS INCOME CAPITALIZATION APPROACH % ofFee Comments Potential Types of Easements 0 o Severe impact on surface use; Overhead electric,flowage easements, 90% -100% conveyance of future uses railroad right ofway, irrigation canals, exclusive access easements 0 o Major impact on surface use; Oeverhead electric, pipelines, drainage 75% -89%/o conveyance of future uses easements, railroad right of way, flowage easements Some impact on surface use; 51% -74% conveyance of ingress/egress Pipelines,scenic easements rights 50% Balanced use by both owner Water or sewer lines, cable lines, and easement holder telecommunications Location along a property line 26% -49% location across non-usable land Water or sewer line,cable lines area Subsurface air rights with 11% -25% minimal effect on use and Air rights,water or sewer lines utility; location with a setback 0% -10% Nominal effect on use and Small subsurface easement utility It is the appraiser's opinion that the restrictions associated with the denial of access and building limitations associated with zoning and setback requirements are generally consistent with the discount outlined above where there is a major to severe impact on surface use, conveyance and ingress/egress rights, and future uses. The indicated range in discounts is 75%-100%. The limitations imposed on the appraised property significantly impact the legally permissible uses of the subject property; and severely impact the highest and best use of the subject property, which is commercial in nature. Based on the above discussion and considering the discounts indicated by various easements, it is the appraiser's opinion that the appropriate discount to be applied to the appraised property resulting from the denial of access and setback requirements as dictated by zoning fall near the upper end of the range exhibited by the published article, or 95.0%. The calculations addressing the market value of the 0.182 acres of land subject to the denial of access and zoning requirements are outlined as follows: Initial market value of the 0.182-acre tract (RD): $120,000 Multiplied by Reciprocal of 95% Discount X 5% $6,000 Indicated Market Value subject: $6,000 (RD) ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 49 If� Va I bridge 0.182-ACRE OF LAND RECONCILIATION Reconciliation Summary of Value Indications Our concluded market value for the subject property is summarized in the following table. Value Conclusion Component Value Type Market Value Real Property Interest Fee Simple Effective Date of Value February 21, 2023 Value Conclusion $6,000 Given the availability and reliability of data within the Sales Comparison Approach, this approach was given sole weight in reconciling to the final value conclusions. Furthermore, properties such as the subject property are typically purchased by market participants, who primarily rely upon the methods employed by the Sales Comparison Approach. The findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions, the use of which might have affected the assignment results: Extraordinary Assumptions: • The subject property is currently inaccessible by vehicle from any public roadway. Due to the subject's proximity to the intersection of Flynn Parkway, Corona Drive and Tiger Lane, and based on conversations with city officials, no vehicular access points will be granted. This appraisal is conducted under the extraordinary assumption that the subject will be inaccessible from any public roadway in perpetuity. Hypothetical Conditions: • For the purpose of this analysis, a "hypothetical economic land unit" has been utilized in the valuation of the 0.182-acre subject property. In the valuation analysis, the hypothetical economic land unit is to be located in the immediate area of the 0.182-acre subject, is 1.500 acres in size, and exhibits generally similar physical characteristics. Exposure Time and Marketing Period Based on statistical information about days on market, escrow length, and marketing times gathered through national investor surveys, sales verification, and interviews of market participants, marketing and exposure time estimates of 12 months and 12 months, respectively, are considered reasonable and appropriate for the subject property. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE SO ` 41%) Va I bridge 0.182-ACRE OF LAND �,;'��� GENERAL ASSUMPTIONS & LIMITING CONDITIONS p o;`tP FY L_MSOR General Assumptions and Limiting Conditions This appraisal is subject to the following general assumptions and limiting conditions: 1. The legal description —if furnished to us—is assumed to be correct. 2. No responsibility is assumed for legal matters, questions of survey or title, soil or subsoil conditions, engineering, availability or capacity of utilities, or other similar technical matters. The appraisal does not constitute a survey of the property appraised. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear, under responsible ownership and competent management unless otherwise noted. 3. Unless otherwise noted, the appraisal will value the property as though free of contamination. Valbridge Property Advisors I San Antonio will conduct no hazardous materials or contamination inspection of any kind. It is recommended that the client hire an expert if the presence of hazardous materials or contamination poses any concern. 4. The stamps and/or consideration placed on deeds used to indicate sales are in correct relationship to the actual dollar amount of the transaction. 5. Unless otherwise noted, it is assumed there are no encroachments, zoning violations or restrictions existing in the subject property. 6. The appraiser is not required to give testimony or attendance in court by reason of this appraisal, unless previous arrangements have been made. 7. Unless expressly specified in the engagement letter, the fee for this appraisal does not include the attendance or giving of testimony by Appraiser at any court, regulatory or other proceedings, or any conferences or other work in preparation for such proceeding. If any partner or employee of Valbridge Property Advisors I San Antonio is asked or required to appear and/or testify at any deposition, trial, or other proceeding about the preparation, conclusions or any other aspect of this assignment, client shall compensate Appraiser for the time spent by the partner or employee in appearing and/or testifying and in preparing to testify according to the Appraiser's then current hourly rate plus reimbursement of expenses. 8. The values for land and/or improvements, as contained in this report, are constituent parts of the total value reported and neither is (or are) to be used in making a summation appraisal of a combination of values created by another appraiser. Either is invalidated if so used. 9. The dates of value to which the opinions expressed in this report apply are set forth in this report. We assume no responsibility for economic or physical factors occurring at some point at a later date, which may affect the opinions stated herein. The forecasts, projections, or operating estimates contained herein are based on current market conditions and anticipated short-term supply and demand factors and are subject to change with future conditions. Appraiser is not responsible for determining whether the date of value requested by Client is appropriate for Client's intended use. 10. The sketches, maps, plats and exhibits in this report are included to assist the reader in visualizing the property. The appraiser has made no survey of the property and assumed no responsibility in connection with such matters. 11. The information, estimates and opinions, which were obtained from sources outside of this office, are considered reliable. However, no liability for them can be assumed by the appraiser. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 51 I� Valbridge 0.182-ACRE OF LAND GENERAL ASSUMPTIONS & LIMITING CONDITIONS 12. Possession of this report, or a copy thereof, does not carry with it the right of publication. Neither all, nor any part of the content of the report, or copy thereof(including conclusions as to property value, the identity of the appraisers, professional designations, reference to any professional appraisal organization or the firm with which the appraisers are connected), shall be disseminated to the public through advertising, public relations, news, sales, or other media without prior written consent and approval. 13. No claim is intended to be expressed for matters of expertise that would require specialized investigation or knowledge beyond that ordinarily employed by real estate appraisers. We claim no expertise in areas such as, but not limited to, legal, survey, structural, environmental, pest control, mechanical, etc. 14. This appraisal was prepared for the sole and exclusive use of the client for the function outlined herein. Any party who is not the client or intended user identified in the appraisal or engagement letter is not entitled to rely upon the contents of the appraisal without express written consent of Valbridge Property Advisors I San Antonio and Client. The Client shall not include partners, affiliates, or relatives of the party addressed herein. The appraiser assumes no obligation, liability or accountability to any third party. 15. Distribution of this report is at the sole discretion of the client, but third-parties not listed as an intended user on the face of the appraisal or the engagement letter may not rely upon the contents of the appraisal. In no event shall client give a third-party a partial copy of the appraisal report. We will make no distribution of the report without the specific direction of the client. 16. This appraisal shall be used only for the function outlined herein, unless expressly authorized by Valbridge Property Advisors I San Antonio. 17. This appraisal shall be considered in its entirety. No part thereof shall be used separately or out of context. 18. Unless otherwise noted in the body of this report, this appraisal assumes that the subject property does not fall within the areas where mandatory flood insurance is effective. Unless otherwise noted, we have not completed nor have we contracted to have completed an investigation to identify and/or quantify the presence of non-tidal wetland conditions on the subject property. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 19. The flood maps are not site specific. We are not qualified to confirm the location of the subject property in relation to flood hazard areas based on the FEMA Flood Insurance Rate Maps or other surveying techniques. It is recommended that the client obtain a confirmation of the subject property's flood zone classification from a licensed surveyor. 20. If the appraisal is for mortgage loan purposes 1) we assume satisfactory completion of improvements if construction is not complete, 2) no consideration has been given for rent loss during rent-up unless noted in the body of this report, and 3) occupancy at levels consistent with our"Income and Expense Projection" are anticipated. 21. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for such conditions or for engineering which may be required to discover them. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 52 If� Va I bridge 0.182-ACRE OF LAND GENERAL ASSUMPTIONS & LIMITING CONDITIONS 22. Our inspection included an observation of the land and improvements thereon only. It was not possible to observe conditions beneath the soil or hidden structural components within the improvements. We inspected the buildings involved, and reported damage (if any) by termites, dry rot, wet rot, or other infestations as a matter of information, and no guarantee of the amount or degree of damage (if any) is implied. Condition of heating, cooling, ventilation, electrical and plumbing equipment is considered to be commensurate with the condition of the balance of the improvements unless otherwise stated. Should the client have concerns in these areas, it is the client's responsibility to order the appropriate inspections. The appraiser does not have the skill or expertise to make such inspections and assumes no responsibility for these items. 23. This appraisal does not guarantee compliance with building code and life safety code requirements of the local jurisdiction. It is assumed that all required licenses, consents, certificates of occupancy or other legislative or administrative authority from any local, state or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value conclusion contained in this report is based unless specifically stated to the contrary. 24. When possible, we have relied upon building measurements provided by the client, owner, or associated agents of these parties. In the absence of a detailed rent roll, reliable public records, or "as-built" plans provided to us, we have relied upon our own measurements of the subject improvements. We follow typical appraisal industry methods; however, we recognize that some factors may limit our ability to obtain accurate measurements including, but not limited to, property access on the day of inspection, basements, fenced/gated areas, grade elevations, greenery/shrubbery, uneven surfaces, multiple story structures, obtuse or acute wall angles, immobile obstructions, etc. Professional building area measurements of the quality, level of detail, or accuracy of professional measurement services are beyond the scope of this appraisal assignment. 25. We have attempted to reconcile sources of data discovered or provided during the appraisal process, including assessment department data. Ultimately, the measurements that are deemed by us to be the most accurate and/or reliable are used within this report. While the measurements and any accompanying sketches are considered to be reasonably accurate and reliable, we cannot guarantee their accuracy. Should the client desire more precise measurement, they are urged to retain the measurement services of a qualified professional (space planner, architect or building engineer) as an alternative source. If this alternative measurement source reflects or reveals substantial differences with the measurements used within the report, upon request of the client, the appraiser will submit a revised report for an additional fee. 26. In the absence of being provided with a detailed land survey, we have used assessment department data to ascertain the physical dimensions and acreage of the property. Should a survey prove this information to be inaccurate, upon request of the client, the appraiser will submit a revised report for an additional fee. 27. If only preliminary plans and specifications were available for use in the preparation of this appraisal, and a review of the final plans and specifications reveals substantial differences upon request of the client the appraiser will submit a revised report for an additional fee. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 53 If� Va I bridge 0.182-ACRE OF LAND GENERAL ASSUMPTIONS & LIMITING CONDITIONS 28. Unless otherwise stated in this report, the value conclusion is predicated on the assumption that the property is free of contamination, environmental impairment or hazardous materials. Unless otherwise stated, the existence of hazardous material was not observed by the appraiser and the appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required for discovery. The client is urged to retain an expert in this field, if desired. 29. The Americans with Disabilities Act ("ADA") became effective January 26, 1992.We have not made a specific compliance survey of the property to determine if it is in conformity with the various requirements of the ADA. It is possible that a compliance survey of the property, together with an analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this could have a negative effect on the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in developing an opinion of value. 30. This appraisal applies to the land and building improvements only. The value of trade fixtures, furnishings, and other equipment, or subsurface rights (minerals, gas, and oil) were not considered in this appraisal unless specifically stated to the contrary. 31. No changes in any federal, state or local laws, regulations or codes (including, without limitation, the Internal Revenue Code) are anticipated, unless specifically stated to the contrary. 32. Any income and expense estimates contained in the appraisal report are used only for the purpose of estimating value and do not constitute prediction of future operating results. Furthermore, it is inevitable that some assumptions will not materialize and that unanticipated events may occur that will likely affect actual performance. 33. Any estimate of insurable value, if included within the scope of work and presented herein, is based upon figures developed consistent with industry practices. However, actual local and regional construction costs may vary significantly from our estimate and individual insurance policies and underwriters have varied specifications, exclusions, and non-insurable items. As such, we strongly recommend that the Client obtain estimates from professionals experienced in establishing insurance coverage. This analysis should not be relied upon to determine insurance coverage and we make no warranties regarding the accuracy of this estimate. 34. The data gathered in the course of this assignment (except data furnished by the Client) shall remain the property of the Appraiser. The appraiser will not violate the confidential nature of the appraiser-client relationship by improperly disclosing any confidential information furnished to the appraiser. Notwithstanding the foregoing, the Appraiser is authorized by the client to disclose all or any portion of the appraisal and related appraisal data to appropriate representatives of the Appraisal Institute if such disclosure is required to enable the appraiser to comply with the Bylaws and Regulations of such Institute now or hereafter in effect. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 54 If� Valbridge 0.182-ACRE OF LAND GENERAL ASSUMPTIONS & LIMITING CONDITIONS 35. You and Valbridge Property Advisors I San Antonio both agree that any dispute over matters in excess of $5,000 will be submitted for resolution by arbitration. This includes fee disputes and any claim of malpractice. The arbitrator shall be mutually selected. If Valbridge Property Advisors I San Antonio and the client cannot agree on the arbitrator, the presiding head of the Local County Mediation & Arbitration panel shall select the arbitrator. Such arbitration shall be binding and final. In agreeing to arbitration, we both acknowledge that, by agreeing to binding arbitration, each of us is giving up the right to have the dispute decided in a court of law before a judge or jury. In the event that the client, or any other party, makes a claim against Valbridge Property Advisors I San Antonio or any of its employees in connections with or in any way relating to this assignment, the maximum damages recoverable by such claimant shall be the amount actually received by Valbridge Property Advisors I San Antonio for this assignment, and under no circumstances shall any claim for consequential damages be made. 36. Valbridge Property Advisors I San Antonio shall have no obligation, liability, or accountability to any third party. Any party who is not the "client" or intended user identified on the face of the appraisal or in the engagement letter is not entitled to rely upon the contents of the appraisal without the express written consent of Valbridge Property Advisors I San Antonio. "Client" shall not include partners, affiliates, or relatives of the party named in the engagement letter. Client shall hold Valbridge Property Advisors I San Antonio and its employees harmless in the event of any lawsuit brought by any third party, lender, partner, or part-owner in any form of ownership or any other party as a result of this assignment. The client also agrees that in case of lawsuit arising from or in any way involving these appraisal services, client will hold Valbridge Property Advisors San Antonio harmless from and against any liability, loss, cost, or expense incurred or suffered by Valbridge Property Advisors I San Antonio in such action, regardless of its outcome. 37. The Valbridge Property Advisors office responsible for the preparation of this report is independently owned and operated by Valbridge Property Advisors I San Antonio. Neither Valbridge Property Advisors, Inc., nor any of its affiliates has been engaged to provide this report. Valbridge Property Advisors, Inc. does not provide valuation services, and has taken no part in the preparation of this report. 38. If any claim is filed against any of Valbridge Property Advisors, Inc., a Florida Corporation, its affiliates, officers or employees, or the firm providing this report, in connection with, or in any way arising out of, or relating to, this report, or the engagement of the firm providing this report, then (1) under no circumstances shall such claimant be entitled to consequential, special or other damages, except only for direct compensatory damages, and (2) the maximum amount of such compensatory damages recoverable by such claimant shall be the amount actually received by the firm engaged to provide this report. 39. This report and any associated work files may be subject to evaluation by Valbridge Property Advisors, Inc., or its affiliates, for quality control purposes. 40. Acceptance and/or use of this appraisal report constitutes acceptance of the foregoing general assumptions and limiting conditions. 41. The global outbreak of a "novel coronavirus" (known as COVID-19) was officially declared a pandemic by the World Health Organization (WHO). It is currently unknown what direct, or indirect, effect, if any, this event may have on the national economy, the local economy or the market in which the subject property is located. The reader is cautioned, and reminded that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of this event, or any event, subsequent to the effective date of the appraisal. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE SS Valbridge 0.182-ACRE OF LAND CERTIFICATION Certification - Brett E. Weatherbie, MAI, AI-GRS I certify that, to the best of my knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. 1 have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. The undersigned Brett E. Weatherbie has not performed any services regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. 1 have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. Brett E. Weatherbie, MAI, AI-GRS. made a personal inspection of the property that is the subject of this report. 10. Wesley T. Collier provided significant real property appraisal assistance to the person signing this certification, unless otherwise noted. 11. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report, 1, Brett E. Weatherbie, MAI, AI-GRS, had completed the continuing education program for Designated Members of the Appraisal Institute. 4� Brett E. Weatherbie, MAI, AI-GRS Senior Managing Director State Certified General Real Estate Appraiser TX-1337354-G ©2023 VALBRIDGL PROPERTY ADVISORS I SAN ANTONIO PAGE 56 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ADDENDA Addenda Glossary Qualifications • Brett E. Weatherbie, MAI,AI-GRS - Senior Managing Director • Wesley T. Collier—Appraiser Analyst Information on Valbridge Property Advisors Office Locations ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 57 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ADDENDA Glossary Definitions are taken from The Dictionary of Real Estate Appraisal, 7t" Edition (Dictionary), the Uniform Standards of Professional Appraisal Practice(USPAP),and Building Owners and Managers Association International (BOMA). Absolute Net Lease Building Rentable Area A lease in which the tenant pays all expenses including The sum of all floor rentable areas. Floor rentable area is structural maintenance, building reserves, and the result of subtracting from the gross measured area management; often a long-term lease to a credit tenant. of a floor the major vertical penetrations on that same (Dictionary) floor. It is generally fixed for the life of the building and is rarely affected by changes in corridor size or Amortization configuration. (BOMA) The process of retiring a debt or recovering a capital investment, typically through scheduled, systematic Bulk Value repayment of the principal; a program of periodic The value of multiple units, subdivided plots, or contributions to a sinking fund or debt retirement fund. properties in a portfolio as though sold together in a (Dictionary) single transaction. (Dictionary) As Is Market Value Certificate of Occupancy (COO) The estimate of the market value of real property in its A formal written acknowledgment by an appropriate current physical condition, use, and zoning as of the unit of local government that a new construction or appraisal date. (Interagency Appraisal and Evaluation renovation project is at the stage where it meets Guidelines) Note that the use of the "as is" phrase is applicable health and safety codes and is ready for specific to appraisal regulations pursuant to FIRREA commercial or residential occupancy.(Dictionary) applying to appraisals prepared for regulated lenders in the United States. The concept of an "as is"value is not Common Area Maintenance (CAM) included in the Standards of Valuation Practice of the The expense of operating and maintaining common Appraisal Institute, Uniform Standards of Professional areas; may or may not include management charges and Appraisal Practice, or International Valuation Standards. usually does not include capital expenditures on tenant (Dictionary) improvements or other improvements to the property. (Dictionary) Base Rent The minimum rent stipulated in a lease. (Dictionary) The amount of money charged to tenants for their shares of maintaining a [shopping] center's common Base Year area. The charge that a tenant pays for shared services The year on which escalation clauses in a lease are and facilities such as electricity, security, and based. (Dictionary) maintenance of parking lots. Items charged to common Building Common Area area maintenance may include cleaning services, parking In office buildings, the areas of the building that provide lot sweeping and maintenance, snow removal, security, services to building tenants but that are not included in [amenities,] and upkeep. (ICSC— International Council of the office area or store area of any specific tenant.These Shopping Centers,4t"Ed.) areas may include, but shall not be limited to, main and Condominium auxiliary lobbies, atrium spaces at the level of the An attached, detached, or stacked unit within or finished floor, concierge areas or security desks, attached to a structure with common areas that are held conference rooms, lounges or vending areas, food as tenants in common (an undivided interest) with other service facilities, health or fitness centers, daycare owners in the project. The units can be residential, facilities, locker or shower facilities, mail rooms, fire commercial, industrial, or parking spaces or boat docks. control rooms, fully enclosed courtyards outside the These units are commonly defined by state laws in their exterior walls, and building core and service areas such locations. Because units can be stacked on top of other as fully enclosed mechanical or equipment rooms. units, these units can be defined both vertically and Specifically excluded from building common area are horizontally.(Dictionary) floor common areas, parking space, portions of loading docks outside the building line, and major vertical Conservation Easement penetrations.(BOMA) An interest in real estate restricting future land use to preservation, conservation, wildlife habitat, or some combination of those uses. A conservation easement ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE S8 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ADDENDA may permit farming, timber harvesting, or other uses of 7. An adequate marketing effort will be made during a rural nature as well as some types of conservation- the exposure time; oriented development to continue, subject to the 8 payment will be made in cash in U.S. dollars (or the easement. (Dictionary) local currency) or in terms of financial arrangements Contributory Value comparable thereto; and A type of value that reflects the amount a property or 9. The price represents the normal consideration for component of a property contributes to the value of the property sold, unaffected by special or creative another asset or to the property as a whole. financing or sales concessions granted by anyone associated with the sale. The change in the value of a property as a whole, whether positive or negative, resulting from the addition This definition can also be modified to provide for valuation with specified financing terms. (Dictionary) or deletion of a property component. Also called deprival value in some countries. (Dictionary) Double Net (Net Net) Lease Debt Coverage Ratio (DCR) An alternative term for a type of net lease. In some The ratio of net operating income to annual debt service markets, a net net lease is defined as a lease in which (DCR = NOI-1m), which measures the relative ability of a the tenant is responsible to pay both property taxes and property to meet its debt service out of net operating premiums for insuring the building(s).(Valbridge) income; also called debt service coverage ratio (DSCR). A larger DCR typically indicates a greater ability fora (The market definition of a double net lease varies property to withstand a reduction of income, providing depending on the market) an improved safety margin for a lender.(Dictionary) Easement Deed Restriction The right to use another's land for a stated purpose. A provision written into a deed that limits the use of (Dictionary) land. Deed restrictions usually remain in effect when title EIFS passes to subsequent owners. (Dictionary) Exterior Insulation Finishing System. This is a type of Depreciation exterior wall cladding system. Sometimes referred to as In appraisal, a loss in property value from any cause; the dry-vit. difference between the cost of an improvement on the Effective Date effective date of the appraisal and the value of the 1. The date on which the appraisal opinion applies. improvement on the same date. (SVP) 2. The date to which an appraiser's analyses, opinions, In accounting, an allocation of the original cost of an and conclusions apply; also referred to as date of asset, amortizing the cost over the asset's life; calculated value.(USPAP, 2020-2021 ed.) using a variety of standard techniques. (Dictionary) 3. The date that a lease goes into effect. (Dictionary) Disposition Value Effective Gross Income (EGI) The most probable price that a specified interest in The anticipated income from all operations of the real property should bring under the following conditions: estate after an allowance is made for vacancy and 1. Consummation of a sale within a specified time, collection losses and an addition is made for any other which is shorter than the typical exposure time for income. (Dictionary) such a property in that market. Effective Rent 2. The property is subjected to market conditions Total base rent, or minimum rent stipulated in a lease, prevailing as of the date of valuation; over the specified lease term minus rent concessions; 3. Both the buyer and seller are acting prudently and the rent that is effectively paid by a tenant net of knowledgeably; financial concessions provided by a landlord. (Tls). 4. The seller is under compulsion to sell; (Dictionary) 5. The buyer is typically motivated; EPDM Ethylene Propylene Diene Monomer Rubber. A type of 6. Both parties are acting in what they consider to be synthetic rubber typically used for roof coverings. their best interests; ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE S9 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ADDENDA Escalation Clause Fee Simple Estate A clause in an agreement that provides for the Absolute ownership unencumbered by any other adjustment of a price or rent based on some event or interest or estate, subject only to the limitations index. e.g., a provision to increase rent if operating imposed by the governmental powers of taxation, expenses increase; also called escalator clause, expense eminent domain, police power, and escheat. (Dictionary) recovery clause or stop clause.(Dictionary) Floor Common Area Estoppel Certificate In an office building, the areas on a floor such as A signed statement by a party (such as a tenant or a washrooms, janitorial closets, electrical rooms, mortgagee) certifying, for another's benefit, that certain telephone rooms, mechanical rooms, elevator lobbies, facts are correct, such as that a lease exists, that there and public corridors which are available primarily for the are no defaults, and that rent is paid to a certain date. use of tenants on that floor. In essence, floor common (Black's) In real estate, a buyer of rental property area represents all of the area on the floor that is typically requests estoppel certificates from existing common to that respective floor with the exception of tenants. Sometimes referred to as an estoppel letter. those areas that penetrate through the floor, such as the (Dictionary) elevator shaft and stairwell. The significant point to be made is that floor common area is not part of the Excess Land tenant's usable area. (BOMA) Land that is not needed to serve or support the existing use.The highest and best use of the excess land may or Full Service (Gross) Lease may not be the same as the highest and best use of the A lease in which the landlord receives stipulated rent improved parcel. Excess land has the potential to be and is obligated to pay all of the property's operating sold separately and is valued separately. (Dictionary) and fixed expenses; also called a full service lease. Excess Rent (Dictionary) The amount by which contract rent exceeds market rent Furniture, Fixtures, and Equipment (FF&E) at the time of the appraisal; created by a lease favorable Business trade fixtures and personal property, exclusive to the landlord (lessor) and may reflect unusual of inventory. (Dictionary) management, unknowledgeable or unusually motivated parties, a lease execution in an earlier, stronger rental Going-Concern Value market,or an agreement of the parties. (Dictionary) An outdated label for the market value of all the tangible and intangible assets of an established and Expense Stop operating business with an indefinite life, as if sold in A clause in a lease that limits the landlord's expense aggregate; more accurately termed the market value of obligation, which results in the lessee paying operating the going concern or market value of the total assets of expenses above a stated level or amount.(Dictionary) the business. (Dictionary) Exposure Time Gross Building Area (GBA) 1. The time a property remains on the market. 1. Total floor area of a building, excluding unenclosed 2. An opinion, based on supporting market data, of areas, measured from the exterior of the walls of the length of time that the property interest being the above-grade area.This includes mezzanines and appraised would have been offered on the market basements if and when typically included in the prior to the hypothetical consummation of a sale at market area of the type of property involved. market value on the effective date of the appraisal. 2. Gross leasable area plus all common areas. (USPAP,2020-2021 ed.) 3. For residential space,the total area of all floor levels measured from the exterior of the walls and Extraordinary Assumption including the superstructure and substructure An assignment-specific assumption as of the effective basement; typically does not include garage space. date regarding uncertain information used in an analysis (Dictionary) which, if found to be false, could alter the appraiser's opinions or conclusions. Gross Measured Area The total area of a building enclosed by the dominant Comment: Uncertain information might include portion (the portion of the inside finished surface of the physical, legal, or economic characteristics of the subject permanent outer building wall which is 50 percent or property; or conditions external to the property, such as more of the vertical floor-to-ceiling dimension, at the market conditions or trends; or the integrity of data given point being measured as one moves horizontally used in an analysis. (USPAP) along the wall), excluding parking areas and loading ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 60 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ADDENDA docks (or portions of same) outside the building line. It when formulating the price that it would be willing is generally not used for leasing purposes and is to bid.(IVS) calculated on a floor by floor basis. (BOMA) 3. [The] highest and most profitable use for which the Gross Up Method property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform A method of calculating variable operating expenses in Appraisal Standards for Federal Land Acquisitions) income-producing properties when less than 100% (Dictionary) occupancy is assumed. Expenses reimbursed based on the amount of occupied space, rather than on the total Hypothetical Condition building area,are described as "grossed up."(Dictionary) 1. A condition that is presumed to be true when it is Gross Sellout Value (Sum of the Retail Values) known to be false. (SVP) 2. A condition, directly related to a specific The sum of the separate and distinct market value assignment, which is contrary to what is known by opinions for each of the units in a condominium, the appraiser to exist on the effective date of the subdivision development, or portfolio of properties, as assignment results, but is used for the purpose of of the date of valuation. The aggregate of retail values analysis. does not represent the value of all the units as though sold together in a single transaction;it is simply the total Comment: Hypothetical conditions are contrary to of the individual market value conclusions. An appraisal known facts about physical, legal, or economic has an effective date, but summing the sale prices of characteristics of the subject property; or about multiple units over an extended period of time will not conditions external to the property, such as market be the value on that one day unless the prices are conditions or trends; or about the integrity of data used discounted to make the value equivalent to what in an analysis. (USPAP) another developer or investor would pay for the bulk purchase of the units. Also called the aggregate of the Insurable Value (Replacement Cost for Insurance retail values, aggregate retail selling price or sum of the Purposes) retail values. (Dictionary) The estimated cost, at current prices as of the effective Ground Lease date of valuation, of a substitute for the building being A lease that grants the right to use and occupy land. valued, using modern materials and current standards, Improvements made by the ground lessee typically design, and layout for insurance coverage purposes revert to the ground lessor at the end of the lease term. guaranteeing that damaged property is replaced with (Dictionary) new property (i.e., depreciation is not deducted). (Dictionary) Ground Rent Investment Value The rent paid for the right to use and occupy land according to the terms of a ground lease; the portion of 1. The value of a property to a particular investor or the total rent allocated to the underlying land. class of investors based on the investor's specific requirements. Investment value may be different (Dictionary) from market value because it depends on a set of HVAC investment criteria that are not necessarily typical of Heating, ventilation, air conditioning (HVAC) system. A the market.(Dictionary) unit that regulates the temperature and distribution of 2. The value of an asset to the owner or a prospective heat and fresh air throughout a building. (Dictionary) owner given individual investment or operational Highest and Best Use objectives(may also be known as worth).(IVS) 1. The reasonably probable use of property that Just Compensation results in the highest value.The four criteria that the In condemnation, the amount of loss for which a highest and best use must meet are legal property owner is compensated when his or her permissibility, physical possibility, financial property is taken. Just compensation should put the feasibility,and maximum productivity. owner in as good a position pecuniarily as he or she 2. The use of an asset that maximizes its potential and would have been if the property had not been taken. that is possible, legally permissible, and financially (Dictionary) feasible. The highest and best use may be for Leased Fee Interest continuation of an asset's existing use of for some The ownership interest held by the lessor, which alternative use. This is determined by the use that a includes the right to receive the contract rent specified market participant would have in mind for the asset ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 61 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ADDENDA in the lease plus the reversionary right when the lease telephone distribution, and openings for plumbing lines expires.(Dictionary) are not considered to be major vertical penetrations. Leasehold Interest (Leasehold Estate) (BOMA) The right held by the lessee to use and occupy real Market Rent estate for a stated term and under the conditions The most probable rent that a property should bring in a specified in the lease.(Dictionary) competitive and open market under all the conditions requisite to a fair lease transaction, the lessee and the See also Positive Leasehold and Negative Leasehold. lessor each acting prudently and knowledgeably, and assuming the rent is not affected by undue stimulus. Lessee (Tenant) Implicit in this definition is the execution of a lease as of One who has the right to occupancy and use of the a specified date under conditions whereby: property of another for a period of time according to a 1. Lessee and lessor are typically motivated; lease agreement. (Dictionary) 2. Both parties are well informed or well advised, and Lessor (Landlord) acting in what they consider their best interests; One who conveys the rights of occupancy and use to 3. Payment is made in terms of cash or in terms of others under a lease agreement.(Dictionary) financial arrangements comparable thereto; and 4. The rent reflects specified terms and conditions, Liquidation Value such as permitted uses, use restrictions, expense The most probable price that a specified interest in obligations, duration, concessions, rental property should bring under the following conditions: adjustments and revaluations, renewal and 1. Consummation of a sale within a short time period. purchase options, and tenant improvements (Tls). 2. The property is subjected to market conditions (Appraisal Institute) prevailing as of the date of valuation. Market Value 3. Both the buyer and seller are acting prudently and The following definition of market value is used by knowledgeably. agencies that regulate federally insured financial institutions in the United States: The most probable 4. The seller is under extreme compulsion to sell. price that a property should bring in a competitive and 5. The buyer is typically motivated. open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and 6. Both parties are acting in what they consider to be knowledgeably, and assuming the price is not affected their best interests. by undue stimulus. Implicit in this definition is the 7. A normal marketing effort is not possible due to the consummation of a sale as of a specified date and the brief exposure time. passing of title from seller to buyer under conditions 8. Payment will be made in cash in U.S. dollars (or the whereby: local currency) or in terms of financial arrangements 1. Buyer and seller are typically motivated; comparable thereto. 2. Both parties are well informed or well advised, and 9. The price represents the normal consideration for acting in what they consider their own best the property sold, unaffected by special or creative interests; financing or sales concessions granted by anyone 3. A reasonable time is allowed for exposure in the associated with the sale. (Dictionary) open market; Loan to Value Ratio (LTV) 4. Payment is made in terms of cash in United States The ratio between a mortgage loan and the value of the dollars or in terms of financial arrangements property pledged as security, usually expressed as a comparable thereto; and percentage.(Dictionary) 5. The price represents the normal consideration for Major Vertical Penetrations the property sold unaffected by special or creative Stairs, elevator shafts, flues, pipe shafts, vertical ducts, financing or sales concessions granted by anyone and the like, and their enclosing walls. Atria, lightwells associated with the sale. (Dictionary; 12 C.F.R. Part and similar penetrations above the finished floor are 34.42(g); 55 Federal Register 34696, August 24, included in this definition. Not included, however, are 1990, as amended at 57 Federal Register 12202, vertical penetrations built for the private use of a tenant April 9, 1992; 59 Federal Register 29499, June 7, occupying office areas on more than one floor. 1994) Structural columns,openings for vertical electric cable or ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 62 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ADDENDA Marketing Time Percentage Lease An opinion of the amount of time it might take to sell a A lease in which the rent or some portion of the rent real or personal property interest at the concluded represents a specified percentage of the volume of market value level during the period immediately after business, productivity, or use achieved by the tenant. the effective date of an appraisal. Marketing time differs (Dictionary) from exposure time, which is always presumed to precede the effective date of an appraisal. (Advisory Positive Leasehold Opinion 7 of the Appraisal Standards Board of the A lease situation in which the market rent is greater than Appraisal Foundation) the contract rent. (Dictionary) Master Lease Potential Gross Income (PGI) 1. A lease in which a part or the entire property is The total income attributable to property at full leased to a single entity(the master lessee) in return occupancy before vacancy and operating expenses are for a stipulated rent. The master lessee then deducted.(Dictionary) subleases the property to multiple tenants. Prospective Opinion of Value 2. The first lease in a sandwich lease. (Dictionary) A value opinion effective as of a specified future date. Modified Gross Lease The term does not define a type of value. Instead, it A lease in which the landlord receives stipulated rent identifies a value opinion as being effective at some and is obligated to pay some, but not all, of the specific future date. An opinion of value as of a property's operating and fixed expenses. Since prospective date is frequently sought in connection with assignment of expenses varies among modified gross projects that are proposed, under construction, or under leases, expense responsibility must always be specified. conversion to a new use, or those that have not yet In some markets, a modified gross lease may be called a achieved sellout or a stabilized level of long-term double net lease, net net lease,partial net lease, or semi- occupancy. (Dictionary) gross lease.(Dictionary) Replacement Cost Negative Leasehold The estimated cost to construct, at current prices as of a A lease situation in which the market rent is less than specific date, a substitute for a building or other the contract rent. (Dictionary) improvements, using modern materials and current standards,design,and layout. (Dictionary) Operating Expense Ratio The ratio of total operating expenses to effective gross Reproduction Cost income (TOE/EGA; the complement of the net income The estimated cost to construct, at current prices as of ratio,i.e., OER — 1—NIR(Dictionary) the effective date of the appraisal, an exact duplicate or replica of the building being appraised, using the same Option materials, construction standards, design, layout, and A legal contract, typically purchased for a stated quality of workmanship and embodying all of the consideration, that permits but does not require the deficiencies, superadequacies, and obsolescence of the holder of the option (known as the optionee)to buy, sell, subject building.(Dictionary) or lease real estate for a stipulated period of time in accordance with specified terms; a unilateral right to Retrospective Value Opinion exercise a privilege. (Dictionary) A value opinion effective as of a specified historical date. The term retrospective does not define a type of value. Partial Interest Instead, it identifies a value opinion as being effective at Divided or undivided rights in real estate that represent some specific prior date. Value as of a historical date is less than the whole, i.e., a fractional interest such as a frequently sought in connection with property tax tenancy in common or easement. (Dictionary) appeals, damage models, lease renegotiation, deficiency judgments, estate tax, and condemnation. Inclusion of Pass Through the type of value with this term is appropriate, e.g., A tenant's portion of operating expenses that may be "retrospective market value opinion."(Dictionary) composed of common area maintenance (CAM), real property taxes, property insurance, and any other Sandwich Leasehold Estate expenses determined in the lease agreement to be paid The interest held by the sandwich leaseholder when the by the tenant. (Dictionary) property is subleased to another party; a type of leasehold estate.(Dictionary) ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 63 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ADDENDA Sublease building reserves, and management; also called NNN An agreement in which the lessee in a prior lease lease,net net net lease, or fully net lease.(Dictionary) conveys the right of use and occupancy of a property to another, the sublessee, for a specific period of time, (The market definition of a triple net lease varies; in which may or may not be coterminous with the some cases tenants pay for items such as roof repairs, underlying lease term.(Dictionary) parking lot repairs,and other similar items.) Subordination Usable Area A contractual arrangement in which a party with a claim The measured area of an office area, store area, or to certain assets agrees to make that claim junior, or building common area on a floor. The total of all the subordinate,to the claims of another party.(Dictionary) usable areas for a floor shall equal floor usable area of that same floor. (BOMA) Surplus Land Land that is not currently needed to support the existing Value-in-Use use but cannot be separated from the property and sold 1. The amount determined by discounting the future off for another use. Surplus land does not have an cash flows (including the ultimate proceeds of independent highest and best use and may or may not disposal) expected to be derived from the use of an contribute value to the improved parcel. (Dictionary) asset at an appropriate rate that allows for the risk of the activities concerned. (FASB Accounting TPO Standards Codification, Master Glossary) Thermoplastic polyolefin, a resilient synthetic roof 2. Formerly used in valuation practice as a synonym covering. for contributory value or use value.(Dictionary) Triple Net (Net Net Net) Lease VTAB (Value of the Total Assets of a Business) An alternative term for a type of net lease. In some The total amount that the real property, tangible markets, a net net net lease is defined as a lease in personal property, and intangible property assets of a which the tenant assumes all expenses (fixed and business would sell for in an asset-based transaction. variable) of operating a property except that the (Dictionary) landlord is responsible for structural maintenance, ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 64 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ADDENDA Qualifications ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 65 Va I bridge 0.182-ACRE OF LAND ADDENDA Qualifications of Brett E. Weatherbie, MAI, AI-GRS Senior Managing Director t Valbridge Property Advisors I San Antonio I Austin bweatherbie@valbridge.com Education • Bachelor of Arts Degree, Psychology, Auburn University, June 1996 • School of Business, University of Texas at Austin, 1991-1994 Designations/Certifications • Designated Member of the Appraisal Institute, MAI, August 2012) • Designated Member of the Appraisal Institute, AI-GRS, March 2022 • State Certified General Real Estate Appraiser, State of Texas; Certification No.TX-1 337354-G Specialized Education Received credit for and successfully completed the following Appraisal/Real Estate Courses: Appraisal Institute • Uniform Standards of Professional Appraisal Practice - USPAP • Business Practices and Ethics • Basic Appraisal Principles (I 10) • Basic Appraisal Procedures (120) • General Market Analysis and Highest and Best Use (400G) • Basic Income Capitalization (310) • General Applications (320) • Appraisal Curriculum Overview—General • Advanced Income Capitalization (520) • Advanced Sales Comparison &Cost Approaches (530) • Report Writing &Valuation Analysis (540) • Advanced Applications (550) • Fundamentals of Separating Real Property, Personal Property, & Intangible Business Assets (833) • Fundamentals of the Uniform Appraisal Standards for Federal Land Acquisitions • Review Theory - General American Society of Farm Managers and Rural Appraisers • Requirements of UASFLA - the "Yellow Book" Texas A&M University—Commerce • Basic Real Estate Appraisal (Appraisal VII 271) • Uniform Residential Appraisal Report (Appraisal X 2101) • Farm and Ranch Marketing (CERM 05) • Principles of Real Estate 1 (0111) • Principles of Real Estate 11 (0112) • Texas Law of Agency(1111) Board of Tax Professional Examiners • Texas Property Tax System (Course 1) ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 66 Valbridge 0.182-ACRE OF LAND ADDENDA McKissock, LP • Supervisor-Trainee Course for Texas Experience Presently and since August 2004, Brett E. Weatherbie has been employed by Valbridge Property Advisors I San Antonio I Austin. He is a Partner/Shareholder and serves as a Senior Managing Director in the firms. Real Estate Specializations Experience includes appraisal and consulting assignments related to commercial, retail, office, medical office, hotel/lodging, industrial, manufacturing, multi-family, residential subdivisions, residential single-family, commercial land, farm and ranch, coastal/gulf coast properties, USFLA ("Yellow Book") compliant appraisals, conservation easements, undivided interest valuations, litigation support, equal & uniform analysis and special purpose/use properties including, automobile & rail-car manufacturing facilities, steel mills, fuel terminals & petroleum storage facilities, student housing, religious facilities, as well as a wide variety of income producing properties. He has qualified as an expert witness and has testified for real estate related matters in Court. Generally, his primary trade area includes South, West and Central Texas. Mr. Weatherbie has also completed appraisals in Colorado, Michigan, Montana, Arkansas and Indiana. Clients served include financial institutions, governmental agencies, non-profit organizations, attorneys, individuals, and corporations. Having grown up in San Antonio, Brett graduated from Clark High School in 1991. After attending The University of Texas at Austin where he was enrolled in the School of Business, he graduated from Auburn University in 1996. He enlisted in The U.S. Army in 1997 and was assigned to the Army World Class Athlete Program. An alternate to the 2000 Olympic Team, he also achieved a silver medal at the 1999 Pan American Games, and a team gold medal in the 1999 Military World Championships. From July 2003 to July 2004, he was employed by the Bexar County Appraisal District in San Antonio, Texas, as a Class II Appraiser. Professional Affiliations • Valbridge Property Advisors, Inc. Board of Directors (Present) • Appraisal Institute Leadership Development &Advisory Council Planning Committee (Present) • Appraisal Institute National Nominating Committee (2021) • President - South Texas Chapter of the Appraisal Institute (2018) • First Vice President - South Texas Chapter of the Appraisal Institute (2017) • Second Vice President— South Texas Chapter of the Appraisal Institute (2016) • Treasurer—South Texas Chapter of the Appraisal Institute (2015) • Secretary—South Texas Chapter of the Appraisal Institute (2014) • Board of Directors Member- South Texas Chapter of the Appraisal Institute (2013) • Board of Directors Member - South Texas Chapter of the Appraisal Institute (2012) • Associate Member Committee Chair - South Texas Chapter of the Appraisal Institute (2011-2012) Recent Seminars and Lectures • Appraisal Institute Leadership Development &Advisory Council (2016, 2017 &2019) ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 67 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ADDENDA Honors &Awards • 2016 Recipient of the Ted Anglyn Outstanding Participant Award for outstanding contribution as a first-year participant in the Leadership Development &Advisory Council ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 68 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ADDENDA 865 e5—ES AVF\1UE SA'J ANTONIO,`)i 78209 '/o Certified General TALCB Real Estate Appraiser TEXAS APPRAISER LICENSING 8 CERTIEf C'.ATION BOARD Appraiser: BRETT EDWARD WEATHERBIE License #: TX 1337354 G License Expires: 09/30/2023 Having provided satisfactory evidence of the cualifications required by the Texas Appraiser Licensing and Certification Act,occupations Code,Chapter 1103,authorization is granted to use this title: Certified General Real Estate Appraiser — — Chelsea Buchhokz For additional information or to file a complaint please contact TALCI3 Commissioner at www.taicb.texas.gov. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 69 Valbridge 0.182-ACRE OF LAND PROPERTY ADVISORS ADDENDA Qualifications of Wesley T. Collier Appraiser Analyst `' Valbridge Property Advisors I San Antonio wcollier@valbridge.com Independent Valuations for a Variable World Education • Master of Business Administration, Texas State University-August 2005 • Bachelor of Business Administration in Finance, Texas State University-August 2002 Specialized Education Appraisal Institute (Courses Completed): • Basic Appraisal Principles • Basic Appraisal Procedures • Uniform Standards of Professional Appraisal Practice (USPAP) • Texas Appraising for the Supervisor and Trainee • Real Estate Finance, Statistics, and Valuation Modeling • General Appraiser Income Approach I • General Appraiser Income Approach 11 • Advanced Income Approach Professional Affiliations • Alamo Heights United Methodist Church: Board of Stewards 2018-Present • Northwood Presbyterian Day School: Board of Directors 2018-Present • Northwood Presbyterian Day School Board of Directors: Treasurer 2019-Present Designations/Certifications • Appraiser Trainee License No.TX-1342289. Real Estate Specializations- • Commercial, retail, office, and industrial properties • Estate planning • Convenience stores • Working, recreational, and game managed ranches • Income producing properties • Government acquisitions Experience Presently and since May 1, 2020, Wes Collier has been employed by Valbridge Property Advisors San Antonio, where he works as an Appraiser Trainee Analyst. Valuation experience includes appraisal assignments related to farm and ranch, industrial properties, estates, and government acquisitions. A native of Uvalde, TX, Wes graduated from Uvalde High School and then attended Texas State University. Previous experience includes work in both the financial advisory and oil/gas industries. ©2023 VALBRIDGE PROPERTY ADVISORS I SAN ANTONIO PAGE 70 Valbridge PROPERTY ADVISORS w•av�v Sa°ttPe . C wA$ DAKOTA HINGiOW NORTH ' . 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CXIX IIAXIIA San Anrnnln �i�o --------------------------------------------------------------------------------- QAHUILA amps, FLORIE0 ' HUE YO AEON FAST FACTS MvnterrRY �nwnr i �._ COMPANY • + • Valbridge is the largest independent commercial property valuation and advisory service firm in North America. • Total number of MAI-designated appraisers(200+ on staff) • Total number of office locations (80+ across the U.S.) • Total number of staff(675+strong) • Valbridge covers the entire U.S. from coast to coast. • Valbridge specializes in appraising all types of real property. • Valbridge provides independent valuation services. We are NOT owned by a brokerage firm or investment company. • Every Valbridge office is overseen by a senior managing director who holds the MAI designation of the Appraisal Institute. • Valbridge is owned by local offices. • Valbridge welcomes single-property assignments as well as portfolio, multi-market, and other bulk-property engagements. Valbridge Property Advisors, 2240 Venetian Court Naples, FIL .h a r. • ••F■ • valbridge.com � �� : Valbridge PROPERTY ADVISORS 26241 Equity Circ,Ste 101 7445 L Fedk.v eve AeL :575'`1.Lakewvau.a Dr.5te,$00 Daphne,AL 36526 Cemenmai'CO 80x111 Cc,&w a:1A3erre,ID 838M (25119299090 003)8671933 (2091292-2965 3100 Wind Rel.,Ste 201 1099 Main Ave.,Ste 311 1 LLlti 1 01r'mirtgPtwn,AL 35216 Durarrgra,CO 81301 566 W.Lake St.,Ste 2401 (205)440-299'8 (970)340.1016 Ctrcogo,IL 60661 4732 Wo drr-ire Blvd C(. N C"(l C IJI (312)429-11132 tg�nr ea y,AL 36106 17 Covewood Ck (334)2775077 Norwalk,CT 06853 6801 La(e $8601 246-4606 68031 Lake Placa 13r-,Ste C-3431 Al IZ0N,r� Irrediarret7r 4s,IN 46220 6061 E Grain Rd. 15 Correorrl St (317j 687-2747 Tusc carr,AZ 85712 Glestr nt"y,CT 06033 (520)321.0000 (86{7)2464606 10990 Qu(vtra Rd.Ste 100 Ca OF OP` A OKrerland Park,KS 66240 4915 Calloway Dr"Ste.101 -�. _ _:9 r tie Blvd (9131451-1451 Bakersfieid,CA 93312 !• ._ Wille,FL 32223 (6611587-10$0 (904)608-2948 "6 S.:r e i:: Pkwy 1306 Finguela SL J1 Aln'aeria Ave..Ste.350 Lex,+ `a,-_r! KY 40509 San Ltiwrs Obispo..CA 93401 _:r rl Gable-s,FL 33t31 (805)544-2472 71-1:,639-8029 9401 1' iillratusburg Plaza,Ste-203'4 3160 Crow Carryon Fri T�4�u9t�tr�- Luui vrlle,KY 40222 Sar,Ranvxt,CA 94583 Orlando.FL 32804 (5021585-3651 (925)327-1660 54071 493-6426 825 Colcrado$twrc1.,Ste 243 4 noirrsetlia Ave- L()U I c 1,t'+NA Lias Antgelv%,CA 90041 Palm Bead',,FL 33407 2030 DiLkory Ave,Ste-200 (526)486-9327 3Z3- 3r Elrrravooa LA 70123 (5134)541 5100 17822 Tr St,Ste. 211 =1. Tustin,CA 92780 Naples,FL 3009 MARYLAt'L") (7141449-0852 (239)514-4646 11W Dovedwge CL 775 Sunrise Ave..Ste.260 2601 West Horatio 5t.Wit 5 M rrieftvift,MD 21104 R4y,!�&viNle.CA 95661 Tatnpa,FL 33509 5443)333.5525 (9161361.2509 (3211228-648.8 A'r`,ASSO C)•USET i 5 1530 The 191arrieda,Ste.100 - )P,_a 1 A 260 Bear Fill Rd.,Ste 1036 Sari Jo!x e.CA 95126 2675 Pates Ferry Rd_,Ste.425 Watlhanr,MA 02451 (4081 2791520 Atlar)la,GA 30339 (M)790-5645 COLORADO 5404)354-2331 MICHIGAN 23372 Two Rivers Rd_"ate-101 i�7'� ^( 1420 W&W*Vw WVCL Basan.CO 81621 1459 Tyrell Lit.,Stir B De1r*K Mt 48226 (97€)340-10% 06-4e, ID 83706 (M 9W338 5345 Arapahoe Ave,Ste-7 (208 336.1097 2127University Park Dc B'ouldet,CO 80303 Oketztos,MI 4.8864 (3031867-1935 (51713.36-4}0701 WNPOMTE dFfWA 2240 Venetan Court,Naples,FL 34091 ane,{239)32"234 i Faux(239)32x-8356 E acn Vdf rare oAce s r,rdependeMy omwed and o0eriared. rev P12322 MINNESOTA 71' T EXAS 255 E.Kelso"Eltyft,Ste, 102A 1655 W Market Sc.Ste.130 901 MOPOIC E"-S_EUdg.I-Ste.300 51.Paul,MIN 55101 A;oon OH 44313 Austin,TX 78746 $51 370-1475 (3301 899-9900 [737)2425585 M!";1;1 uI S�p p t 9291 Beechm,-wvi Ave,Ste B 10210 North Central Expy,Ste.115 MO Fwd St Cinunnati,0H 45255 Dalias,TX 75231 GuKport,MS 39507 (513)785-0920 1214,4.46-1611 q28)6194-1900 1422 Eudid Ave-,Ste.1160 974 C6mpbcH Rd-Ste 204 224 Avalon Cir Cleye4arxt 0+144115 FloutAun,TX 77024 X367 961907�7 Ih- ibm#66n,MS 39047 (604)853-0736 273181 OKLAHOMA 501 HK 6666 S.Sheridan Rt:., Ste 104WLZoLk.,TX 79423 yhomy 12 W,Ste 150,M Simckvbe,PAS 39759 Tuita_OK 74133 JE061744-IM X62)6T7-2350 (919)712-9992 9901 IM 10 Wast Ste.1035 3121 Ouad 5w it,95 Mwy.Ste.150 Sam Antonio,TX 78230 Oklahoma C4y,OK 7-3134 1210)227-6229 M8 Hampton Ave..Ste-20a 5t Lows,MO 63139 405)603-1553 r"41255-1323527 E. Fborveer Rd,Ste.240 P E N N SYLVA 1*4 1 A NEVADA ISO S.Warmer Rd_Sle.440 Drager,Ln&h 84020 3034 S_Mitango Dl-r Ste-100 Kmpg of Ptussin,PA 19406 18011 262,3388 La-s Vegas,NV 89117 MB)545-1900 20 North Maim St (7021242-9369 4701 Bapttst Rci,Ste 304 SL GeOtge,UT 84770 6490 5-WCatian Blvd-,Ste-51 Plb-burgh,PA 15227 1435)7736300 Revv.),NV 8'9509 (417t 881-60810 321 N CoUrIty BpVd.,Ste D (T751 204-4100 Anmiusn Fritk,UT 84003 , I j'!" 44 , '%'"'t-)1 ;1114 IBOTI 492 0DG0 Lr"'-,L T 1250 Fdinvorit Ave. v 2740%ute 10 West,Ste.204 kft,P*a-;ant.SC 219464 VR G I N IA Mor-,?s Mairyt,,NJ 07950 (843)884-1266 656 Independence Pkwy-,Ste.220 (973)970-9333 11 Cleveland Ct. Cht,oe"e.VA 23320 3500 Ruute 9 SoLMi,Ste,202 Greenville,SC 29607 6757, :IC, 1222 Hcrw&C, NJ OMI (8"233-6277 1 _p4h Ave.,Ste-IW (732)807-3113 920 EWy SL.Ste.26 - VA 232'30 17 1 1 Beautirt Sc 29902 _.�,__� )m NEW MEXICO (80 B84-1266 510,:, .'-,t-I 51-Ste 213 7000 Prospect PI NE, Ste.8 Wi; vq,VA2MB Abuquefoue.NM 87110 7 C N N L S'S,E L (7571345-0010 (5051884-4721 3500 Ring9L4d Rd-,Sie,3 N Chatlanoo".TN 37412 IN 325 West 39' St_Ste.702 f423;1 206-2677 6378 W Grardrx!Ve Bvd,Ste,t10-Cl Kenco_-Mci(.WA 99336 New Ybrk,NY 10018 213 Fox Rd 15091221.1540 2"-1113 Ktxmville,TN 37922 -2424 (865)522 324 N Mullan Rd NOPT" CAROLINA 756 Ridge Lake HW,Ste-225 Spok&v--Vatley,WA 99206 5950 F&tv*w Ald-SM_4D5 Memphis,TIN 38120 f5091747,0999 charsone.NC 28210 (M)753,6977 V,)I N�I N (704)376,5400 4t2 E.ChatImrn 151, 5205 Mat-yl&Nd Way,Ste-3W 12660 W Nath Ave. Bientwooa TIN 37027 BT(x*fie41,WI 53005 Cary,NC 27511 (615)369-0670 1:2621782-7990 fi (919)859.2666 w. Val bridge maims PROPERTY ADW;iClk� valbridgecom Atwell Suites Hotel Project ,r Economic Development Department City Council Meeting June 27, 2023 Atwell Suites Hotel • 96 Rooms (All Suites) • Approximately 2+Acre Site • Full-service bar • Co-working spaces • Meeting rooms • Project is fully funded - • Expected groundbreaking for Fall 2023 J Great infill development project •4' JJJJ , ff - s � r loom Al 6 a P'�oject Site Location a M, "�tY�to L-ski ' y , I 13 r {` �s I t 14;. Yr - fit Y�✓�k7� site : 8 ' Miles \ j .. City'Dwn'ed Land o ? i O f'ya0' Site r pD \ SD ]]]��777 uryn n "K l Feet �1 Thank you ! Legislative Wrap-up 88th Legislative Session Council Presentation June 27, 2023 Contract Lobby Team f Brandon Curt Seidlits Snapper Carr Lynlie Hurd Aghamalian Founder,government Land usage, utilities, Municipal issues,water Municipal issues, economic affairs and lobby military and water and environmental development,property strategists. issues. issues. taxes,and transportation and transit issues. =` Corpus Christi Legislative Delegation p g g er Senator Juan "Chuy" Rep. Todd Rep. Abel Herrero Rep. J.M. Lozano Hinojosa Hunter Committees: Committees: Urban Committees: Finance Committees: Corrections Affairs (Chair); (Vice-Chair); State Affairs (Chair); Redistricting; Redistricting (Vice-Chair); Border Security; (Chair) Licensing & Transportation; Criminal Justice; Administrative Youth Health & Jurisprudence Procedures Safety Special Session(s) • Special Session 88(1) was immediately called May 29th, ends June 28th. • The call includes Property Tax Relief and Human Trafficking. • House vs. Senate vs. Governor — Lt. Gov. is at odds with Governor & House on property tax relief approach (homestead exemption vs. rate compression. • Vetoes are directly related to property tax relief and education issues. • Governor indicated there will be a September special session on Public Education Issues (Vouchers). • The subject matter of vetoed bills could be added to future calls. 88 Regular Session By the Numbers • 8,344 bills and joint resolutions filed • 1,880 bills tracked by TML • 1,440 bills tracked by Focused Advocacy • 1, 168 bills tracked by City Staff • 1,258 bills landed on the Governor's Desk .,fq--M-e)v Key Bills that Did Not Pass • Land Use Bills That Didn't Make It • SB 369 — Disannexation bill that required cities to give all city services to annexed land by 12/23 • Density Bills — minimum lot sizes, Accessory dwelling units, manufactured housing by right; TML is setting up an interim committee to discuss • STRs and residential amenity preemptions • ETJ size, density and required serviced in ETJ Key Bills That Did Not Pass • Miscellaneous Bills That Failed • Automatic Civic Service for Cities over 10k population . • Streaming services not video services for franchise fees • ESD bills that required ESD to hold elections for officers • Increased competitive bidding threshold to $100k • Lowered speed limit without traffic study • State funds for cities impacted by disabled vet tax exemption • Community Censorship — lobbyist bill .,fq--M-e)v HB 2127 Preemption Bill • Potentially preempts other home rule city regulations in field occupied by state statue in particular codes, depending on how court rules. • Creates a cause of action for lawsuits against a home rule city to determine whether a city regulation is preempted . • Requires a 3 month notice before a claimant may bring a lawsuit against a city. GNW__e)'FI HB 2127 Preemption Bill • Protected Ordinances: payday lending, retail sale of animals, massage establishments, public awareness campaigns, collective bargaining agreements and ability to maintain roads, impose taxes • Home Rule cities will have the same authority as General Law cities. GNW__e)'FI HB 2127 Preemption Bill • City Regulations that are expressly preempted? • Regulations relating to employment leave, hiring practices, breaks, & benefits • Regulation involving dog breeding, care treatment or sale of animals. Could conflict with the protected ordinances previously mentioned. • Regulations of eviction or deliver of no9tice to vacate prior to an eviction. HB 2127 Preemption Bill lir Unless expressly authorized, a city ordinance that regulates conduct in a field of regulation that is occupied by a provision of one of the following codes is void and unenforceable: Agriculture Business & Commerce Labor Finance Insurance Natural Resources Occupations Property Bill is effective September 1, 2023 11 Land Use Bills • SB 2038 – Release of an area from ETJ by Petition or election; Exceptions— IDA, Strategic Partnerships and 5 miles of a military base • HB 1750 - Agriculture Operations; City can't impose any agriculture ordinances unless there is evidence of a health hazard or certain danger; Will need the Texas Agrilife Extension office to define a "legitimate agriculture operation" • HB 3699 – Platting Review Process amended .,fqw-e)v City Finance Bills • Property Tax Bills — Exemptions for Childcare Facilities (SB 1145), Medical Facilities (SB 2289), and Review of homestead exemptions (SB 1801) • Sales Tax Bills — SB 379 — Family care product sales tax exemptions • Debt — HB 4082 defines `public work" for CO; limits uses of COs and TANs • Economic Development — SB 543 prohibits sale of real property in 380 agreements • HB 3727 — HOT changes including new reporting requirements GNW__e)'FI Bills Vetoed by Gov. Abbott • Veto period ended June 18. • Abbott vetoed 76 bills and made line-item vetoes to the budget bill, H.B. 1. • Vetoed bills included the following city related bills: S.B. 2035 — limiting the use of COs and anticipation notes H.B. 2956 — allowing for annexation across a railroad "No man's lifiz, libg,,,rtg or propzrtg is safQ whQn the liz.gislaturiz is in s¢ssion." Mark Twain so �o o� A H AGENDA MEMORANDUM µoRPORPg4 Public Hearing/First Reading for the City Council Meeting June 27, 2023 1852 Second Reading Ordinance for the City Council Meeting July 18, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Community Development DanielMc@cctexas.com (361) 826-7011 Agape Ranch Petition for Annexation and Rezoning of 10.817 acres in the London Area CAPTION: Ordinance annexing approximately 10.817 acres of land into the territorial limits of the City of Corpus Christi and rezoning the annexed property at or near 2738 London Pirate Road (County Road 33) from the interim "FR" Farm Rural District to the "RS-6 Single-Family 6 District; providing for a penalty not to exceed $2,000 and publication. SUMMARY: Upon request by the landowner, this ordinance annexes and rezones approximately 10.817 acres of land that will be developed as "Agape Ranch" subdivision with 24 single-family residential lots in the area south of Oso Creek, at the northeast end of London Pirate Road (formerly CR 33). Staff recommends approval of the annexation and zoning request. BACKGROUND AND FINDINGS: Description of the Request The landowners of Agape Ranch requested annexation and rezoning of their land, being approximately 10.817 acres south of Oso Creek at the northeast end of London Pirate Road (formerly known as CR 33), and northeast of the London ISD schools. The proposed "RS-6" Single-Family 6 District zoning will provide a minimum lot size of 6,000 square feet. The current use of the land is farming with one resident. As required by State law for annexation, the subject property is contiguous to the current City limit line, which abuts the London Towne subdivision to the south and City-owned property to the east. City Services to Subject Property The landowner has agreed to a Municipal Service Plan Agreement with the City and the City Manager is authorized by City Charter to execute the agreement. The subject property is served by an existing 16-inch City water line in FM 43 and a future 8-inch City water line on the east boundary stubbing out from the London Towne subdivision. A City wastewater line will be available to the subject property through the London Towne subdivision to the south. No City gas lines are in the area. The developer will improve CR 33 to the rural standard established by the joint City/County Road improvement project in 2019. The proposed development does not reach a threshold at which additional City Police substations, Fire stations, City Library, Health, Animal Control, or Parks and Recreation facilities are needed to serve the increased population that will occur over time with the annexation action. However, City Police and Parks and Recreation are currently analyzing options to provide increased service to both existing and future residents of the London area. Analysis of the Request Annexation: To make a recommendation on the annexation, staff conducted an internal review with each City department responsible for providing services to determine any impact to operations and/or any need to expand City facilities. No City-funded expansions are determined to be necessary for the project. Other positive benefits to annexing the subject property are 1) gaining authority to prohibit the development of incompatible land uses through zoning - which protects property values and quality of life; 2) gaining authority to ensure development meets City standards in an area already served by City infrastructure; and 3) the authority to prohibit On-Site Sewage Facilities (septic systems) close to Oso Creek and its watershed when City wastewater lines are already available nearby. Rezoning: The subject property is located within the boundaries of the London Area Development Plan and the future land use designation for this property is "medium-density residential." The proposed rezoning to the"RS-6" Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is compatible with neighboring properties and the surrounding area's general character. The "London Towne" subdivision to the south is zoned "RS-4.5" Single- Family 4.5 District. No zoning exists to the north and City-owned land zoned FR exists to the east. This rezoning does not have a negative impact on the surrounding neighborhood. Planning Commission Public Input and Hearing Process: The number of Public Hearing Notices mailed: 49 within the 200-foot notification area 4 outside notification area Responses received as of May 23, 2023: I n Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Landowners in opposition total 1.18% of the land within the 200-foot notification area. Public Hearing: Following the public hearing held on May 17, 2023, the Planning Commission recommended approval of the requested zoning. Past and Future/Potential Council Action Summary The proposed annexation is contiguous to the City limits established with the approval of the London Towne subdivision annexation, which is located on both the east and west sides of London Pirate Road south and directly adjacent to the Agape Ranch subdivision. To develop lots connected to the City wastewater system rather than septic systems, a wastewater lift station was constructed in accordance with the City's Wastewater Master Plan and approved by the City Council in May 2018. This wastewater lift station will provide service to the subject tract. ALTERNATIVES: Because of the positive benefits of annexation which are described in greater detail throughout other sections of this memo, the staff is providing no alternative to its recommendation to approve the owner's request for annexation. FINANCIAL IMPACT: The 24 single-family dwellings planned will be constructed over time as funding and donations are provided. The dwellings will then be used by Coastal Bend area foster families at the discretion of the Agape Ranch non-profit organization. Therefore, there will be no future ad valorem tax collection amount to compare financial impact with. Instead, the financial impact on the City will be 100% of the projected increase in annual General Fund Expenditures required for each dwelling unit constructed, occupied, and for which services are provided. RECOMMENDATION: Staff recommends approval of the annexation to support efficient land use where City utilities already exist and to exercise land use controls in this growing area of the community. Staff also recommends approval of the zoning request to "RS-6" Single-Family 6 District allowing minimum lot sizes of 6,000 square feet. The Planning Commission makes recommendations on zoning but not on annexation. At their May 17, 2023, meeting, after holding a public hearing, the Planning Commission recommended approval of the zoning request to the "RS-6" Single-Family 6 District. LIST OF SUPPORTING DOCUMENTS: Ordinance Landowners' Petition for Annexation Final Zoning Report of the Planning Commission Presentation Ordinance annexing approximately 10.817 acres of land into the territorial limits of the City of Corpus Christi and rezoning the annexed property at or near 2738 London Pirate Road (County Road 33) from the interim "FR" Farm Rural District to the "RS-6 Single-Family 6 District; providing for a penalty not to exceed $2,000 and publication. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1 , Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements pursuant to Texas Local Government Code §43.016 have been made; WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into the attached Exhibit 3 Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed; WHEREAS, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following the publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; WHEREAS, City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described; WHEREAS, pursuant to the Corpus Christi Unified Development Code §4.1 .5, all new territory annexed to the City has the initial zoning of "FR" Farm Rural District unless action is taken to amend the Zoning Map upon annexation; WHEREAS, the landowners have requested rezoning that is concurrent with the annexation process for the subject property located at or near the northeast end of London Pirate Road (formerly CR 33) south of Oso Creek; 1 of 16 WHEREAS, with proper notice to the public, a public hearing was held regarding the rezoning during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held regarding the rezoning during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council finds that this zoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this zoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. A 10.817-acre tract of land, more or less, described by metes and bounds in Exhibit 1 and a map in Exhibit 2, generally located at the northeast end of London Pirate Road (County Road 33) south of Oso Creek, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. The owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules, and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 4. The official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 5. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extraterritorial jurisdiction to add the territory annexed as required by law. 2of16 SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of the ordinance shall be held invalid or unconstitutional by the final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. SECTION 8. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, are amended by rezoning a 10.817- acre tract of land (tract 1) as described in Exhibit "1" and shown in Exhibit "2", from the: "FR" Farm Rural District to the "RS-6" Single-Family 6 District SECTION 9. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 10. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 11. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 12. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 13. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 14. This ordinance is effective upon passage of the second reading. 3of16 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 4of16 Exhibit 1 's-1AFI OF TEXAS CO I,N FY OF N UECES l-.'%l-i[3IT —A 1'::-'d notes ofa 10.917 acre tract being all ofan 8.0:: 1 -.0--IhW in a deed &k_: I -CL- 11It ill l)!l4 Offwin I Public Rec.'rd'N. I NW: I 1i%' 1%1� L .1�lk'.:1 1 ITI Dock. cy L A L •c: r.OAL 'L, P I} .:;', All Vap RLcores Ntwck:N CutiwN, I;.-w,Suid W.0 acre back hein, 1:1- 1 L l'jI I", k. 01 El Point in the east I I i t of%k ay of County Road 33,for the northwest comer ol"Lull 2, ;1'1 I-•:I-.,:�'.;1,J;,"-i n I"r i1 , .I,,I-n-,I lic-i 1;it- c7 V;-I ume 69,Pages 493— N I:i 1, v. -J I.,i icc---,i.mj I I I.%. I eras,a I I d 1,.11 L I iv tivL.al%,cl L Corner I i 1,LAX t. :1,,c uummcin line ofihe east naht of s�zl'v o.`C4 unto Roar '33.and cbi�:arum N(..r(h .11 Ul 1::L: :I.- I W 6'Irl. d Se r I`:'J .1,a L!d I L: I "k -'v-.,r.l '--' I IL '--1 11-1 _c'::`'L:A L)k U HFNiC V r.:l'.: ,I. ,:.KOLIJ 011�; 1'%,,r kl:v iwruminy'�Ll%mel L �ULLI 3.4 L�I C. -C S,'J 1.2 11 d ::.iEv of 15,41 PU$ia 5ig"Fe-bar found previously scl,and In J i Ll 54.20[eel. THENCE In the comma-i line of said 64 00;I-rc'::icl mid(III%- ;1ti-. �- 1-th N'll'—W,Last.a,11[.'1lclz Ill ll'c'�U.mj ;,I,:• 1"'L'!7::k I :I::,rih,::; ii i in j,I N-L I-d' k:o-n�-of a.L! ,lin:1-!L ;n41 I,rr the 110171NLJel CW;I ' Y!I tuffs UJI1,Ir011' 15 11 F NCT- rc-lkr 1.k.:i.1 1-1,:Lai l,nL Lii 3,!G:r,-' A acre tract,bears North 8.1i1'22"East,a diN11L 1—-11 2"N.'(1 ti�L. '111 IE NUJ i ic common lr),` •:rr -'IrH i')aL;retract am.L L, N'-L:1 .S::J." A a 1. . 11-1!C-L-1:IAUti J' % kil : ';.:—', 1, :.1::�.I :k,: l'11 1,: 1 and lur chL Wrilef OJ :1..-L:,;,L. T I I FN CY 11P.11 111.12 q0kJ1h :I,'"I:1-1: 1•;11 I.L LJ -01'[11C n Orl. k'I t of ,I :fl,-A a -k A j j I.,,k -K I k 1 7.CIL,1 I,:,- i•14t 'I L ,1 17,a',.ir. d. ! i'. iLwu,' 10 the POINT of Ht.( I-NG,tend 10.91?acres of land,more or less. Notes: 1.1 A Map ofequal date accompanies this Mctcs and Bounds description. Set q.1"rc-bar 3Lcrl r---hay cel wilh%ellow l>-asnc cap labeled Brister Surveying. I his L;xhibil does not o0P'0W11t.311 on tno ground boundary survey. 4.)Measured bearinp are zascd on glubal posi600ling systor-i NAD 13(93)4205 DATUM. 1,Ronald E.Brisker do hciel)y certify that thi5,cxhjbii of the property legally described herein is oDnVCt to the best of my knowledge and belief. koma'14 E--Trister,RPLS No.540T OF 7- Datc:Scpccmbc:r 16,2022, ........... RG D E.DRISTER ........ ... 5407 "T Auli4 Job No,222186 Page I of 2 5 of 16 Exhibit 2 Ei XIIIBIT UI' A 10 N I 7 ACRE TRACT BEING ALL OF.,'-%110]0 ACRE.'I'RAC'T DESCRIBED INA DT3TiD RI�CQRDEiD IN DOCUMENT NO..2016D532M.OFFICIAL PUBLIC RECORDS NU F.CES COUNTY,TEXAS,AND ALSO BEING OUT OFA 3.472 ACRE TRACT DLSCRIBED INA DEL"D RLCORDIiD IN D0S'l114E-NTN0.20ZI0GV5%OYI7[('SAL PUBLIC RECORDS NU'ECES COUNT A-LXAS SAI[)10,q 17 ACRE TRACT BEING OUT OF SL CION•'D•,LAURELES FARM TRACTS SUBDIVISION. AS SHOWN ON A MAP RECORDED IN VOIAR 1E.?,PAOF 15,.%IAP RI;CORDS NL'F.CESCOUNTY•TEXAS. 308.99 ACRES +V a�W� fly O DOC.NO.941343 B RS 1�,�, S1R,N.0 'Wr L )k.ar 6 03,22�W Q- ,T. rays°?U•� S2,S q4.(M o SCALD I'=164Y +, `S' W❑ " ° � a o A z WT 0 I I.Or 16 I LOT IS 64.00 ACRES M ° LCR U DOC.NO-20200D1025 QP.R.N.C.T. I 9 < Lerr n F a °u 10.817 ACRES �w 471.185 S.F. r M 4,A U LI-)T f D1_'1'AIL NOT fu'C'ALF I 1()'I 11) a C LOIY H y O. cora LC7r 7 �o EU'I 6 LOT 5 LOT a O U1 DF.TAII. %01 10 WAIF, C+ 1.1=y&ww12 .,-`W 34.24)' (NIFAS) R�y�1NT]'�' K 12=NZW IV 511,; 533.U6' (MEAS] Qxw 0gp�3 ��y P.O.B. C FOUND PREVIOUSLY SI:T5'S"RE:-BAR �l[s ©II FOUND 5N'RF•BAR O=PROPER]%CLIR%F_R EXHIBIT PAGL2 Of Brister Surveying (1.1?sf.h FWnIWN Ome Suec fl on xlawixn ' r--..eelswslut QFr� FM Mprullm.>.u.19lfik4 ��.,. �x Till �•.ee TRI.]-ln.:I IH)r3 wl IKiLpE 1W£0.F3F.ARCM •uli. �! . IN-11—M t111ur-,QR IUTAYI ' VTWI X30' TPL; itint�l.h0.[.�fN!tlrinlr l+IUYIf AI'RLi ...r..,•...,............ IAN vk 11 r.Kori1lY OF wAY1 UR«TfufIE3DY TVI! +nvt;IS.1 Abu uu^.'�u511(9C'ftIP11Dti OF'LKll nl. RONALD F.,BR1'8TER P0.069L'u Iv 11A11 qc'11ur SII YIII11 A1t1111T. ..,,......,•....,.....,.}... Lk(^All.l4 hh1YTLft0011EREgYCFAT1F1TWAf :.TI S wtl r• >tlil RLuaR SET wiIYT ;i '�'t Ycuu .rnvr rx.AkmuownrtAxxve�nv�t. 1 507 r. rH15Exw5E1urnlLlx9n:xTVIssALLY (Jt pxYfQ lH9CkxkFnl/E4F.1`111CY]RRF.CT iG TIIE 43T OF MY •)f1kSk1Y11Y111OF4.xYr RElRkSEIiI AY(ri THF. �••..ff11,.•"� GRpLnD FOI'IOAf1Y SL�#t'+I;Y Np Rhilw FO[W'hW 1111TC.T vaYG3 ARl.latl.❑O�GI.ORAl. 1 51u.1'A[t'R tI]nl. fcnlnonlws{ItivLrw Frns•:�-l...nu m:neTvmn S1 PrUM13LR It,112_' ^� JOB NO.2221116 RO ALD t tw.TCTFR R rI.S.W)W7 6of16 Exhibit 3 MUN IC.173A: SF RVI(7F PI AN AG RFFIVIEN I FOR 10.817 ACRL f RAC~"I ?_ NG ALL Cif° AN AckL TRAOT DFSC;RIBED IN A L)EEF' RFC0RDFF, IN 14T NO. 201131 3230, OFFICIIAL PUBLIC RECORDS NU1".',L_-S COU NI Y. TE C.2, . ANL; A_SO E-3=ING C UT 0Z A 3472 ACRE TRACT DE CR!R=T) N .--. DEED R:-(;C,R~'Ff] IN D0rL', .l%,1FNT ` 20 1002859, OFFICIAL PUBLICS RLC O—�US NU=C}ES ""01J\"'Y. TF7�:',S. S,-,.IL) 1t . ACRF TRACT BEING OUT Ca'= F4'T!C) 1 "D' . F-A�f:' T f, aTS SLJP:,'IV!,S-ION AS S3-OI] ',m 'ON A MAP IN VOLUME 3 PAGF 15 MAP F<.-C{)R_)S NUFCLS C.C,UNTY, TEXAS Tnis MUNICIPAL SERVICE PLA' A-'fF _L`:1LN I ' Ag,eement") is e-itered irto by and hotwcen t^o City of ,.,, f'.a C-1- 5;!i i.'CCi,y :wc. �,is-i l Klaus, ,Agape Ranch ('I :i r.•:J":;'f�res'"i :;cath of v�n�rian may he rete:rre c "err n s igtiIar.y as"Party"-Dr col I ect i-v e ly as tl-e Taric-s. ' WHFRFAS. -Ier Landowre.r 7 a:= i e:,,. 1'1i1' °i e .',ity c::,iis der annexalicr cif a In'-'-d !o1a _ al src ~'s:r;' I J._�'l slvrr:s u° is'l.l SItr.atod in Nc.euet; Cc."Intyr. it `"1e:e:: :a'c J F:.r. `c.:> ,.I. ae: irc: as Exhibit A arb r7afr in Exhibit E3 , tui'. i_•rr 'r :c'I,' .:I~ wl" I-c:.~J ')F. r.°,; ,nenrporated for all WHEREAS. . ., ,=it•. Ir_v'lcs to Ir4711'ito a;ircxa'r l ."r ...:;,: ":a° fo. •I'o 'Siar:_.'1.1 WHEREAS, Texa-, Local a vwritterl tor t'lr u'1 sioin c 'vCr'JI-e...; t'A :ire.! `I':,, L-.e e:"':'r':':J i,',l{] l .lti.v'eer the City I rii-,: .,,1.".'"6: f of 1'1- S.iLje i'l Property [SJ ;i l�i•:�74cItr:Jl' WHEREAS, '.I-c City wid the Landowner agree each yvil L: :nefi# 8ioa - It-e- C `.is cl illy find 7e7f)';,ig requlferne nts. ac; we I iii ether mill:-ipa: :iC''ti ;'c'5 C;1'r '-d ch are i.-pod and va (aaUe con;ic:}ration f::• the= . <.m,(),.,;. - to -I-e "'i.'I = .. erltLr Ir:,)this Acreei-en, -:;I't��. �_• t:. �.7rf)`. ;' :. I st=—d s r', rnv .' Cn I'll}e"'c7t .n and in acoord�a°,cc rMil°', kl�i� Ilgr�e3rrle;,i WHEREAS. t' c }'ity Cl,:oncil of the Ci",: of C :.r:a..s C:hr st , Texas, finds and t:.f'.II} ill:' I':i; "I' ti iii:le lflf''lt y:'1' I 7 r'-0V dm- aaw f'v'4ic ' sDrvices Cr a l v;er e:•''.'e ':f sery ccs ,i :I,c -1•i5r° :.; rc r :xis:`:: :;ce ir• C'•e :virexafien area at t'lv t 1. immeJiz:lei; [.-e(,ed il�_: the anrexslricr I' Cres' I ° service -will pro..'. -,,,e ' .. arme>$ ed ;irc._l '.,.iin u if;v�-. r" r ::i'.ic:, ir''i,n :i'..."..e. and Irl'ast!,:JLlre ma',ntenar":C' is comparaDle tw the e-jel v' A ,l°;ir,i:°c.°;: iar ;a '.lru�,tru�lure rn3; tte oi4 i 1 available in other p<ar--: of `r'e ..ir ci,.,n _y ,--iVi toav,i"ap ly, land rase. acid popula' :)•l density similar to those ca- :,i 0 jected in the area. WHEREAS, it is fQui:)d 171::' :, ?;:.E. In'} I-aavbeen salisfiec and the City is authorized by 'l exas Loco. :_uvcr vlly . Code C;r EII:kr'. 43. to fz)rnex the Subject Property into the City NOW, THEREFORE. in cansideraflan of the mUtUal coverants contained �lereir the Parties hereto agree as fnll€rws- 7 of 16 Section 1. Recitals Thu Parties hereto ac,cnovvedge and agree that the Vegoing recitals {a,e fit:r�t�y : 7d to be true and correct and are hereby adopted by the Parties and made a par `7r rr:::f f:,- all prrrDaSeS. Section 2. Services to be Provided The following 'service list represents the provision of surd-r-c5, To, .r -Asvoo: t,r-, lardowner of the Property and the City cstablishir g a .arucrarn L ndc- w 7i,.: t o (si' :r;iII provide municipal sc:rvic:e% ':o the SulLject property as required by 1-exas I.ccal Government Cede §43.0672, will bc: provided at a level consistent wi-h se w ces levels provided to other sarr- laity sit.jated areas with!n the City a.General Municipal Services- The following services shall be provided Immediately from the effec-ive date of the annexation: (1) Palicr? Protection: +o �)c Pmvadod The Corpus Christ, Po ice Department (CCPD; will provide F.)r-lice protection. (2) Fire Protection. , eii-kcs to tri r-ovilled TheCorp-is Christi Fire Depa•t-hent will urovide Fre pveotinn and suppression through its existing fire stations (3) Emergency Medical Service: ervice In be ProOded- The Cor'pr.s Ch°isti We Ucpartmer7l will provide emergency medical services. (4) Solid Waste Collection: efurees to be Provdcd. Ater the effective date of annoxsc Iinri, the Lity oaf Ccrpus Christi will provide solid waste sc.rvic:es t;s �,irrcgle family res denliA customers directly or indirectly throug h a third-par-.y contrac`. Commercial gar bane collection service for businesses a:ac r-nulti-family resicences is available on a subscriptior. basis from private service providers. The City of Carpus Christi will allow commercial refuse collpotors to continue providing :his servire to condominium complexes, multi-family apartments andmmercial and industrial t2siablishments_ (5) Water Survice: ExWMg Services: Currently, the City of Corpus Christi holds a water certificate of convehier oe and necessity ("CCN:) for the annexation area. 8of16 Services lo be "o. 0- '�01"'-LIS will continue 'r) provide water Service to vie n :,j(::.;',rd!'vq%.�� -,Ni,h the applicable rules and rag u I-ati on� for tne. I:--,)vi s i-,r '0,lato.r scar i c y, -s•ate -,-4?ry i oe wi.I �e pr: v ided to t h P, S.j bj ect F ra pe rty. -,a pp I ica b le n n,t o r.s it e r(,,::' :)y-ie utility holding a water C C N fo, -.he subject pi-clDorty ar portions -1-ereof (tl-e ".0GN iolder::) and. as applicab e, t,)� j it i liry providing w-)nl Psa le or rp.,ta, water qC I r V i.-,e-to said C C;N holder_ Absent a wa-,or CC-14, by the Ai ty in whose jurisdiction the Svbie!,,t Property, or portions a� anpl'c,:=-..p orated, th-e extension of water service will be provided in accordance with all th-a ordinances, regulations, and policies of the Gi',y- (a) Wastewater sorvice, Existing Services: Currently, the annexation area lies -oatside a wastewater certificate of convenience and necessity ("CCN") Services to be Provided, Absent a vdas-ewater CCN by the utility in whose jurisdiction the s-ibject property, or portions thereof as appi cable, is lacated, tl^e extension of wastewater service will be provided it accordance -qvi-h all .he ordi,-iances, mgula-ion-.;, and palioies of the City. Whei are, not reason-ably accessible to a public wastewater "acility of sufficie"it capacity as dctormired by adopted Cly wastewater slandards,, individual aerobic systern or individual wastewater treatment plant will be utilized In acro.-danoc with al trio ardinarices. iegtjlations, and policies o,;the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or WRst9water Utihty:. Vlater a,id wastewater sery cue wi[ be Prov ded -i accordance wit!, the Corpus Christi Unifiod Developri-it-10 GMEUtility De-parimert Pnlinir-q ar-,-., cr,g -ieering standards and provided the service is not within the certificated sc-.rvi-r. arca of ano',hpr !jh 'y nxisting"acilities located within or adjacent-c t-ie ar-aa. Any and all wa:er or waste-water facilities owred cr mainta;r1c,(. t.y 'he I (-..f Corpus Christi, lexqs. at t-ie t-rue of the proposed annexaionsl"a continUC !C 'C maintained by IN? My c.p Corpus Christi, Texas. Any giid ;---Il v4ij,.-r C)i wdhlewaler facilities that may DO 11C p—oporty of arother rr inicipa ity -r ot-or entity shall not be ri-air-itijir,ed hey the C of Coirpus. Christi unless the fa,-ilil es are def.' ca'ad to and accepted by the C,*y c: (-:orpus Christi. The cur-c— line mains at their existing Ilooaticns slial L� for point of use based upon the Current Ci-vs standarc. pclicie!� (-,7xizfir-.j cr tis r-noy be. amended Cry site sewage facili-.es may Le allowed contingent upon the property owne, meeting all city. cc)Ljnty, 51atF and federal requiemenits {8} Operation an-d Maintenance of Roads and Streets, including Street Lighting, 9 of 16 The City w-M maintain public streets over which the City has jur;sdi,1ion. Roads, st,eets or al oy-r a-is which are dodkU.-tited to and arc�oted by the City of Corpus C"I''i::'i, I e-A a n" (), .",111,,,1 are owr e d c y _-c 'C ty 0# C D I-P LIS Christi, Texas7 shall be i—air'a.ned to ff-c s,j—ec r.sAuc lliiv, either roads: streets and alli,yway-% ;:'(3 Maintained in tne City. Ilightirg of public -oads, strcct� ;)nd alleyways shall be rraii-aiined b%; the Lipnlicable utility =npany servicing the City Ljnes-,; the lighting fu(:,ility has been ceti cated to the public, in which case tho City Wi-1 be the operator. (9) Operaticn and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are r-.-, pA: c , ':.hill -Tie amic-xa-,in-- a- ri riduding parks. p layg r0l U.'C S. u I, sw im ni I I- o k th'a I '-'a De t.-der t h e responsibility i).' 1,'I:,: (,:,'LJr1tY will jQ Friall -ed r'y t--c. City 0- Y I I (11-1c of the park by the Coin"y to the City and -te oar oy -.-ie "'A'y Co,incil. If the City acqu s any parks. playgrOL11-C-S, 0- S'-V -T'--' -1.:1 i-I We annexatior area. an appropri;31-e Cily evil .arovicic- r-,a services (10) Operation and Maintenance of any ether Publicly-Ownea, Facility, Building, or Service, Currently there are no such other publicly owned faGilities, buildings, or SeWices identified. If the City acquires any publicly ownea facilities, buildings, or services withir the annexation area, ar appropriate City department will provide maintenance services. (11 Planning and Zoning Services, � )-i r. anrinq sereices Currently provided When plats are, -SeFVICeS :0 Igo �"rQvocd-. The Ciky willrnpo�:& <.ind enforce zoring, sub6ivision deve-loornent and building ,7milotionn with the Annexed Arca ADD�the CffCGtiVQ 'LIZIte Of the annexa1or. I—itc'cernert wkl be i-i accordance vJth G' ty ---rdinances. Devolopment plans and plat-,far 1::rojecis with -I the Annexed Arca i bo rcvi 0,,ed f(,. (,nmpliarce with City standards. The Lse Of k-Ind ii r, ,A legal ---ar—ie, may co,it -i,ic- i acccrdurice wir.h Texas IL ical Government Code§4 3.002, (12) Other Muniripal Services: 4.9c TMS II'CIL,r-inq parks and library. will be avalable For ise by lands ,-arc- Ar-iex-mci Area on the same bass as Ouse facil�ties are., avail ib ca t--, current City landowr-ers and residents. City res dents receive prc.�-iiv for some City programs. Excluc ng gas and electric servi,-es. cti-er C-ity 9:;rvices --icluding Animal Cont* . Code Erifofcernent, MjnicMpal Court and Gf--i-A ri sI-ition se-vicas be also bo available to laridoaners and res cer-s in 41-c A11rexc-d A-ea ,.,r, Fi-�:. basis these acihties are available LU cur �!r,.,L C.1 y a n d own e rs and re si c c r's.Al I rather servi cuti rjc r i ter r plated herein will be availah, c ipon the of tc;tive date -..4 aw-exation. 10 of 16 b. Capital improvements. No additional capital improvements are necessa-• a' seivice the SJbjCGt Property in the same manrer a5 riirrii1:1r y �,'L.. .ri 0.) ,,0S U fvr -d ."r 010 P m ent of the Subject Prape-ty or redevelop—or: the Landcvl w; I t - sespons ble `or the development costs the t5arrie :j r:eveloper in a pari, s RMtr:cf ilrea unc:er the ordinances cn effect at the tame of r,clvc- .pment ,V_ re.,e- c° Ca, _af improvc-ment acquisition or construction will ecc it accaidancc v.11, Ea°p c eta , oAl-nnc es and regulations and the adopt,,--.' c�ao.'t° irnf:-0ve71ent p :any of Jie Ci--e. as may be (1} Water and Wastewater Facilities; 1Vater and VV@stcv ;Mer infrastructure, and improvomerts 'l Le consrructed by the I {and•),vraer or La-:do„nc•s developer according to 11-e k0oi puz3 Christi Unified Dr,.u op,-rent Codc r 'v k: 'l and Wastewater standards, and City's masts nl;vv; a� ,n.Ay hg anae-)Jed. (2} Roads and Streets- Road ar.d strer}t •7f l-:3st-iie .. e- anti nip-,-vcn- bo c:omA;uGtea by or L:i lidov rer's rse',rry ;a :.:::rcii'i-, ill t'".e Corpus Christi in fier C1avf-of7mr-7-it C c-.Ae , i!rr`w Aps g., stardar-1 alid C.-.vs m;nstor plans, as may ole amended. In goneral, the i,i,y will acquire contro of El' -Lib c F;- ;in:];in,i G:r.Ai., streets 'lthe anne)catior area upon anriexa'l Fl.'l_11--' exte7s.urs of -cads or strcaets a:,c: related facilities, such as traffic von ml ocv ccs :.l •I t•r�i City limits wi; be governed by the Ci',y's Oaindafd pca,�c es a.'ld p.r:Dced-res. (3) Street Lighting., greet Iightirg in -evv aril ck'i;tir c: ur."YJIV:-: Wlh- l be rnsta.Aed and r-air`a -.ECJ in .l he appiicable standard) pol cies and procedu res Scction 3. Schedule of Services in accordancc. 't,,th Loci. (3::4;-rnv-ne'it uccc 1l3 ,r , .. ,�:r�i -r. nt 7, are c,.:'at r:)atod nye this Agreement and u schr c:i.., c.! ;..r ,r ,v as co".ar-plated by Texas I clil C c,ver i hent Code § 43 :572�bl es rot ,i:)r:licabc 7s Niru sor•l deentified r - 'l ce p"caicicJ upon the offect"',"e date of annexatien. Section 4. Level of Scrviw M)'•ikI,, iii T .: �j--- eine,it `7a!l rcgi..'•t,. _1-r5 C." ; -ro-1 c e 11 ,i°. ic;rrq level of full rrunicipal scrv;ccs to c a,, it -.i : i of th,� C. 'v inclr,;.i nq t,ic annexed arra,; i`different characferistics 4A iclpoai<i[+y Iar.d uso. and populatiorn citisiy are vonsidured a sufficient basis foir providirc diff(rr--il csve.s of service. The City of Corpus Christi will provide services to the newly annexen area in a manner flat is similar in type, kind, quantity, and quality of service presently eraoyed by the citizens of 'hie Ciiy cal Corpus Chrisfi. Texas, who reside in areas of Sim tar topography land utilization and pop4rlation density 11 of 16 Suction 5. Vested Ijghts Claim. `IIs Agrc:vi is riot a permit for the purposes of 'Texas Local Government Code Section 6. Effective Term_ I-c erlil r,` 'his (the "-ferns'') os ten (10) years from the Effective Date. This 9 re,i, s uttcc'i' u ,son cxmution by 1h e City Scction 7. Forue Majeii I I seof an ermergenry• �Lioh`a o�fOrGe MjPRZ ,ns 711 .t-fin" is vcf� iod ir• I"i=: Agreement. it '.0iic;h i pity is forced to temporarily aivert is :end -eso_ii .a'vva''t 'i Vj ' 'le:xatlor area for hurr)anitai rx.rpases c,, of Tc t;cr1C':'ril 1;.;;,,ll;. 1--e City ilzaSJ to: take aVl reasonable I-easui to i-E�� vi'::e s is tl-e an-exa:io . area ,3f tl,o lcvcl described iri this r"�c; er'slr 'll as saon as posslr c F :;r(: hb':�ie{.:e sisals :i.t I1Q7 be IIrr ped to. ac' ,)a ?OU, �ac;ts of the Publ c Irs..ri on riot, ePiriertrirs. lana C; c.es, lightnir ear gin,lrakc:� sires sr=}rlrs; floods, °7r,°r c;:iic. arregi a-,.- restraint ,werrli arc ct-er ii t,5. Of t'lc C t','. V+1C.`I-t:_ :>irT` I.1- :f`r,_v C-inleratcd cur:� -E-:,-a su �,+ 9C- ., -.c,t ':. 'h7i i 'h {:- cm..r`i C.I (7` .Ile 'ItSj _nava la.� .w ca ' funds shall r~.)` :-.0IIS' r,�t'_ I :)rce `o' Section 8. Legal Construction. 9 7rC'.,<;i:;r '1 I iL� ,,.lee'rrt li IS to a'1'r 'caaon fOLITK' r.} h.{: ,,'ier ,.re:ea`ol to t'�r ext}nf the .wc-,iforccaL'l .y ocu—_4 7,.° _(.,!;lr--.v h'e bans a-�¢ t"C :)ai altar: c '.'Ie pFovi� oI' bV Il °1D:a ffcc, Eviy cit"7�'r pr{J'',+..I;]r a nerec3 , and 'I IS Agreement :,ri --.e vvrSt.%ed as i, #'ac° r.', 'Ifc;ltse,�,:;- ur_-�'�Isior had rear cl+P ;r par- of the Ac]"C'.c'.rT!ent. Whenever context req.Aii to !� -gilar, will include the plural tar:: nr;.jter 1r=1LIJe we masculine or 'fe-iinine gender, arc v ce versa. He Tclira on this Ag,ee-i--ant rare: fc_• refereice only a-ci are not ir)#eno(,d to restricl or define the text of ar'� f'.Is � .grccmcr # 'I h(i construed more or less favorahly bet'.deen the Part:Ies by Of authorship or on.-in of language. Sectian S.Amendment and Modificationa, f his A.,j tic `rant ri a )e a.xlerded or ens^ fir-c: !7.n''r iin a writtars instrument that is executed ..v L}ut's =hu f}i+,r and .hrw Iarl;t{w-ries or"antJ1'V hers a�lor it has been authorized by the City Section 10. Effect of Feature Laws. the law -para 7; anrcxation shay l affect the enfUrceability of Ih'i. Agreenle - Section 11. Venue and A ppl ica ble Latin. Vcr7ll;aPi f'IiS Ag•eere^1' =hall bc: in N c:is !: L,"ly hex: s. Ihis Agreement shall be tsc„ s'rIers a�t'r:r tarsi ir' }{:{::; :ia• woh the laws cii it c; Bute.'ul Te_xC-v;- 12 of 16 Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Section 13. Entire Agreement This Agreement contains the entire agreement between the 'Parties relating to the rights herein granted and the obligations herein assumed arx: cannot be waned except by written agreement of the Parties. Any oral representation o, mocffrcation concerning this instrument shall be of no force and effect except fut arty subsequent modification in writing, signed by the Party to be charged. Section 14. Singing Effect/Authority Tnis. agreement And irrtrrev ti,, °roe hprwQfrt of the PaMpQ% and their reGpwwtive heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreeryr e.rit is legally authorized to bind the respective indivdual or entity for the purpose ,srablished herein. CITY OF CORPUS CHRISTI LANDOWNER -�7� By: By: Petgr Zanon Sus laws City Manager Executive director Agape Ranch Date: " + bate: APPROVED A5 TO FORM BT- -�� &� i?,ck Brice _^ e '.ssistant City Attorney f . t i- (�ry Attorney 13 of 16 EXHIBIT A METES AND BOUNDS 10.817 a c rn.% Field note's of a 10 617 ;i,', L' r i;'1 t-r irr;; ,. ;�r ar 60'0 acrc t-act descriii in -:� deed recorded in Document i 20'60: ,32.3:1. (}ttiv,a. i Rc cords NUeces County, Teuas. ano a' cr iout of a 3 47? :i„rr:tract described in a deed recorded in Doc umcit No. 20 2 10102 859. Ofif a �'r.b'c irc IN Ueras C0tint-r Texas. Said 10.817 acre Ir;ar.' 1,eing oLit of Se(;io-r ' :j Le 1rr-Tr";c;'.t: r.bdivisic n. as sha'.�"+n an a maps recorded n 1rValume 3, Pa4Ic 15. V.ao Heloru6Co..- County, Texas. Said 10-817 acre tr<ac.' :,eing more ii'I('L. ;.-It' :(-2";:,r t):�;; ;):. '01 ,m L: BEGINNING at a point in the east right Cr :,:ik Of County Road 33, for the northwest corner of La=2, Block 17, London Towrc Sj-.c vis ;'r -ni- 1, as shown on the plat recorded in Volume 69, Pages 493 -494. kla i Re,,c,rds Nueces County, Texas, and for the southwest corner of this tract. THENCE with the common line of the east right ref 4'1;a^y of 133, and this tract, North 20'19' 51" East, at a distance of 3?9.42 tae: r.a�s a -c-bar found previously set 14.20 fleet to the left. and in a I a total d.st;ince a' ")'32 Y, feet to a point in the east right of xray cf County 133. in tho south int of a 54 00 tract described in a deed recordec in Document No. 2020001025, Officiai Public. Records Nueces County, Texas, and For tl,e n.)rti corner of this trod, frc'n WHENCE a 518" re-bar found .n the west right of Way of County load 3:3, and for the northwest corner of said 3.472 acre, bears oath 59°12'46' West, at a [kmanCe of 15 .4' Nass a 518" re bar found previously set. and in all a total distance of 54.20 feet THENCE with the Common lime of,,; id 64 00 acre tract aired this trait, 189"12'46' East. a distance of 836.36 feet to a 5.8' re-bar fount iin the crest line of a 308.99 acre W0 desrrii in a df-ed rec'nrdod in Doc:i,ment 'do 941943, Offinial RE�(xirds Nups ,Ps County, Texas, for the northeast corner cf sant 3.472 acre tract, and for t 1e northeas- conn-r of this Iran- frorn WHENCE o 5,f8" re-bar `Grund ir. the east line of said 64.00 acre tract, hears North '8'0,3'22" East. a distance of 299.26 feet. THENCE with the co—mon lire of said 308 99 acre tract Ei-J this tract, South 18"03'22" Vest a' a distance of 145.03 feet sass a 5,0" re--arfc-t,rr areviously set for an outside c:rnrwr c;f !;:ii-. 3 47� a 'rr= 'r;ir;' :ird Al _ %: t:a1 dis :nt.�-! 525 44 feet to a point for =rze soutl,vvest .=crner u's d 30 acre :rain, and for the southeast corner of this THENCE with the south Iine of this tract, South 89°12 "5?"West. at a distance of 274.72 feet pass a 5/8" re-bar found for the northwest corner of Lc: 15. o'said Block 17, at a d stance of 374.76 feet pass a 518" re-bar found for the -)orthwest cer'ler of Lot 13, of said Black 17, at a distance of 574.78 feet pass€r 518" r;;-i found for thu northwest corner of Lot 9, of said F3locrc 17, at a distance of 774.84 feet pass a 50' re- 14 of 16 bar tOund for the northwest comer cf Lot 5, of said Black 1., and in all a total d stance of 958.71 fcot to the POINT of BEGINNING. and containing 13 817 acres of laid. more or less. Nates: 1 A P Z1P Of f-(IriA I dAtO n(,,no rn pa n ie.-; this Motc, and 3cDur-ds ifrti�Dn 2 Set 5f8" re-bar = steel re-bar set with 'yellow plastic cap labeled Baster Surveying. 3 ; This eyhibii ..oes not represent an or Chi grpund hnundary ,-.rvey 4Moasured bearings are based on global positioning system NACU 83 (x'3) 4205 DATU Pel. 15 of 16 F,XHIF311 P ANNE-XA 11()N AAF A MAI r rr _f y r +r' Annexation A►+a �p r / 1 . 1 Masao- 19� f milli 16 of 16 `,+� s Ow 1 A. w�►. AGAPE RANG 5151 Flynn Parkway,Suite 106,Corpus Christi,TX 78411 361.742.6330•www.agaperanch.org June 13, 2022 Corpus Christi Planning Development 1201 Leopard St., 4" Floor Corpus Christi, TX 78401 Whom It May Concern, Agape Ranch is voluntarily submitting application to request the annexation of two plots Property ID 545697 (8 acres) and Property ID 594732 (3.472 acres). Please accept our submission for your consideration. Thankou usan Klaus Executive Director ZONING REPORT Case # 0423-03 Applicant & Subject Property City Council District: District 3. Owner: Agape Ranch Applicant: Agape Ranch Address: A property at or near 2738 London Pirate Road (County Road 33), located along the east side of London Pirate Road (County Road 33), south of Oso Creek, and north of FM 43 (Farm to Market Road 43). Legal Description: 3.47 Acres out of Lot 5, Section D, Laureles Farm Tracts and 8 Acres out of Lot 5, Section D, Laureles Farm Tracts. Acreage of Subject Property: 10.81 acres. Zoning Request From: "FR" Farm Rural District (established upon annexation) To: "RS-6" Single-Family 6 District Purpose of Request: To allow medium-density residential development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site Interim "FR" Farm Rural Vacant Medium-Density Residential (est. upon annexation) North "OCL" (Outside City Limits) Vacant Medium-Density Residential Vacant, South "RS-4.5" Single-Family 4.5 Low-Density Residential Medium-Density Residential (London Towne Unit 1) East "FR" Farm Rural Government Government (JC Collection Ctr) Vacant, West "RS-4.5" Single-Family 4.5 Low-Density Residential Medium-Density Residential (London Towne Unit 1) Plat Status: Not platted. The preliminary plat was approved on September 7, 2022 Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None. Transportation and Circulation For London Pirate Road(County Road 33) Designation-Urban Section Proposed Section Existing London Pirate Street Road (County 2 Lanes, 2 Lanes, Width varies. Road 33) "Cl" Primary Collector 60 feet 40 feet (at property frontage) Transit: The Corpus Christi RTA does not provide service to the subject property. Bicycle Mobility Plan: The subject property is approximately 3 miles west and south of any proposed mobility infrastructure. Utilities Gas: A 4" PE active distribution gas line exists along the west side of London Pirate Road (County Road 33). Stormwater: None exist. Wastewater: An 18" PVC wastewater line exists along London Towne Boulevard with a stub- out at the east side of London Pirate Road (County Road 33). Water: A 16" PVC water transmission line exists along the west side of London Pirate Road (County Road 33). Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the London Area Development Plan (Adopted on March 17, 2020). Water Master Plan: A 16" water line has been proposed along London Pirate Road (County Road 33) from FM-43 (Farm to Rural 43 Road) to Oso Creek. Wastewater Master Plan: An 18" line has also been proposed through the London Towne Unit 1 subdivision, east to west, along the north side of Thames Chase Drive. A 16" PVC line is under construction at the tract east of the subject property. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 49 within a 200-foot notification area • 4 outside 200-foot notification area In Opposition . 1 inside the notification area (1 .18 % in opposition within the 200-foot notification area.) • 0 outside the notification area Public Hearing Schedule Planning Commission Hearing Date: May 17, 2023 City Council 1St Reading/Public Hearing Date: June 27, 2023 City Council 2nd Reading Date: July 18, 2023 Background: The subject property is an 10.81-acre tract of land in the London Area; within the extra- territorial jurisdiction of the city bounded by the Oso Creek to the north, FM 763 (Farm to Market Road 763) to the east, and County Road 18 to the south. The property is located along the east side of London Pirate Road (County Road 33), immediately north and west of the City's limit, north of FM 43 (Farm to Rural Road 43), and south of Oso Creek. Zoning Report Page 3 The applicant is seeking to develop the subject property into a residential subdivision and requested on June 13, 2022 that the City annex their property by petition. The London Area is the only "OCL" (Outside City Limits) area with a development plan due to its anticipated growth. The "FR" Farm Rural District has a minimum 5-acre lot requirement, while the "RS-6" Single-Family 6 District requires a minimum lot size of 6,000 square feet. The subject property is vacant and outside of the City's boundaries. North of the subject property is a vacant "OCL" (Outside City Limits) tract of land. To the west and south is the London Towne Unit 1 subdivision that is zoned "RS-4.5" Single-Family 4.5 and has a low- density residential use. The property to the east is zoned "FR" Farm Rural District with government use. The preliminary plat approved by Planning Commission on September 7, 2022, Agape Ranch Unit 1 , lays out a residential development characterized by 26 homes and an approximately 2- 1/4- acre open space. Comprehensive Plan Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers of the Comprehensive Plan (Plan CC): • Housing and Neighborhoods: o The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions with a lack of interconnection. ■ Consider consideration to regulations, projects, incentives, and guidelines that promote interconnected development, such as developments with a well-connected street network or appropriate connections to neighboring subdivisions, destinations, or bicycle/pedestrian facilities. • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Encourage orderly growth of new residential areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Annexation plans provide for orderly growth: ■ Support policies and regulations that ensure orderly development in annexed areas, as rapid unorderly growth can cause numerous urban problems that include traffic congestion and the inability to mee infrastructure needs. ■ Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the developmental objectives of Corpus Christi and to achieve orderly growth. ■ Land should be annexed so that all structures are constructed in accordance with building, plumbing, electrical, and other city codes, which are designed to ensure public health, safety, and welfare. ■ Annexation should occur so that impacted areas benefit from public health programs, zoning laws, police, and fire protection, and so that new developments may be planned and linked to the municipal water supplies, wastewater, and storm drainage systems. ■ Use annexation power combined with minimum lot size in zoning and infrastructure policy and strategic city investments in infrastructure to promote order and efficient development in the ETJ. • London Area Development Plan: o Maintain and encourage a tight-knit community character that features large residential lots, low levels of development, and open spaces. o Promote sustainable growth. Future Land Use Map Consistency: The proposed rezoning is consistent with the Future Land Use Map for the London Area. • Designated Future Land Use: Medium-Density Residential. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: o The rezoning request is consistent with the comprehensive plan Plan CC. o The development is appropriately sited and contains features that will contribute and promote the neighborhood consistent with the ADP (Area Development Plan). It will not have any adverse impact on the surrounding properties or negatively impact the neighborhood. o The requested use is compatible with the adjacent land uses. o The property is bounded to the south and west by the London Towne Unit 1 subdivision. Northwest of the subdivision is a recently annexed property that is zoned "RS-6" Single-Family 6 District. o The proposed rezoning is consistent with the FLUM's (Future Land Use Map) designated medium-density residential use and many broader elements of the City of Corpus Christi Comprehensive Plan. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission and Staff Recommendation (May 17, 2023): Approval of the change of zoning from the interim "FR" Farm Rural District established upon annexation to the "RS-6" Single-Family 6 District. Attachments: Attachment A-Existing Zoning and Notice Area map. Attachment B-Returned Notice Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA a X"" ti FR 0 1 Z y SUBJECT PROPERTY 5 � � 49 $ 9 10 f9 12 13 14 95 16 17 18 19 jj+,j223839 JL 41 42 433 7 - - - — — — — — — — — s - 37 — 23 24 25 26 27 28 29 30 37 32 33 34 35 36 44 45 46 47 48 V R -4.5 CARNABY ST z oC w CIO Date Created:4/20/2049 0 7-5 7 F et Deparrmenr of oeveropmenr'services Case # 0423-03 ZONING & NOTICE AREA 4 RM-1 Multifamily) IL Lightlndustrlal / RM-2 Multifamily2 IR Heavy lndastrlal SUBJECT RM-3 Multifamily3 PUD Planned Unit Dev.Overlay 3 ON Professional Office RS-1a Single-Famlly 111 2ROOERT RMAT Multifamily AT RS-6 Single-Family s f U CN-1 Nslgh borhood Commercial RS-4.5 si,gie-ramlly 4.s CN-2 Neighborhood Commercial RS-TF T—Farrlily `--- r CR-1 Rs so rt Commercial R-15 S Single-Famlly 15 CR-2 Resort Commorclal RE Residential Estate ---- CG-1 G one rat Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit J \- CI Inta-w.Commercial RV Recreational Vehicle Park l CBD Downtown Commercial RNIH Manufac[u red Home / CR-3 Ra-tCertlm—Al FR Farm Rural H Historic Oveday N BP Buelnasa Park �+� wn saoiect Pe "Y orUnera7 � wan2oeoorrer QCity of ownerevrmi oo uy(ede ovine LOCATION MAP ChrpuR Christiattached ownership[ebk X,n opAosAlon .11SCL ATTACHMENT B: RETURNED NOTICE PUBLIr, HEARING NOTICE CIT`. ` 4 or4G %:OMMISSION Rezoning Case No. 0423-03 Agape Ranch has petitioned the City of Corpus Christi to consider a change of zoning for a property being annexed into the City of Corpus Christi from the interim "FR" Farm Rural District, established upon annexation, to the"RS-6" Single-Family 6 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A property located at or near FM 43(Farm to Market Road 43)and London Pirate Road(County Road 33) and described as 3.47 acres out of Lot 5, Block D, Laureless Farm Tracts; 7 acres out of Lot 5, Block D, Laureless Farm Tracts; and 1 acre out of Lot 5, Block D, Laureless Farm Tracts, located along the east side of London Pirate Road (County Road 33), south of Oso Creek, and north of FM 43 (Farm to Market Road 43). See the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be • held on Wednesday, May 17, 2023, during one of the Planning ��• Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public ■+• •• hearing to express your views on this rezoning request. ti The Planning Commission may recommend to the City Council approval or •.r denial, or approval of an intermediate zoning classification and/or Special �� r Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361) 826-3240. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado, habra un interprete en la junta para ayudarle. Para mas informaci6n, favor de Ilamar al Departamento de Servicios de Desarrollo (361) 826- 3240. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. To be on the record, this form must be filled out, signed by the current property owner(s), and returned in its entirety via mail to the return address on this notice or via email to zoning. @cctexas.com. Property Owner(s) Name: 77yc.5r.a L . C!'o S S Address: /2022 Phone No: V>6/`Ic/b �S' ( ) IN FAVOR ( `IN OPPOSITION REASON: A0 tN 0-C 'atV0lf?e'ite%IS E"-�J 1 h.ono/-n 1r, r�T k4- 1 fowl-s -I-d Si r sC�-vo �ra�c�M it j n Case Manager:Saradja Regfstre Email:saradjar&ctexas-corn Phone:361-826-3574 INFOR Case No.23ZN1011 Property Owner 10 41 �0_0M ,�k �- Agape Ranch Annexation and Rezoning Case #0423-03 10.817 acres in the London Area Owner-petitioned annexation & Rezoning request from "FR" Farm-Rural to "RS-6" Single-Family 6 District City Council Presentation June 27, 2023 Annexation Background rfr • The Texas Local Government Code Section 43.028 allows a property owner to petition for annexation. • A petition requesting annexation was received from the local non-profit group Agape Ranch, landowners of the subject tract. • All public notice and service provider notice requirements for annexation and rezoning have been met. • Municipal Service Plan Agreement was developed • On May 17, 2023, the Planning Commission held a public hearing on the rezoning and recommended approval of the request. Location Map ti-7 , r Legend =J City Limits NSap,Rand: COO City of Corpus Christi � Solid Waste Dept �aLa�'dtarvch�M g .,, i w`� � Churc :Y.I L..... U limite -- n ISD 3 Subject Property lti-7 , \ ' B1,11-1.r -s r 'a ; zaaa ' Annexation Area I y , I Legend 1cryu"U Agape Ranch 1!91® 0 250 500 1,000 BdR II I A W feed ' - ,.,iionnn...■mu iai�llllll 111111111111111111 IIIIIPn l.;. 1111111111111111 1111111111■.�IIII t 4 ter: Proposed Development Plan Agape Ranch Subdivision: Agape Ranch is a non- profit organization gP! 10.817 acres "RS-6" District proposed •• 24 single-family dwellings will be constructed over time as donations permit Homes will be occupied by area foster ' a families 5 :r Zoning and Land Use Proposed Use: To allow for a residential development. Area Development Plan: London Area Development Plan (March 17, 2020) `R Future Land Use Map: BME64 09/11/1995 Medium-density residential PROFEWY Q� Existing Zoning: Interim "FR" Farm Rural (Est. upon annexation) 0 THAMES CHASE DR Adjacent Land Uses: �3 North: Vacant, "OCL" (Outside City Limits) R .1.5 • South: Residential, Zoned: "RS-4.5" 07/29/2019 -..._._ CARNABYST • East: Government, Zoned: "FR" x West: Residential, Zoned: "RS-4.5" IC 20[LILLE6 - Public Notification Lrr 49 Notices mailed inside 200' buffer 4 Notices mailed outside 200' buffer M V Notification Area a~ C 2 Opposed: 1 (1 .18%) !,3UBj1E64 Separate Opposed Owners paop� 5 - U 9 H i0 fi 12 f3 f4 15 16 1) 1B f9 20 31 2T JH P� d0 Of 92 03 L 8 In Favor: 0 (0.00%) Qy � CARNABY ST Z C � s w 7 r. 7% Rezoning Analysis and Recommendation o The proposed rezoning is consistent with the FLUM's (Future Land Use Map) designated medium-density residential use and many broader elements of the City of Corpus Christi Comprehensive Plan. o The "FR" district allows low-density uses and the "RS-6" district allows medium-density uses. o The proposed rezoning will not have any adverse impact on the surrounding uses. The requested use is compatible with the adjacent land uses. o The development is appropriately sited and contains features that will contribute to and promote a neighborhood consistent with the ADP (Area Development Plan). Recommendation: Planning Commission and Staff recommend approval of the change of zoning from the "FR" Farm Rural District to the "RS-6" Single-Family 6 District. s 41-*71 Staff Recommendation L1s_ Approval of the requested annexation and rezoning . l II� I d"l �II f. 1 y F. �M V SUBJECT � PROPERTY 77 IIS 2 , O z THAMES CHASE DR a A. v RS-4. 5 C7 C CARNABY ST _ _ z W 0 I"' I -7-5 m 750 Flpar Dale Crea[ed:4/20/2023 en et - De [men[of Deve/opmen6Seryices Case # 0423-03 Aerial with Subject Property SUBJECT PROPERTY" I Subject _ U Property j 11 -- IYI��hIYI Map Scale:1:2,600 S City of Corpus LOCATION MAP Christi se AGENDA MEMORANDUM v Public Hearing & First Reading Ordinance for the City Council Meeting 06/27/2023 Second Reading Ordinance for the City Council Meeting 07/18/2023 NOOHPOP Pt E 1852 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 149 Mustang Island Estates Drive CAPTION: Zoning Case No. 1122-01 Mustang Island Estates, LP, (District 4). Ordinance rezoning a property at or near 149 Mustang Island Estates Drive from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). SUMMARY: The purpose of this rezoning is to allow for a spirit, wine, and beer store (retail). BACKGROUND AND FINDINGS: The subject property is 0.79 acres in size. To the north, south and east are vacant properties zoned "RM-AT" Multifamily Apartment Tourist District. To the west is a vacant property zoned "CR-2" Resort Commercial District. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposes approval of the change of zoning. The property owner has initiated amendments to the HOA restrictive covenants to prohibit liquor stores; however, all uses allowed by right in the "CN- 1" Neighborhood Commercial District will remain. The "CN-1" Neighborhood Commercial District allows office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 square feet in gross floor area. Conformity to City Policy The proposed rezoning is consistent with the Future Land Use Map which designates the property as Planned Development and is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed 10 within a 200-foot notification area 4 outside notification area As of May 23, 2023: 1 n Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 1 outside notification area Totaling 2.46% of the 200-foot notification area* is in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200 feet therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition ALTERNATIVES: 1. Denial of the rezoning from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the change of zoning from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District on November 30, 2022. Vote Count: For: 6 Opposed: 1 Absent: 2 Abstained: 0 Staff recommends approval of the change of zoning from the "RM-AT" Multifamily Apartment Tourist to the "CN-1" Neighborhood Commercial District. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1122-01, Mustang Island Estates, LP, (District 4). Ordinance rezoning property at or near 149 Mustang Island Estates Drive from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being Lot 11 , Mustang Island Estates, as shown in Exhibit "A": from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. The subject property is located at or near 149 Mustang Island Estates Drive. Exhibit A, which is a map, is attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 4 Exhibit A CR- 2 9 SUBJECT 0 RSM-%4,r F op CASE: 9922-09 N � I. SUBJECT PROPERTY WITH ZONING 5 Subject Property A-1 Apartment House District 1-1 Limited Industrial District � Al Apanment House Distinct 1-2 Light Industrial Disinct A-2 Apartment House District 13 Heavy Industrial District i AB Professional Ottice District PUD Planned Unit Development AT Apartment-Tounst Dislncr R-IA One Family Dwelling Distract SUBJECT\ B-1 Neghborhood Business District R-18 One Family Dwelling District PROPERTY B-tA Neighborhood Business District R-1C One Family Dwelling District -- B-2 B^t BusinessDistrict R-2 Multiple Dwelintric g Dist B-2A B Island B ss Distract RA One Family Dwelling Distnct B-3 Business Distnd RE Residential Estate District / B-0 General Business Disinct R-TH Townhouse Dwelling Disinct •1_ B-5 Pnmary Business Disinct SP Special Permit Bus Primary Business Care District T-fA Travel Trailer Park District BD corpus Christi Beare Design Dst. T-B Manufactured Home Park District O�I ly of F-R Farm RumllDismct THC Manufactured Home Subdivision C0t7puS Esri,HERE, HC HistcricarculturalLandmark District Christi LOCATION MAP Pressr,stion Page 4 of 4 ZONING REPORT Case # 1122-01 Applicant & Subject Property City Council District: 4 Owner: Mustang Island Estates, LP Applicant: Mustang Island Estates, LP Address: 149 Mustang Island Estates Drive Location: Along the south side of Mustang Island Estates Drive and east of State Highway 361 . Legal Description: Lot 11 , Mustang Island Estates Acreage of Subject Property: 0.79 acres (34,257 SF) Zoning Request From: "RM-AT" Multifamily Apartment Tourist District To: "CN-1" Neighborhood Commercial District Purpose of Request: To allow for a spirit, wine, and beer store (retail) Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site North "RM-AT" Multifamily South Apartment Tourist Vacant Planned Development East West "CR-2" Resort Commercial Plat Status: Property is platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): No Code Violations: None Transportation and Circulation Designation-Urban Section Proposed Section Existing Mustang Island Street Estates Drive To be maintained by Private HOA 70-feet (Per Plat) State Highway "RA3" Rural Arterial 4 Lanes, 2 Lanes, 240-feet Center turning Lane, 361 Divided 50-feet Transit: Route 65 Padre Island Connect passes the subject property but no stops near subject property. Utilities Gas: No service line exists. Stormwater: 18" storm pipe at the northern and southern ends of the subject property. Wastewater: To be provided by Port Aransas. Water: A 12-inch ACP waterline exists along State Highway 361 Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Padre/Mustang Island ADP (Adopted on June 29, 2021). Water Master Plan, Wastewater Master Plan, and Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 10 within a 200-foot notification area • 4 outside 200-foot notification area • Zero mailed notice was returned in favor or opposition. In Opposition . (1) owner inside the notification area opposed the request (2.46 %-Owner 7) during the November 30, 2022 Planning Commission meeting. • (1) owner outside the notification area opposed the request during the November 30, 2022 Planning Commission meeting. Public Hearing Schedule Planning Commission Hearing Date: November 30, 2022 City Council 1St Reading/Public Hearing Date: June 27, 2023 City Council 2nd Reading Date: July 18, 2023 Background: The subject property was platted in 2003 with streets and sidewalks on Mustang Island Estates to be maintained by a property's owner association. Comprehensive Plan (Plan CC) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Future Land Use, Zoning, and Urban Design o Promote a balanced mix of land uses to accommodate continued growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Encourage orderly growth of new residential, commercial, and industrial areas. Zoning Report Page 3 Future Land Use Map Consistency: The proposed rezoning for commercial use is consistent with the Future Land Use Map (FLUM). o Designated Future Land Use: Planned Development Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: o The proposed rezoning is consistent with the Future Land Use Map and is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. o The proposed development is compatible with the surrounding uses. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission and Staff Recommendation (November 30, 2022): Approval of the change of zoning from the "RM-AT" Multifamily AT District to the "CN-1" Neighborhood Commercial District. ATTACHMENT A: EXISTING ZONING AND NOTICE AREA s � `C�gycr CR- 2 si 1 �}, 4 F� � 5 'su� Er,, PROP,EF?TY 6 RN!-AT J 7 id 9 CASE: 1122-01 Zoning and notice Area `,15, RU-1 Muhifamily1 IL Light Industrial RM-2 Multiifamilg2 IH Heavy Industrial RMI Muhrfamily 3 PUD Planned Ifni[Dev.Overlay ON Professional Office RS-10 Single-Family 16 RM-AT Muhnfamily AT R5-G Slagle-Fsmllys CN-9 Neighbortwod Cammerdal RSd.S Singk-Family45 CN-2 Neighborhood Comrnerdal RS-TF Toru-Family CR-1 Resat Carcnercial RS-15 Single Family 15 CR-2 Resort CorrvnerdARE Residential Estate CG-1 Generalommercial RS-T.CTownhouse ,a CG-2 Geneval CotmierclalSp Special Permit Cl Intensive Camierrial RV Re eational Vehide Park Sqq ECT\ CBD Downtown C—erdal RMH Manufachrad Hare PRipPE12TY CR-3 Resort Conrnemial FR Farm Rural HHistoric&ierlay ,m BP Business Pk ,� �9 ss er P c7�T1 q cwnn5 ¢ow crw r zx,es�- y anew Citti of Y.i Y ra a:acre4aaners4y.ranre A,n o3,y1xI [[YTII.ti I .�,,r,U ChI-9511 E ,HERE. LOCATION MAP' Zoning Case 1122-01 d� } Mustang Island Estates, LP, DISTRICT 4 Rezoning for a property at 149 Mustang Island Estates Drive From "RM-AT" to "CN-1" 6 c �z � Ff s SUBJECT\ +. ' PROPERTY r` + 0t,of "I.scan 57 Esn,HERE,Gama, (tn�iusN a Christi °T'" LOCATION MAP` City Council June 27, 2023 Zoning and Land Use N 1 Proposed Use: RM-AT Retail Sales (Spirit, Wine, and Beer Store) Area Development Plan: Mustang/Padre Island CR-2 (Adopted June 21, 2021) Future Land Use Map: Planned Development a N Existing Zoning: ap "RM-AT" Multifamily AT District RM-AT Adjacent Land Uses: • North: Vacant (Zoned: RM-AT) • South: Vacant (Zoned: RM-AT) • East: Vacant (Zoned: RM-AT) • West: Vacant (Zoned: CR-2) Public Notification 10 Notices mailed inside 200' buffer N 4 Notice(s) mailed outside 200' buffer (Zero mailed notice was returned) Notification Area Opposed: 1 (2.46%) z °S9�cs9 CR-2 Separate Opposed Owners. 1 "°Fs 9� In Favor: 0 (0.00%) Two nearby property owners opposed the request at the R M-a r Planning Commission meeting. The concerns expressed included neighborhood and traffic safety, and costs associated with security measures. 1. Owner at 109 Mustang Island Estates Drive (beyond 10 X notification area)and a member of the same household. 2. Owner at 133 Mustang Island Estates Drive. "Notified property owner's land in SQF/Total square footage of all property in the notification area = Percentage of public opposition. Analysis And Recommendation o The proposed rezoning is consistent with the Future Land Use Map and consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. o The proposed development is compatible with the surrounding uses. o The property owner has initiated amendments to the HOA restrictive covenants to prohibit a liquor store; however, all uses allowed by right in the "CN-1" Neighborhood Commercial District would remain. PLANNING COMMISSION & STAFF RECOMMENDATION: Approval of the change of zoning from the "RM-AT" Multifamily AT District to the "CN-1" Neighborhood Commercial District. - � w 9Z SUBJECT CASE: 1122-01 N W*11 Aerial View S Subject Property SUBJECT\ PROPERTY City of Esri,HERE,Garmin, Corpus GeoTech Christi LOCATION MAP se o H v AGENDA MEMORANDUM NOgpOPPt EPublic Hearing and First Reading for the City Council Meeting of June 27, 2023 1852 Second Reading for the City Council Meeting of July 18, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 910 Corn Products Road CAPTION: Zoning Case No. 0423-01 , Corpus Christi Party Hotel, LLC (District 1). Ordinance rezoning property at or near 910 Corn Products Road from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). PURPOSE: The purpose of this item is to rezone the property to allow for the conversion of a defunct hotel to workforce housing apartment units. BACKGROUND AND FINDINGS: As detailed in the zoning report, the subject property is 4.51 acres in size. To the north, land uses are high-density residential, zoned "CG-2/SP" General Commercial District with a Special Permit. To the south, properties are vacant and zoned "CG-2" General Commercial District. To the east, land uses are low-density residential (mobile home park) and zoned "RS-6" Single-Family 6 District. To the west, land uses are light industrial and zoned "IL" Light Industrial District. The "CG-2" General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales and services, and water-oriented uses. The proposed rezoning is inconsistent with the Future Land Use Map but is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed: 27 within the 200-foot notification area, 2 outside the notification area As of June 6, 2023.- In 023:In Favor In Opposition 0 inside notification area 3 inside notification area 0 outside notification area 1 outside notification area A total of 0.64% of the 200-foot notification area is in opposition. RECOMMENDATION: The Planning Commission and Staff recommended approval of the change of zoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit (April 5, 2023). Vote Results For: 9 Against: 0 Absent: 0 ALTERNATIVES: Denial of the change of zoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0423-01, Corpus Christi Party Hotel, LLC (District 1). Ordinance rezoning property at or near 910 Corn Products Road from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being Lot 4, Block 5, Interstate Industrial Complex as described/shown in Exhibit "A": From the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit. The subject property is located at or near 910 Corn Products Road. Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance. The Special Permit granted in this Section of this ordinance is subject to the following conditions: 1 . Density: The maximum density of dwelling units shall not exceed 240 units. 2. Parking: One parking space shall be provided per dwelling unit. 3. Driveway stacking: A minimum of 40 feet of stacking shall be provided before the entrance gate. Any controlled access points shall remain open from the hours of 6am to 6pm. 4. Buffer Yard: A buffer yard will be required along the eastern property line as per Section 7.9 of the Unified Development Code (UDC). 5. Other requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 4 Exhibit A a 'Q J_ �W J tQ CG-2 I L e� QJ �O Q RS- 6 v SUBJECT PROPERTY Q LU Q • � CG-2 �F�pgR �ST CASE: 0423-01 �� N SUBJECT PROPERTY WITH ZONING Subject h" Property A-1 Ap ihn ern Huuse D mct 1 i Limited Indusmal Distuct A-1A Aparh-ent Ho se Dstrict I-2 Light Indusmal District A-2 Aparhnent House Distract F3Heavy Industrial Distinct A@ Pmfessional 011ie District PUQ Planned Unit Development _ AT Aparhnent-TounstQiemct R-IA One Family Dwelling Distract SUSJECT� B-1 NeighbndpmBnem—DismM R-tB One FamityEwe ningDistract PROPERTY B-1A Neighborhood Business District R-1C One Family Dwelling Distract i a B-2 @ m l B -n Dise Di R-2 M e F iw De el District ' 6-2A @ - I I d B - ss Distract RA O F -ty Dw II n9 Qistracl a B-3 Businese Dst-t RE Residential Estate Distract Bd General Business District R-TH T-house Dwelling Dismct ■ "'«`•'" ' B-5 Pramary Business Distract SP Speed Permit BE Primary Business Care District T-tA Travel Trailer Park District BD Cereus r�1u Christi Beath Design Disa_ T-13 MannF—t—d Horne Park D6nict Citv Of Esti,HE RE F-R F.- .lDismct T-1C ManurantumdHomesubdi—een CO � `"^` LOCATION MAP = HC Histmical-Cultural Landmark Dislriet ^ t»n - Preservation Page 4 of 4 ZONING REPORT Case # 0423-01 Applicant & Subject Property City Council District: 1 Owner: Corpus Christi Party Hotel, LLC Applicant: Corpus Christi Party Hotel, LLC Address and Location: 910 Corn Products Road, located along the east side of Corn Products Road, south of Interstate Highway 37, and north of Leopard Street. Legal Description: Lot 4, Block 5, Interstate Industrial Complex Acreage of Subject Property: 4.51 acres Zoning Request From: "CG-2" General Commercial District To: "CG-2/SP" General Commercial District with a Special Permit Purpose of Request: To allow for the conversion of a defunct hotel to workforce housing apartment units. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CG-2" General Commercial Commercial Commercial "CG-2/SP" General North Commercial with a High-Density Residential High-Density Residential Special Permit South "CG-2" General Vacant Commercial Commercial East "RS-6" Single-Family 6 Low-Density Residential Medium Density Residential (Mobile Home Community) West "IL" Light Industrial Light Industrial Light Industrial Plat Status: The property is platted. Air Installation Compatibility Use Zone (AICUZ): Not located in an AICUZ. Code Violations: None. Transportation & Circulation Designation-Urban Section Proposed Section Existing Street Corn Products Road A2 4 Lanes, 4 Lanes, Center grassy median Secondary Arterial 100 Feet 180 Feet Transit: The Corpus Christi RTA provides service to the subject property via Bus Route 32 Southside with a bus stop (Leopard @ Violet) approximately .5 miles to the north of the subject property. Zoning Report Page 2 Bicycle Mobility Plan: The subject property is approximately 1 mile to the west of a proposed 1-Way Cycle Track on both sides of Lantana Street. Utilities Gas: A 6-inch gas service line located along the east property line. Stormwater: A storm ditch located along Corn Products Road. Wastewater: An 8-inch PVC along the east property line. Water: An 8-inch Asbestos-Cement Pipe (ACP) service line located along Corn Products Road. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Westside ADP (Updated in December of 2022). Future Land Use Map: Commercial Water Master Plan: Currently, there are no proposed improvements. Wastewater and Stormwater: Currently, there are no proposed improvements. Public Notification Number of Notices Mailed — 27 within the 200-foot notification area — 3 outside the 200-foot the notification area Returned Notices: In Favor — 0 inside the notification area In Opposition — 2 inside the notification area 0.64% in opposition within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: April 5, 2023 City Council 1St Reading/Public Hearing Date: June 27, 2023 City Council 2nd Reading Date: July 18, 2023 Comprehensive Plan Consistency: Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Resilience and Resource Efficiency • Reinvestment in existing communities conserves resources and sensitive environments: • Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. • Future Land Use, Zoning, and Urban Design • Promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Encourage orderly growth of residential, commercial, and industrial areas. • Housing and Neighborhoods • Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. Zoning Report Page 3 • Support the planning, regulatory, and funding initiatives needed to provide a diversity of housing types — rental and ownership, market-rate and assisted — to meet community needs. Future Land Use Map: The proposed rezoning is inconsistent with the Future Land Use map: • Commercial. An amendment to the Future Land Use Map is warranted. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezonings. . . It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the properties land development history to include platting, zoning, existing surrounding land uses and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis staff notes the following: • The proposed rezoning is not consistent with the Future Land Use Map which proposes commercial uses. • The proposed conversion of the former hotel is a great example of the adaptive reuse of an existing structure and supplies the needed workforce housing that is in demand within the Northwest area of Corpus Christi. • The requested Special Permit seeks to increase the maximum density to 240 units to correspond with the number of units of the former hotel. The Unified Development Code (UDC) currently limits the density within the "CG-2" District to 37 du/ac which equals a maximum density of the site at approximately 166 dwelling units. • Additionally, the requested special permit addresses reducing the number of required parking spaces to a 1 :1 ratio with each apartment unit. As the focus is workforce housing, the predominant type of tenant will be a single-vehicle household. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposes approval of the change of zoning and associated Special Permit. Planning Commission and Staff Recommendation (April 5, 2023): Approval of the "CG- 2/SP" General Commercial District with a Special Permit and subject to the following conditions: 1 . Density: The maximum density of dwelling units shall not exceed 240 units. 2. Parking: One parking space shall be provided per dwelling unit. 3. Driveway Stacking: A minimum of 40 feet of stacking shall be provided before the entrance gate. Any controlled access points shall remain open from the hours of 6 am to 6 pm. 4. Buffer Yard: A buffer yard will be required along the eastern property line as per Section 7.9 of the Unified Development Code (UDC). 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Zoning Report Page 4 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Notices (returned in opposition) Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA `J CG-2 IL �a aJ �O Q oQ� RS-6 v SUBJECT PR.OPip �\ CG- 2 (FCp�RD�........................ CASE: 0423-01 N SUBJECT PROPERTY WITH ZONING ' Subject Property A-1 Apartment House District -1 Limited IllDlstnct A-tA Apartment House District 1-2 Light Industrial District A-2 Apartment House District 1-3 Heavy Industrial Dismd AB Professional Office District PUD Planned Unit Development AT Apartment-TounstDismd R-IA One Family DwellingDismct SUBJFCT\ - B-1 Neighbomund Business Dis nd R-ie one Famny Dwelling Dismct PROPERTY B-tA Nelghtwr1ri Business DistnrJ R-iC One Family Dwelling Distnot 8-2 Bayfront Business Distinct R-2 Multiple Dwelling District I2 Banter Island Business Dist One Family Dwelling Dlsmet 8-3 Business Distad RE Residential Estate Dlstnd i seneralBusnessDismd R-TH TownbouseDwelling Distnd B3 Primary Business Distad SP special Permit i Pnmary Business Care District T-1A Travel Trailer i Dismd 8D Carpus Chnsti Beach Design Dist. TIB Manufactured(Home Park Distnct Cit of - F-R Farm RuralDismn T-iC Manufactured PumeSubdivision Corpus �r: �°��r.h Esri.HERELOCATION MAP HC Hinton.ICultumll Landmark Dlstn et 'a'"'rh 1"^rl - --- Preservaten C�]CIStI Zoning Report Page 6 ATTACHMENT B: RETURNED NOTICES Persons with disabilities planning to attend this meeting,who may require special services, are reques',-' the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con in" gue tienen la intenc16n de asistir a esta •unto y q ue re uieren servicios as eciales se ies supiic-a haras antes de la junta II_arnando_al departamento de servictos de desarrollo, ai fsumero(361)326-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) 826.3240 at least 48 hours m advance to request an interpreter be present during the meeting, Si usted desea dirigirse a to commission &r,-Ante la junta y su moles es_I.mdado, favor de Ilamar,al departamento de servicios de desarrolio al numero!36"_`826-3244 al mends 48 horas antes de la junta para solicitar un interprete ser presente,durante la� ul nta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0423-01 Corpus Christi Party Hotel LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A property located at or dear 910 Corn Products Road and described as Lot 4, Block 5, Interstate Industrial Complex,located along the east side of Corn Products Read, north of Leopard Street, and south of Irliterstate Highway 37. The Planning Commission may recommend to City Council approval or denialor approval of an intermediate zoning classification and/or Special Permit Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 5. 2023, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street_ You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (3.61) 826-3240. TC] BE ON RECORa. THIS FARM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI. TEXAS 713469- 9277• ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE; In aeoordanee with the Planning Commiss vn sy-L ws, no disc scion shall be held by a member or members of this Commission with an applicant or appellant co•nceming an application or appeal,either at home❑r office,or in person, by telephone call or by letter. Printed Name.- Address: ame:Address: IS01 i ;i ZL k(A Cityrstate: { } IN FAVOR (L.)'iT+J OPPOSITION: Phone: REASON: Signature SEE.VAP ON REVERSE SrpE INFOR Case No.23ZN1001 Casa No.0423-01 Property Owner la:2 case Manager.Erna Buentello Email:elenabocctexas cam 361-826-3598 Zoning Report Page 7 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas can ince aaidades ua a tienqn 1qintencrdn de asistir a esta junta y nue r€quieren servicios especiales se les supl'ica que den aviso 48 hor_as antes de la junta Ilamando al departamenta de sesnf-ci^s de IkQs-- ,IIS imero(3611826-3240, If you wish to address the Commission during the meeting and your E jilish limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance tk, request an interpreter be present during the meeting. Si usted desea dirigirse a la-commission durante la juntay su ingl2s es limitado, favor de Ilarnar al departamento de servicios de,desarrollo al nOrrero(361)826-3244 al menos 48 horns antes de la junta para solicitar un interprete ser ores,nte durante la junta_ CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0423-01 Corpus Christi-Pa&Christi-PaHotel LLC has petitioned the City of Corpus Christi to consider a change of zoning from the"CG-2"General Commercial District to the "CG-21SP" General Commercial District with a SpeciO Permit zresulting in a change to the Future Land Use Map, The property to be rezoned is described as; A property located at or near 910 Corn Products Road and described as Lot 4, Block 5,Interstate Industrial Complex, located along the east side of Corn Products Road, north of Leopard Street, and south of Interstate Highway 37. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit_ Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Pian to reflect the approved zoning- The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 5, 2023,during one of the Planning Commission's regular meetings, which begins at 5.30 p.m.. in the City Council Chambers, 1201 Leopard Street- You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (351)525-3244. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, R O. BDX 9277, CORPUS CHRISTI,TEXAS 789- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In acc -_._..nc..r -ordae with the Planning Commission ay-Laws, no discussion shall be hgld by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name: Address: C) K-,_1 kLGt.j tk,( �nc� City/State: C )4 t s � Vi 5°� { ) IN FAVOR (kf IN OPPOSITION Phone, } r r? REASON: 'r ^ Signature SEE MAP ON REVEF?SE SIDE INFOR Case No:23ZN1CH)7 Case No.0423-01 Property Owner IP.3 Case MartageT Elena Buentello EmaH elenah-@cctexas.00m 361--926-3598 Zoning Report Page 8 CASE: 0423-01 suBJECT PROPERTY WITH ZONING N xgrocm w�+rh 9.w�q dna. ,AftOPF!{ry - �rorn raga W sx ty.,... owe r� a.r:w�.xrvwc ae � - mbrsma r.0 �,a- n o+wwc r,e M..,,.e. aty of Esn,HERE OCATI !L'i4P�''`, 7o be on the record,this form must be filled out,signed by the current property owner(s),and returned in its entirety via mail to the return address an this notice or via email to zaning@cctexas.corr. Property Owner(s)Mame: I k2 a/,r � r Address:ty Q 37 i /�' t" �46'fl �f r P�hane N (��l ��5— K 339 ( ) In Favor ( In opposition REASONS:(W rY�,&VeTQN�f jnigture MAY 112023 Case Mara ge+-.Elena Euentel€o Email:=_!aaah cGt=Kas.com Phone:361-828-3598 " GV` INF©R Case No.23ZN100I Property Owner In-.25 tc wT r t rl r'I i l { I t Zoning Case 0423-01 Corpus Christi Party Hotel, LLC 000 ;' "`t� , `• DISTRICT 1 Rezoning for a property at 910 Corn Products Road O i . CG- - From " 2" to "CG 2/SP" SUBJECT � �4IPROPERTY I Y - } PQrtlsrad {41 P. Christi SUBJECT-, / ,j .` !'ilO�FRiY q iOCATlQN MAP City Council June 27, 2023 1 Zoning and Land Use b Proposed Use: Residential (Adaptive Reuse-Workforce Housing) o o CG-2/SP O �� 10-10-2022 Area Development Plan: Westside Future Land Use Map: Commercial Existing Zoning: "CG-2" General Commercial CG-2 Adjacent Land Uses: 6�QO'a N North: High-Density Residential, Zoned "CG-2/SP" o� 611: � South: Vacant, Zoned "CG-2" t • East: Low-Density Residential, Zoned "RS-6" LA • West: Light Industrial, Zoned "IL" 2 Public Notification 27 Notices mailed inside 200' buffer 2 Notice(s) mailed outside 200' buffer o 0 OO CG-2 Notification Area X 'L 4 1 ® 15 11 Opposed: 3 (0.64%) ° 5 156 Separate Opposed Owners: 2 o / ;' 17 18 19 G 20 8 In Favor: 0 (0.00%) 22 7 CG-2 23 "Notified property owner's land in SQF/Total square N footage of all property in the notification area = � Percentage of public opposition. 3 Staff Analysis And Recommendation • Inconsistent with the Future Land Use Map which proposes commercial uses. However, the proposed rezoning is consistent with many broader elements of the comprehensive plan. • Proposed conversion of the former hotel is a great example of the adaptive reuse of an existing structure and supplies the needed workforce housing that is in demand within the Northwest area of Corpus Christi. • Requested Special Permit seeks to increase the maximum density to 240 units to correspond with the number of units of the former hotel. • As the focus is workforce housing, the predominant type of tenant will be a single-vehicle household. The requested special permit addresses reducing the number of required parking spaces to a 1 :1 ratio with each apartment unit. PLANNING COMMISION & STAFF RECOMMENDATION (April 5, 2023): Approval of the rezoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit. 4 Special Permit Conditions 1. Density: The maximum density of dwelling units shall not exceed 240 units. 2. Parking: One parking space shall be provided per dwelling unit. 3. Driveway Stacking: A minimum of 40 feet of stacking shall be provided before the entrance gate. Any controlled access points shall remain open from the hours of 6amto6pm. 4. Buffer Yard: A buffer yard will be required along the eastern property line as per Section 7.9 of the Unified Development Code (UDC). 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 5 F R W mm LLJ ( a. PROPERTY a .� 'z CASE: 0423-01 W+E,.N :.rte Aerial View "' s ® Subject Property R r i, SUBJECTS t+>' v,+ PROPERTY cam..•+ �r ,a ..�,... -T)�tW r - Ci ty Esri, HERE LOCATIONti lr'l.%""" SC ` O� F V Ncoop RM1I Ys�2 AGENDA MEMORANDUM Action Item for the City Council Meeting of June 27, 2023 DATE: June 7, 2023 TO: Peter Zanoni, City Manager THRU : Constance P. Sanchez, Chief Financial Officer FROM: Eddie Houlihan, Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 Amendment to Financial Budgetary Policies for FY 2023-2024 CAPTION: Resolution amending Financial Budgetary Policies adopted by Resolution 032810 and providing financial policy direction on preparation of the FY 2024 operating and capital budgets SUMMARY: The financial budgetary policies for FY 2023-2024 are being recommended for amendment to address two items. BACKGROUNDAND FINDINGS: Annually, City staff reviews the financial budgetary policies for direction on preparing the upcoming, annual budget. The financial budgetary policies for FY 2023-2024 are being recommended for amendment to address clean up items that are no longer applicable or completed for two items: • Section 8 (2-4) "Funding Level from General Fund for Residential Street Reconstruction" - This section is being amended to remove Sections 2 and 3, as these two items have been completed. Section 4 becomes Section 2, and this will remain as the current transfer amount from the General Fund until amended by the City Council. This section is also being amended to update the status of the residential street reconstruction property tax which remains unchanged and will not be recommended to increase in FY 2023-2024. • Section 22 "State Hotel Occupancy Tax (SHOT) and Hotel Occupancy Tax (HOT) Fund - This section is being removed to allow more flexibility regarding funding of Gulf Beach maintenance expenditures. ALTERNATIVES: An alternative would be to leave the financial budgetary policies as they currently are written. FINANCIAL IMPACT: There is no financial impact for this item. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 0326N810 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS WHEREAS, the City Council adopted a Financial Policy in July 2024-2 by Resolution 03259 810; and WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds-land WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Budgetary Policies adopted by Resolution 032506 are amended to read as follows: Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues /Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Section 3. General Fund Balance/Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 20% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 20% of total annual General Fund appropriations will be Reserved for Major Contingencies and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. Any amount in excess of five percent (5%)will be returned to the paying Funds or used for one-time expenditures. Subsection 4.1 only applies to the Information Technologies Internal Service Fund; Contracts and Procurement Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases ora change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report, (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty- five percent (25%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay- as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property, with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance. The General Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. The City must include 5% of industrial district revenue in the Residential Street Reconstruction Fund. 7 In CYear`)(1`)(L`)021 +r4nS49r 1 /3 of nno norron+of+ho Gonoral Ci incl �. FGVGRl io IDss' Gran+s A Y G E?RrCtQi--F=,-, d-+rcra;;PSfP_F tp- _thPRt9..S 0.d-t9Pt Street Gi 1nd (i.e. fn61F GeRtS Gf the rv�rcr y taX Pace4 c. 'A F=iSr=Ai--F9�A29212922, tF PSfi_QF 2,13 of GRe PeFFG-49Pt A-f thi-Q Ge-r''reFal Ci ind reyeni es loss• Gran+s Str+al-D+Str+ctH2V4 Y''cr races and ARY GeeRer;I PundTeyenue to the Residential Street C?ornns+n it+inn Gi inrl ¢2 In Gisr;;I Year 2022_2923 +Transfer 1% of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 5-3. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. Date the C;0II)Fel tecrccvdevVptu; The final two cents pet doddrn;r-F=Yryr�2���1 „rr F�=Y T1.2z0z22z22 annra will not be recommended for FY 20222023-20232024. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Section 10. Funding of Corpus Christi Fire Fighters' Retirement System (CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is a goal of the City to, over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Section 11. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 12. Operating Contingencies. The City Manager is directed to budget up to $500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long-term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 14. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 15. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Section 16. Use of Nonrecurring Revenue. The City shall endeavorto use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 17. Debt Management. The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011 . Section 18. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects. Therefore, the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, it is authorized that all interest and other revenues relating to Capital Funds will be appropriated at the beginning of each fiscal year and become part of those funds to be used for capital project expenditures. Additionally, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible. The CIP is a necessary tool in the capital planning process, and shall be organized as follows: 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short- range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range, for a complete plan that includes ten years. The long- range CIP projects must have realistic planned funding tied to the projects. Section 19. Capital Improvement Annual Close-out. No less than annually, all capital funds will be reconciled by City Staff. 1 . Voter-approved Debt — Capital Improvement Plan funds associated with voter-approved debt shall be brought to City Council when all projects in the Fund are deemed complete for review and recommendation on use of any remaining funds. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. 2. Utility Revenue Debt — Capital Improvement Plan funds associated with utility bond debt shall be brought to City Council in a report comparing budget to actuals when a utility bond issuance is deemed complete. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. Section 20. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to- identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 21. Line-Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line-item budget review of departmental budgets. u ^ SeGtii�on 22. State Hotel Ot.GupanGy Tax (SHOT) and Hotel QGG an Gy Tax (HQT) the Tex�;;s 94th Legislatupe's (2915) HG6168 Boll (HB)l 9151 GGFP616 Ghristi and 0 0 eXpeRdit ares b idgeted fnr G611f Roach Maintonanro in the SHOT P incl Section 232. Drought Surcharge Exemption Fund. Beginning in Fiscal Year 2018- 2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant water supply and shall not be used foroperation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 243. Park Development Fund. Expenditures shall be used for the acquisition of land for a public park and/or construction improvements for a public park including utility extensions required to serve recreational areas. Revenues come from a Park Development Fee in lieu of land dedication and earnings on investments. Revenues are authorized to be appropriated at the beginning of each fiscal year and will be restricted as per current City codes and ordinances and unspent appropriations will carry over from fiscal year to fiscal year. Section 254. Budget Controls. Budgetary compliance is an important tool in managing and controlling governmental activities, as well as ensuring conformance with the City's budgetary limits. Budgetary controls, levels at which expenditures cannot legally exceed appropriated amounts, are established within individual funds. The City utilizes an encumbrance system of accounting as one mechanism to accomplish effective budgetary controls. Encumbrances at year end which represent a true commitment are generally added to the budget. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 032810 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS WHEREAS, the City Council adopted a Financial Policy in July 2022 by Resolution 032810-land WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds-land WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Budgetary Policies adopted by Resolution 032506 are amended to read as follows: Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues /Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Section 3. General Fund Balance/Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 20% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 20% of total annual General Fund appropriations will be Reserved for Major Contingencies and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. Any amount in excess of five percent (5%)will be returned to the paying Funds or used for one-time expenditures. Subsection 4.1 only applies to the Information Technologies Internal Service Fund; Contracts and Procurement Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases ora change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report, (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty- five percent (25%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1 .148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay- as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property, with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance. The General Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. The City must include 5% of industrial district revenue in the Residential Street Reconstruction Fund. 2. Transfer 1% of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 3. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. The final two cents will not be recommended for FY 2023-2024. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Section 10. Funding of Corpus Christi Fire Fighters' Retirement System (CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is a goal of the City to, over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Section 11. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 12. Operating Contingencies. The City Manager is directed to budget up to $500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long-term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 14. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 15. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Section 16. Use of Nonrecurring Revenue. The City shall endeavorto use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 17. Debt Management. The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011 . Section 18. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects. Therefore, the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, it is authorized that all interest and other revenues relating to Capital Funds will be appropriated at the beginning of each fiscal year and become part of those funds to be used for capital project expenditures. Additionally, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible. The CIP is a necessary tool in the capital planning process, and shall be organized as follows: 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short- range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range, for a complete plan that includes ten years. The long- range CIP projects must have realistic planned funding tied to the projects. Section 19. Capital Improvement Annual Close-out. No less than annually, all capital funds will be reconciled by City Staff. 1 . Voter-approved Debt — Capital Improvement Plan funds associated with voter-approved debt shall be brought to City Council when all projects in the Fund are deemed complete for review and recommendation on use of any remaining funds. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. 2. Utility Revenue Debt — Capital Improvement Plan funds associated with utility bond debt shall be brought to City Council in a report comparing budget to actuals when a utility bond issuance is deemed complete. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. Section 20. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to- identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 21. Line-Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line-item budget review of departmental budgets. Section 22. Drought Surcharge Exemption Fund. Beginning in Fiscal Year 2018-2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 23. Park Development Fund. Expenditures shall be used for the acquisition of land for a public park and/or construction improvements for a public park including utility extensions required to serve recreational areas. Revenues come from a Park Development Fee in lieu of land dedication and earnings on investments. Revenues are authorized to be appropriated at the beginning of each fiscal year and will be restricted as per current City codes and ordinances and unspent appropriations will carry over from fiscal year to fiscal year. Section 24. Budget Controls. Budgetary compliance is an important tool in managing and controlling governmental activities, as well as ensuring conformance with the City's budgetary limits. Budgetary controls, levels at which expenditures cannot legally exceed appropriated amounts, are established within individual funds. The City utilizes an encumbrance system of accounting as one mechanism to accomplish effective budgetary controls. Encumbrances at year end which represent a true commitment are generally added to the budget. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 1 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter Financial Budgetary Policies City Council Meeting June 27, 2023 Changes to the Financial Policies L-t7 • Section 8 - Funding Level from General Fund for Residential Street Reconstruction Fund • Subsection 2 & 3- these items are complete and funding level has reached 1% of General Fund revenues • Subsection 5- 2+2+2 Property Tax to remove language regarding FY's 2021 through 2023 and added language stating the final two cents will not be recommended for FY 2024 • Section 22 — State Hotel Occupancy Tax and Hotel Occupancy Tax Fund • Remove section to allow more flexibility in funding Gulf Beach maintenance expenditures z Financial Budgetary Policies City Council Meeting June 27, 2023 3 se G� O'1 +-� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: George Holland, City Auditor GeorgeH3(a)cctexas.com (361) 826-3660 Josh Chronley, Assistant Director of Finance & Procurement Josh C2a-cctexas.com (361) 826-3169 Amendment #1 Capital Program Operational Risk Assessment CAPTION: Motion authorizing execution of Amendment #1 to the professional services agreement with Talson Solutions, LLC, for $752,800.00, for a revised total not to exceed $781,000.00, to extend the term, incorporate minor edits, and include four co-sourced construction audits with one alternate, with FY 2023 funding of $257,600.00 from the Wastewater, TIRZ #2, Streets Bond 2018, and Public Safety Bond 2020 Capital Funds. SUMMARY: This motion approves Amendment No. 1 to perform a Capital Program Operational Risk Assessment addressing the construction audit services proposed by Talson Solutions, LLC. BACKGROUND AND FINDINGS: City leadership has developed a comprehensive CIP budget program that identifies short, mid, and long-range projects for the period of FY 2023 — FY 2032. In January 2023, the CIP budget was increased $681.4 million. The City is also the recipient of $67.5 million in funding from the American Rescue Plan Act of 2021, of which $34.5 million has been identified by City leadership for infrastructure improvement and/or replacement. In recognition of these aggressive efforts and the increasing need to perform systematic construction audits, the City Auditor's Office has sought co-sourced internal auditing. Co-sourcing will allow for focused efforts on construction auditing, while Internal Audit continues to address audit needs across the city. This is the inaugural year for the City Auditor's Office construction audit program. To begin this process, the City Auditor's Office contracted with Talson to perform a CIP Risk Assessment, which resulted in a 5-year agile construction audit program. The Audit Committee received a presentation on the results of the risk assessment from Talson and approved the revisions to the 2023 annual audit plan with the knowledge that the next steps would be contracting for the co- sourced construction internal auditors professional services. The first year of the 5-year audit program will cover four construction projects with one alternative. • Al Engineering and Corpus Christi- Water Williams Lift Stations • A2 Engineering and Public Works- Junior Beck Dr. • A3 Engineering and Corpus Christi Water- Greenwood WWRP Electrical • A4 Engineering and Police Department- Police Academy • Alternative: A5 Engineering and Parks and Recreation- Packery Channel/Sidewalk Restoration ALTERNATIVES: City Council may choose not to award Amendment No. 1 Capital Program Operational Risk Assessment, but this will result in delays in identifying any risks to successful CIP project completion. FISCAL IMPACT: The fiscal impact in FY 2023 is the amount of $257,600.00 and $247,600.00 for years two and three. The project budget totals $781 ,000.00 and will need to go back to City Council to exercise year four and five. FUNDING DETAIL: Fund: Wastewater 2023 CIP (4259) Organization/Activity: 21143-4259-EXP Department: Wastewater (46) Project #: 21143 —Williams Lift Station Upgrades Account: 520002 — General & Administrative Costs Amount: $49,840.00 Fund: Streets Bond 2018 (3557) Organization/Activity: 18023A-3557-EXP Department: Streets (33) Project #: 18023A - Junior Beck Dr (Bear Ln to Dead End) Account: 520002 — General & Administrative Costs Amount: $48,840.00 Fund: Wastewater Capital Reserves (4510) Organization/Activity: E10180-01-4510-EXP Department: Wastewater (46) Project #: E10180 - Greenwood WWTP UV Electrical Improvements Account: 520002 — General & Administrative Costs Amount: $48,840.00 Fund: Police Bond 2020 (3344) Organ ization/Activity: 21086-3344-EXP Department: Police (29) Project #: 21086 - Police Training Academy Account: 520002 — General & Administrative Costs Amount: $55,040.00 Fund: TIRZ #2 CIP (3278) Organ ization/Activity: 21200-3278-EXP Department: Infrastructure (17) Project #: 21200 — Packery Channel Restoration Account: 520002 — General & Administrative Costs Amount: $55,040.00 RECOMMENDATION: Staff recommends approval of this motion authorizing the execution of Amendment No. 1 as presented. If the motion is not approved additional solicitations will be required and will further delay the performance of these critical audits. LIST OF SUPPORTING DOCUMENTS: Executed Service Agreement 4594 Amendment #1 DocuSign Envelope ID:8FC7D6E6-B17A-4CC3-B3C3-30EOD34EEAOD uvo,�T— Amendment # 1 Finance & Procurement Date: May 24, 2023 Agreement # 4594 — Capital Program Operational Risk Assessment Contractor: Talson Solutions, LLC Current Amount: $28,200.00 I. Section 2, Term, of the Agreement is deleted in its entirety and replaced with the following language: "This Agreement is for a term of approximately three years, beginning February 13, 2023, and continuing through February 28, 2026. The parties may mutually extend the term of this Agreement, provided, the parties do so by execution of a written amendment." II. Section 3, Compensation and Payment, of the Agreement is amended by increasing the not-to- exceed amount by $752,800.00; therefore, the revised total amount of the Agreement is $781 ,000.00. III. Section 4, Contract Administrator, of the Agreement, is amended by deleting the contact information block and replacing it to read as follows: George Holland, CIA, CISA, City Auditor City Auditor's Office (361) 826-3660 GeorgeH3@cctexas.com IV. Section 13, Notice, of the Agreement is amended by deleting the notification block for the City and replacing it to read as follows: IF TO CITY: City of Corpus Christi Attn: George Holland, CIA, CISA, City Auditor 1201 Leopard St. Corpus Christi, TX 78401 V. Subparts (A) and (B) of Section 15, Termination, of the Agreement are amended by adding the phrase "or City Auditor" following the phrase "City Manager." VI. Attachment A, Scope of Work, of the Agreement is amended by adding Attachment A-1, the content of which is attached and incorporated by reference into the Agreement as if fully set out here in its entirety. Attachment A-1 , entitled "Statement of Work — May 2, 2023", adds four identified construction audits from the City's amended calendar year("CY") 2023 annual audit plan (dated as of April 11 , 2023), with a possible fifth construction audit to be subsequently identified and completed, time permitting. VII. In addition to the Services to be performed pursuant to Attachment A-1 , the Contractor is required to comply with and complete the following: Page 1 of 2 DocuSign Envelope ID:8FC7D6E6-B17A-4CC3-B3C3-30EOD34EEAOD • Plan, execute, and report a minimum of four construction audits for CY 2023 from the approved annual audit plan; and ensure audits are co-sourced between the parties as mutually agreed, with a portion of the work being performed by the City Auditor and staff in order to reduce both the City's and Contractor's costs and to increase efficiencies. • Present and provide audit workpapers and reports to the City Auditor in a format approved by the City Auditor. The Contractor shall prepare written reports for each audit and present the results to the City Council Audit Committee. • Provide input on construction audits to be considered for incorporation into future annual audit plans of the City. • Obtain approval in advance from the City Auditor for all on-site visits prior to travel arrangements being made. The Contractor shall coordinate with the City Auditor's Office to resolve any adjustments or modifications affecting pre-approved travel plans and on-site visits. • Observe and comply with delivery times for Services rendered. Assigned construction audits must be completed within 12 months of the final execution date of this Amendment. Any carryover audit projects and/or work beyond the period stated in this provision are at the discretion of the City Auditor. VIII. The parties intend to add additional construction audits for CY 2024 and 2025, such future audits currently unable to be identified but for which an anticipated and appropriate amount of funding has been included in the not-to-exceed amount stated in paragraph II of this Amendment #1 . All future construction audits to be identified, including a possible fifth audit for CY 2023, shall be determined by the City Auditor, specified in writing, and mutually agreed to without the necessity of a formal amendment to the Agreement (unless additional funding is needed), and such writings, as mutually agreed to, for CY 2024 and 2025 are subject to the same terms, conditions, and requirements of the Agreement, Amendment #1 , and all subsequently executed amendments. IX. This Amendment #1 is effective upon the date of final execution by the parties, unless an earlier date is expressly stated within this document. To the extent the provisions of this Amendment #1 conflict with any provisions of the Agreement and prior amendments, if any, the provisions of this Amendment#1 shall prevail and govern for all purposes and in all respects. ir �- Josh Chronley Date Contractor Date Assistant Director, Finance & Procurement Approved as to legal form: Assistant City Attorney Date ATTACHED AND INCORPORATED BY REFERENCE: Attachment A-1 Page 2 of 2 DocuSign Envelope ID:8FC7D6E6-B17A-4CC3-B3C3-30EOD34EEAOD ._taChment A TAILM ON SOLUTIONS LLC Statement of Work — May 2, 2023 City of Corpus Christi— Construction Audit Services This Statement of Work outlines construction audit services proposed by Talson Solutions, LLC (Talson) that may be requested by the City of Corpus Christi(City).Talson provides capital project advisory services that assist clients in mitigating capital program risk by increasing contractor and owner transparency, enhancing project delivery, and improving financial and project controls. Since 2021,Talson has provided construction audit services including the facilitation of construction audit training specific to the City and the completion of a Capital Program Operational Risk Assessment. Our Understanding In September 2022, the City adopted a Capital Improvement Plan (CIP) that included the Bond 2022 Initiative and a dedicated 2023 capital budget totaling $592.9 million. The CIP was amended in January 2023 to an increased budget amount of $681.4 million. The City anticipates a significant capital improvement program over the next 3—5 years for projects in the following areas: • Public Utilities • Water • Public Health &Safety • Airport • Parks & Recreation • Gas • Streets • Wastewater • Storm Water The Projects (shown below for 2023 audit selection) are funded by various sources including revenue bonds,state and federal loans,grants,sales tax, property taxes,general funds,facility charges and others. The City wishes to engage Talson to provide construction audit services for the ongoing performance reviews of select project activities from in-house and external resources including engineering, finance, project management, general contractors and consultants. The four (4) projects below were selected for audit with a fifth project as an alternative (time permitting). 2023 Capital Project Selections Audit No. 1 Audit No. 2 Audit No. 3 Audit No. 4 Audit No. 5 (Alternative) No. 21143 No. 18023/ No. E10180 No. 21086 No. 21200 21088 Williams Lift Greenwood Police Packery Project Stations Junior Beck Dr. WWTP Academy Channel/ Electrical Sidewalk Restoration Department Wastewater Streets Wastewater Public Safety Parks& Rec Construction Contract Value $11.6 million $4.9 million $6.0 million $21.0 million $14.9 million (Bid) Reported Work Done $2.4 million $2.3 million $5.8 million $0 $1.5 million May 2023 Statement of Work Page I (?f'6 DocuSign Envelope ID:8FC7D6E6-B17A-4CC3-B3C3-30EOD34EEAOD TA JiMONS LLC Our Approach Talson's audit approach will ensure that our planning, execution, and deliverables, in coordination with the City are of the highest quality. Our engagement team will facilitate weekly communications (or as desired) to ensure potential risks are addressed promptly, and to ensure overall engagement objectives remain the primary focus. Upon receipt of the Notice to Proceed from the City, Talson will prepare a document request that commensurate with the contract type and audit phase (i.e., initial, interim, closeout)to enhance our understanding of the Project,and participate in an engagement kick-off meeting with key Project stakeholders. A summary of audit engagement activities is as follows: • Conduct preliminary engagement planning and scheduling' • Submit an initial request of documents for review • Prepare the audit work plan and detailed activities required for the respective audit scope • Prepare and submit draft Audit Reports (separate reports for each audit) • Review draft reports with City and incorporate revisions and management responses • Submit the final Audit Report • Presentation to the City's Board/Audit Committee Internal Audit Collaboration As part of our approach,Talson will collaborate and co-source with City Internal Audit staff during integral stages of the audit. The City Internal Audit staff will assist with logistical planning, document requests, participate in interviews and contribute to audit planning decisions specific to setting audit objectives and supplemental work activities. In turn, the City Internal Audit team will facilitate "knowledge sharing" sessions with other City staff(procurement, engineering, etc.) focused on providing insight to risk based and smart sampling reasoning throughout the audit. Talson will assist in the preparation of this presentation and/or lead as needed. Audit Scope The audit will utilize a comprehensive risk-based approach to assess compliance to contract provisions and identify any risks to successful Project completion, within budget and on-time. Talson will assess Project Management's (e.g., City, selected General Contractor and subcontractors) alignment with industry best practices throughout the engagement, facilitate knowledge sharing discussions, and collaborate with the project teams to ensure transparency of the audit work but also maintain independence. Specific audit scope for the various construction phases shall include: Initial/ Pre-Construction(0%—20%contract invoiced): Focus on verification and compliance of contract documents, and verification that the construction manager's and subcontractor's proposals is compliant with the City's standard contract terms and conditions, and that the proposed costs are reasonable, accurate, and in line with industry standards. Activities include: 1) Verify construction contract compliance to provisions, deliverables and obligations (e.g., "cost of work," reimbursable and non-reimbursable costs, change order management,fee calculation, reporting requirements, contingency and allowance management, insurance administration, etc.). 1 Prior to commencing any audit engagement activities,Talson will participate and fulfill any City security and system(i.e.,e- Builder)virtual training sessions that will be facilitated by the City. May 2023 Statement of Work Page 2 (?f'6 DocuSign Envelope ID:8FC7D6E6-B17A-4CC3-B3C3-30EOD34EEAOD TA JiMONS LLC 2) Assess the construction manager's processes for communication and reporting. 3) Review of the construction manager's professional and field labor staff hourly rates, including assessing base rate and burden components of the hourly rate build-up to identify accuracy, potential duplicate components and transparency of expected charges (e.g., bonuses, vacations, insurances,training, computers, phones, etc.). 4) Review the construction manager's general conditions forecast for reasonableness of anticipated construction activity and alignment with typical general condition spend values. 5) Review select subcontractor procurement activities (e.g., de-scoping analysis, bid score, pricing, sealed bids received and involvement of the City and the construction manager). 6) Verify that select executed subcontractor scope is reasonable and subcontract contains appropriate flow-down provisions. 7) Assess current insurance premium estimates and methodologies including assessing the enrollment and other aspects of other insurance administration (e.g., CCIP, OCIP, SDI, Builders' Risk, etc.) 8) Review the construction manager's monthly project reporting including all cost reports and logs (Asset Logs, Rental Tool Logs, etc.) -as applicable 9) Assess the construction mangers cost accounting system and reporting for alignment with industry standards, including payment application formats. 10) Assess usage and monitoring of allowances, contingencies, holds and buyout savings 11) Review other project documentation (e.g., RFIs, submittals, OAC Meeting Minutes, schedule, etc.)to determine any potential risks that may warrant further review. Interim Audit(50%—60%contract invoiced):Focus on adherence to contract documentation, review and recalculations of insurances, fees, invoices, change orders, claims, and verification of continued compliance to the contractual terms. Activities include: 1) Conduct a detailed review of select construction manager's monthly payment applications, inclusive of supporting documentation for subcontractor direct and indirect work including: lien waivers,general conditions expenditures, insurance premium charges,fee calculations, taxes, and status of other schedule of value costs. 2) Verify that the construction manager's professional and trade hourly wage rates have been appropriately applied. 3) Review change orders including: • Agreement with the construction manager's invoicing and project reporting • Confirm proper approval • Reasonability of change is appropriate and not duplicative work • Includes subcontractor back-up documentation 4) Review the construction manager's monthly project reporting, including cost reports and notable logs. 5) Assess usage and monitoring of allowances, contingencies, holds and buyout savings. 6) Review other project documentation (e.g., RFIs, submittals, OAC Meeting Minutes, schedule, etc.)to determine any potential risks that may warrant further review. 7) Assess project administration by the construction manager and the City. 8) Assess status of open observations and management corrective actions. May 2023 Statement of Work Page 3 (?f'6 DocuSign Envelope ID:8FC7D6E6-B17A-4CC3-B3C3-30EOD34EEAOD TA JiMONS LLC Closeout Audit (90% —95% invoiced): Continued focus on verification and compliance requirements of pricing of change orders, invoices, and claims.Assess status of subcontractor and construction manager's closeout activities, inclusive of cost reconciliations and notable contract deliverables. Activities include: 1) Review construction manager's closeout process of subcontractors to ensure reconciliation of final costs, allowances, deliverables, warranties,training, etc. 2) Verify reconciliation of anticipated final contract value including ongoing settlement of change orders,final subcontract values, reconciliation of allowances and contingencies, and determination of any contract savings,final contractor fees, etc. 3) Verify that all insurance reconciliations have been conducted or are in process, and any necessary credits have been provided to the City. 4) Review select construction manager and subcontractor monthly payment applications including approval process, costs/total expenditures to date, subcontractor back-up documentation, retainage release, general conditions expenditures, insurance premiums, fee calculations,final lien waivers, etc. 5) Assess final disposition of purchased assets and purchased equipment. 6) Review Project punch list to ensure completion of all obligations prior to disbursement of final payment and/or assessment of remaining retainage. 7) Assess project administration by construction manager and the City. 8) Assess status of open observations and management corrective actions. In addition to the defined audit objectives and work scope,Talson will utilize its broad experience to assess relevant Capital Program internal policies and procedures and correlating processes adapted by the City for internal compliance and alignment to industry best practices and similar municipalities and/or industries. As part of our reporting, Talson will provide feedback regarding the audit benchmarking and the results of the on-going assessment. Audit Reporting Upon completion of each audit, Talson will submit comprehensive draft and final Audit Reports, which will include an executive summary, audit scope, detailed observations, recommendations, potential cost recoveries, and relevant supporting documentation (i.e., work papers). Talson's audit reports are presented in a format suitable to include the City and construction manager's management responses. Talson will include, if applicable, potential City process improvement opportunities that may result in mitigation of future capital project risks. Talson will facilitate audit closeout meetings prior to preparing the draft report with City personnel to review preliminary observations, inherent risks, management responses, and proposed action plans. Proposed Fee and Schedule Talson proposes a total estimated fee of$257,600 to fulfill the scope of services and deliverables herein, inclusive of expenses. Only incurred costs will be invoiced based on Talson's professional hourly rates. Talson proposes four (4) audits plus an 5t" audit as an alternative to be conducted within calendar year 2023 and is prepared to immediately commence audit activities upon notice from the City. Activity Type of Fee Fee Total Capital Program Audits (based on 5 audits) Estimated Fee $238,400 Expenses Actual Costs $19,200 $257,600 May 2023 Statement of Work Page 4 of 6 DocuSign Envelope ID:8FC7D6E6-B17A-4CC3-B3C3-30EOD34EEAOD TA L ON T SC7LUTIONS LLC Expenses:Talson anticipates conducting one (1) onsite visit for each of the referenced audits and one (1) in-person presentation to the Audit Committee upon completion of the audit engagement for a total of six(6)trips to Corpus Christi. Expenses are estimated to be $19,2002. Talson and City Internal Audit will determine the audit commencement with each audit timeframe lasting approximately 90 days. We acknowledge that the proposed audit schedule is subject to change based on actual construction activity and/or at the discretion of City Internal Audit. The following professional hourly rates by staff members, as stated below, are for construction audit services. Talson proposes fixed hourly rates for 2023 and then utilize an annual 3% escalation for all professional hourly rates commencing in January 2024.Anticipated hours by individual are also estimated and projected below: Name& Position 2023 Hourly Audit Allocation/ Rate Participation% Robert S. Bright, Engagement Director $350 5% Kenneth J. Brzozowski, CCA, CCP, Sr. Eng. Mgr. $315 20% Yvette Suarez, CCA Manager $285 25% Robert Farrow, CCA, CIA, CFE, CPA, Manager $285 25% Emily Olinsky, Senior Associate/Cost Engineer $255 15% Associate $205 35% Administrative $75 1% City Internal Audit n/a +/-10% Talson shall submit invoices on a monthly basis. In addition to the proposed fee, if applicable,Talson will invoice the City for reasonable expenses (e.g., express mail,travel, etc.), which are typical of this type of engagement. If additional services or attendance to meetings are needed outside the agreed-upon scope, Talson shall notify the City prior to any fee increase. Terms of payment shall be within 30 days of submission by Talson. Benefits of Tolson and Co-Sourcing As a result of the continuing relationship and anticipated collaboration and co-sourcing, Talson was able to reduce the proposed overall Capital Program Audit fee by 3%. Other benefits include: • Weekly communication during periods of audit engagements. • Talson's scope includes on-going assessment of established internal processes and controls that will be evaluated and compared against other likable client peers and similar projects. • The proposed engagement team has consistency in auditing capital projects across varying industries (i.e., infrastructure, transportation, commercial real estate, healthcare, education, etc.) which will lead to efficiencies in communicating and working with the City procurement and engineering teams as well as City contractors and consultants. 2 Travel expenses are inclusive of three (3)Talson auditors traveling for three(3) nights and would include airfare, hotel/lodging and associated daily meal charges.All incurred expenses would be in accordance of the City of Corpus Christi's travel policy. May 2023 Statement of Work Page 5 (?f'6 DocuSign Envelope ID:8FC7D6E6-B17A-4CC3-B3C3-30EOD34EEAOD TA JiMONS LLC • Talson's staff maintains professional certifications in construction auditing and more. Our staff engages in continuing education and teaching activities through regular attendance at regional and national conferences with organizations such as ALGA, IIA and NACA. • Through collaborative co-sourcing, Talson will utilize City audit staff to offset audit engagement costs and ensure efficiencies in planning communicating and delivering audit objectives. Knowledge sharing of City processes as they relate to assessing control environments and various lines of defense and governance structures will be on-going throughout the audits with City Internal Audit staff. Talson estimates that of 10% of the audit (approximately 20 hours)will be allocated to City Internal Audit participation. • As additional audits are completed, City Infernal Audit participation may increase to allow for further efficiencies and reduced consultant manhours. • While maintaining independence Talson will prepare deliverables, including committee presentations, collectively with City Internal Audit staff thus allowing for enhanced knowledge sharing opportunities. • During the course of the four (4) proposed audits, Talson will facilitate a summary "Knowledge Sharing"discussion with City Internal Audit to further discuss audit observation trends, potential enhancement of best practices and identification of future audit scope opportunities. Most notably, Talson will leverage its invaluable information gained during the recent facilitation of the Capital Programs Risk Assessment. Robert S. Bright will lead Talson's team serving as Engagement Director, providing engagement oversight and, on an as-needed basis, will participate in select meetings, personnel interviews, and project documentation reviews. Kenneth J. Brzozowski will serve as Senior Engagement Manager and facilitate audit coordination,work plan development,and participate in virtual and onsite audit activities with the audit team as well as assign supplemental support staff to assist as needed. Yvette Suarez, Manager, will manage day to day audit activities and regularly communicate via bi-weekly meetings with City Internal Audit throughout the term of this engagement. Talson will ensure that all key personnel are 100 percent available for the planned work and that they have the capacity to perform post-audit follow-up and generate detailed reports for timely submission. May 2023 Statement of Work Page 6 of 6 LS ()N SOLUTIONS LLC Construction Co-Sourcing Audit Presentation to City Council June 27, 2023 Philadelphia Los Angeles • New York Panama Agenda We Are O�Qus cy�P A Our Experience Engagement ,�.I�i Lr�• • Assessment & Methodology Audit • A Thank You ,aYu � ya*�. 1 J-27,2023 Who We Are Established in 2001, Talson Solutions, LLC is 1 1 an MBE Capital Program Advisory firm, 100% 1 Mission: Provide project 1 dedicated to construction auditing, ; stakeholders, including audit 1 compliance, project management, consulting, committees,funding sources, 1 1 trustees, and executive 1 and risk assessments for capital programs. 1 1 management, with 1 1 verifications and assurances 1 Subject matter expert staff in accounting, 1 that their project team and 1 auditing, architecture, construction 1 contractors are executing a 1 1 1 management, engineering, finance, project well-planned, quality project, 1 management, and ; are performing efficiently and 1 transportation/infrastructure. 1 effectively, and are minimizing 1 1 risk. 1 Talson is a trusted and valued service partner to private and public sector clients across the US and internationally. Since 2001, Talson has audited and/or monitored over $40 billion in capital projects. Aft TG_LS(�N 2 June 27,2023 soloNs « Our Experience Am U . . � Contractors Reviewed Los Angeles ® Hensel Phelps Panama Denver City of MetropolitanConstruction Co. TransportationCanal Water Aurora AuthorityExpansion Colorado Az-coM Turner Construction Governance Pre Contract Performance SKANSKA Auditing, Assessment Review Audits of Vendor Regional Mortenson Reviews & Risk Risk Close-out Audit Connector & Assessment for Management Crenshaw Canal Assessment Monthly Transit pK5 Kiewit Expansion Payment Projects Program, Third Construction Application Set of Locks Audit Review Project Construction 1%. �L AT I RO N HOLDER Audit Training Engagement Scope Capital Program Operational RiskAssessment of the City's 22-23 Capital Improvement Plan(CIP) Activities Included: Co-Sourcing approach Weekly status meetings with City's Internal Audit personnel and key engineering personnel Assessing documented Capital Program Governance and Project Administration Controls (document review and interviews) A Ranking projects based on select risk criteria (quantitative & qualitative) A Develop five (5) year audit plan with specific project selection for Years 1 —4 and project selection for Year No. 5 TBD Note:In 2021, Tolson facilitated to Corpus Christi Internal Audit a "Construction Audit Training"session TA LS(�N OIL'S I. Risk Assessment & Methodology Documentation Interviews City Input Risk Rating Review Template G '22-'23 Approved I CC Procurement Internal Audit & CIP ♦ Director + 4 Audit Committee E Audit Selection G_ Construction I_ Engineering Services Status Reports Risk Considerations Ratios: Cost to Schedule t City and Regulatory Priorities I Contract Type 'IN/' Project Duration I Change Orders I Construction Contract Value Projects Reviewed 51 T/-LS( N Audit Plan Audit No. 1 Audit No. 2 Audit No. 3 Audit No. 4 Alternate/No. 5 Williams Lift Stations Junior Beck Dr. Greenwood WWTP Electrical Police Academy Packery Channel/ Sidewalk 4 3 3 5 4 Wastewater Streets Wastewater Public Safety Parks & Rec $11.6 million $4.9 million $6.0 million $21.0 million $14.9 million Delayed Completion/ Regulatory/ 32 o Regulatory/Completed /o Budget Project Identified by Increase Close-Out 1 Identified by Audit Audit Committee Committee a M 01a 1 $2.4 million $2.3 million $5.8 million $0 $1.5 million 2024-2026 12 Projects totaling $463 M of construction cost --------------- 2024 - Districts 1, 21 3 and 4 2025 - Districts 1 to 5 TG_LS(�N soL1l1oNs L« Thank You Ta l so n Robert S. Bright Founder & President Embraces Co-Sourcing (215) 592-9634, Ext. 101 Partnership with City rbright@talsonsolutions.com I Financial/Technical Expertise Industry Reputation and Relationships Kenneth Brzozowski Cost Prevention&Savings Director, Audit & Advisory Services (215) 592-9634, Ext. 103 Valued Service Partner Kbrzozowski@talsonsolutions.com G_ Commitment& Integrity TA—LSON 'OIL'S I..- so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 27, 2023 DATE: June 14, 2023 TO: Peter Zanoni, City Manager FROM: Alma I. Casas, Interim Director of Finance and Procurement almacCa)-cctexas.com (361) 826-3610 Reimbursement Resolution for Certificates of Obligation Bonds CAPTION: Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to any capital expenditures from the proceeds of one or more series of tax-exempt or taxable obligations to be issued by the City in an aggregate amount not to exceed $11,500,000 for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. SUMMARY: The City is ready to award construction contracts associated with Bond 2018 and Bond 2020 projects approved by the voters in November of 2018 and 2020. This resolution is to pay for the construction shortfall for Bond 2018 and Bond 2020. The next opportunity for voter approval debt issuance will not be until November 2024. BACKGROUND AND FINDINGS: The City is planning on issuing Certificates of Obligation Bonds to fund projects approved in the 2018 Bond Election and the 2020 Bond Election. The City is able to award contracts for these projects prior to the issuance of bonds in order to move forward with the projects. The City plans on issuing bonds as funds are needed beginning in the summer of 2023 and will reimburse itself an amount not to exceed $11,500,000 for expenditures with the bond proceeds. This amount includes $5,042,968 for projects in support of the Everhart street reconstruction, $3,017,404 in support of the Alameda street reconstruction, $3,102,418 in support of the McArdle street reconstruction, and $2,731,613 in support of the North Lexington street reconstruction. This amounts to $13,894,403. However, we have available funds from Developer Participation in the amount of$1,227,492 that are accessible. Additionally, we also have available funds from other projects that were not used in the amount of$1,248,773. This brings our shortfall to$11,418,138. For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U.S. Treasury Regulations and requires approval by the City Council. It is not anticipated that the full amount will be committed prior to the bond issuance, but it is best practice to approve reimbursement for the full amount. ALTERNATIVES: The alternative would be to reject the reimbursement resolution, but this would prevent contracts from being awarded and delay the start of the projects until the certificates of obligation bonds have been issued. FISCAL IMPACT: Approval of this item will authorize City staff to encumber and spend available streets' cash to award the contracts for the street reconstruction projects. Once the certificates of obligation bonds are issued, the cash funds will be replenished with the bond proceeds. RECOMMENDATION: Staff recommend approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO ANY CAPITAL EXPENDITURES FROM THE PROCEEDS OF ONE OR MORE SERIES OF TAX-EXEMPT OR TAXABLE OBLIGATIONS TO BE ISSUED BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $11,500,000 FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance costs associated with: (1) designing, demolishing, constructing, renovating, improving, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith,; (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of- way for authorized needs and purposes relating to the aforementioned projects (the Construction Costs), (3)the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (4) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (5) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs)the Construction Costs,the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the projects that are the subject of this Resolution (the Project); and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations)which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended(the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt or taxable obligations (the Obligations)that the Issuer currently contemplates issuing obligations in the principal amount of not to exceed $11,500,000 to finance a portion of the costs of the Project; and 136259679.3 WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5. This Resolution maybe relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation,the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of replacement proceeds, as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, 136259679.3 and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid,the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. It is officially found, determined, and declared that the meeting at which this Resolution 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 Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] 136259679.3 PASSED, ADOPTED AND APPROVED on this the 27th day of June, 2023. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 27th day of June, 2023: Miles Risley, City Attorney Signature page to the Resolution S-1 THE STATE OF TEXAS )( COUNTY OF NUECES )( 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 a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 27th day of June, 2023, relating to establishing the City's intention to reimburse itself in an amount not to exceed $11,500,000 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution 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 27th day of June, 2023. City Secretary (CITY SEAL) Signature page to the Resolution S-2 That the foregoing resolution was read and passed on this the 27th day of June, 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED, this the 27th day of June, 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Signature page to the Resolution S-3 Reimbursement Resolution City Council Presentation - June 27, 2023 Projects to be Reimbursed • Total amount to be reimbursed $11,500,000 Bond 2018 Bond 2020 Everhart Road SPID to McArdle X McArdle to Staples X Staples to Alameda X Alameda Street Louisiana to Chamberlain X McArdle Street Carroll Lane to Kostoryz X North Lexington Street Hopkins to Leopard X 2 Questions ? so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 One-Reading Ordinance for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Ernest De La Garza, P.E., Director of Public Works edelagarza(a-)cctexas.com (361) 826-1877 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Construction Contract Award North Lexington Boulevard (Hopkins Road to Leopard Street) (Bond 2018, Proposition B) CAPTION: One-reading ordinance awarding a construction contract to J. Carroll Weaver, Inc. of Sinton, Texas, in an amount of$13,925,017.67 for reconstruction of North Lexington Boulevard from Hopkins Road to Leopard Street with new asphalt pavement, drainage and utilities improvements, located in Council District 1, amending the FY 2023 Capital Budget with FY 2023 funding available from the Street Bond 2018, storm water, water, gas, wastewater capital funds and funding from certificates of obligation. SUMMARY: This ordinance awards a construction contract to J. Carroll Weaver, Inc., for the construction of North Lexington Boulevard from Hopkins Road to Leopard Street with new asphalt pavement, storm drainage improvements with roadside ditches, signage, pavement markings, street lighting, utility improvements and Hopkins drainage ditch improvements. BACKGROUND AND FINDINGS: The North Lexington Boulevard project, from Hopkins Road to Leopard Street is a Bond 2018 project approved by city voters in November 2018. This stretch of street is 0.73 miles in length and is classified as a Secondary Arterial (A-2) Street with one lane in each direction with asphalt pavement that serves industrial businesses. The roadway was originally constructed in 1956 and received a sealcoat application in 2002. The existing water main and wastewater utilities were installed in 1981. The roadway is drained by ditches on either side with parallel storm water culverts under each business driveway that frequently floods. The roadway is currently experiencing continuous pavement distress and failures due to the age of the pavement and the heavy industrial truck traffic. The Hopkins drainage ditch improvements were initiated due to the concerns brought to City staff by several residents in the area. It was determined during the design process that the roadway, surrounding streets and private properties had flooding issues due to undersized drainage ditches. This identification prompted the need for the amendment to provide offsite storm drainage improvements to alleviate the drainage problems. The project scope includes construction of two-lane street with one travel lane in each direction, roadside drainage ditches, signage, pavement markings, street lighting, water, wastewater and Hopkins drainage ditch improvements. PROJECT TIMELINE: 2021-2023 2023 2023-2024 Sep - Jan March - June July - May Design Bid/Award Construction Project schedule reflects City Council award in June 2023, with anticipated construction completion by May 2024. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on March 6, 2023, for the proposed construction project. The solicitation contained Base Bid for asphalt pavement only. On April 12, 2023, the City received six bids for asphalt pavement. City analyzed the submitted bids in accordance with contract documents and determined J. Carroll Weaver, Inc., was the lowest responsive and responsible bidder. A summary of the bids is provided below. Bidder Base Bid (HMAC) 1 J. Carroll Weaver, Inc. $13,925,017.67 2 Mako Contracting $14,882,967.33 3 Jhabores Construction Company, Inc. $15,503,183.98 4 Bay Ltd. $16,657,357.30 5 JE Construction Services, LLC $16,808,549.95 6 Clark Pipeline Services, LLC $17,026,287.76 Engineer's Opinion of Probable Construction Cost $11,747,446.00 J. Carroll Weaver, Inc., has successfully completed several street projects with the City of Corpus Christi. Some of the recently completed projects include Brawner Parkway from Kostoryz Road to Carroll Lane, Residential Street Reconstruction Projects and Swantner Drive from Indiana Avenue to Texan Trail. ALTERNATIVES: City Council could choose not to award the contract to J. Carroll Weaver, Inc. This would delay the project and conflict with City Council's goal to expedite street projects with Bond Funds. FISCAL IMPACT: The fiscal impact for FY 2023 is an amount of $13,925,017.67 with funding available from Street Bond 2018, FY2023 Storm Water, Wastewater, Water and Gas. The shortfall in the funding for the project will be funded from the issuance of tax notes. Funding Detail: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in FY 2023. The project is ready to be implemented. Fund: ST2020 Bond18 P2 (Fund 3557) Mission Elem: Streets (33) Project: 18028A- N. Lexington Blvd (Leopard St— Hopkins) Account: Construction (550910) Activity: 18028-A-3557-EXP Amount: $1,698,751.44 Fund: Street 2024 Certificates of Obligation (3562) Mission Elem: Streets (033) Project: 18028A- N. Lexington Blvd (Leopard St— Hopkins) Account: Construction (550910) Activity: 18028-A-3562-EXP Amount: $2,460,912.63 Fund: Storm Water 2023 CIP (Fund 4534) Mission Elem: Storm Water Drainage (47) Project: 18028A- N. Lexington Blvd (Leopard St — Hopkins) Account: Construction (550910) Activity: 18028-A-4534-EXP Amount: $6,483,097.96 Fund: Wastewater 2023 CIP (Fund 4260) Mission Elem: Wastewater Collection (46) Project: 18028A- N. Lexington Blvd (Leopard St— Hopkins) Account: Construction (550910) Activity: 18028-4260-EXP Amount: $1,599,201.96 Fund: Water 2023 CIP (Fund 4487) Mission Elem: Water Distribution System (45) Project: 18028A- N. Lexington Blvd (Leopard St— Hopkins) Account: Construction (550910) Activity: 18028-A-4487-EXP Amount: $1,614,094.13 Fund: Gas 2023 CIP (Fund 4562) Mission Elem: Gas Distribution System (11) Project: 18028A- N. Lexington Blvd (Leopard St— Hopkins) Account: Construction (550910) Activity: 18028-A-4562-EXP Amount: $68,959.55 Overall Total $13,925,017.67 RECOMMENDATION: Staff recommends awarding construction contract to J. Carroll Weaver, Inc., in an amount of $13,925,017.67 for the reconstruction of North Lexington Boulevard from Hopkins Road to Leopard Street with new asphalt pavement, drainage and utilities improvements with construction duration planned for ten months from issuance of the Notice to Proceed, starting in July 2023, and completed by May 2024. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs CIP Page Power Point Presentation One-reading ordinance awarding a construction contract to J. Carroll Weaver, Inc. of Sinton, Texas, in an amount of $13,925,017.67 for reconstruction of North Lexington Boulevard from Hopkins Road to Leopard Street with new asphalt pavement, drainage and utilities improvements, located in Council District 1, amending the FY 2023 Capital Budget with FY 2023 funding available from the Street Bond 2018, storm water, water, gas, wastewater capital funds and funding from certificates of obligation. WHEREAS, the bids for the North Lexington Boulevard from Hopkins Road to Leopard Street paving, sidewalks and utility improvements project ("Project") were opened on March 6, 2023, and J. Carroll Weaver, Inc. of Sinton, Texas, submitted the lowest responsible bid of $13,925,017.67 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2022-2023 Capital Budget, adopted by Ordinance No. 032856, is amended to increase expenditures by $2,460,912.63. SECTION 2. The City Manager or designee is authorized to execute a construction contract with J. Carroll Weaver, Inc. in an amount not to exceed $13,925,017.67 for reconstruction of North Lexington Boulevard from Hopkins Road to Leopard Street. SECTION 3. That upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 27th day of June, 2023. PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 1 of 3 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 Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley Page 2 of 3 Page 3 of 3 TABULATION of BIDS PROCUREMOF CORPUS CHRISTI,—S BID DATE W—y,Ap.1 12,2023 44711 ... on 4a�ne Bore: ons .on anwnv.ino B4v Lro aB ons mn emo uc iax�v�x�xe servos.uc PROJECT NO.I W2BN A.Letln0lon Boulevar0(HOPk—a0.tc Leoaar0 street'Bone 2018 OJ # 5J,River Ra LeopaN Off-I I. co�11sAcnnsll Tx conson Il Tx�easB CMP=nnsll��eatz� co�u�cnns7l.Tx 75409 Co�11scnns7l.Tx-9 ITEM DESCRIPTIONorUNIT PRICE I AMOUNT UNITPRICE I AMOUNT UNIT PRICE I AMOUNT UNITPRICE I AMOUNT MOBILIZATIONAl (MAX 5%PART A) 1 s30,4110.00 30,4110.00 E 0 E 0 E 65,61618 8 S E42 0 0 E 0 E 0 E 0 8 5 S A2 BONDS AND INSURANCE 14 S &400.00 S &400.00 E 0 E 0 E 0 E 0 E 92250 a0 E 92,250. E 0 E 0 8 5 8 2 B S 0 5 0 8 0 E 0 E w E w E 0 8 0 8 0 8 0 8 0 8 A� CLEAR RI GHTTOF WAY AC F. S s 5 s4,-D4 E 0 E 0 E 0 8 911 E 0 8 0 8 0 8 0 8 0 8 2 2 S 0 5 0 8E 0 E 0 8 0 8 0 8 0 8 0 8 0 E 50 8 EBnAL STASES( 1 S 1A7,641.09 5 8 E 4204 0 4 M E 42044 M 0 E 0 E 0 8 0 E 0 8 0 E 0 E 0 E FS t f 168,387.28 5 e 8 0 E 0 E E 0 E 0 E 0 8 o f 0 E 0 E 38'3m m AS TRAFFIC CONIROL ITEMS(SIGNS,BAR CHAWNEL LNG 11ICES MO o f 8 5 9SI.Es2 E 0 E X2000 M E 0 E 0 E 0 E 0 8 0 E 0 E 0 E 52010 m TRAFFIC CONTROL -EA-'ES GE BOARDS a s 11 5 0 8 27,MF M E M00 8 0 E 0 E 0 8 0 8 0 E 0 E 0 E t PREVENTION PIAN(SVIPPP)(EXCLUDING SILT HENCE S AF SEEDING B5 f 7 S 5 8 5 E 5 E 0 E 0 E 0 8 0 8 0 E 0 E 911 E All AN D N LET PROTECTION t 5 0 S 0 E 0 8 0 E 0 8 0 8 0 8 0 8 0 E 0 8 0 E Al2 SILT CE(FOR swPPP) 30 S 8 5 o f 50 8 0 E 0 8 0 8 0 8 0 E 0 8 0 8 6 50 8 A13 ALLOVIANCE FOR UNANTICIPATED GENERAL ACTIVITIES AL 1 1 1 10,000.00 10UH0.00 I f 10,00F OF 1 8 10,00F OF 8 0 8 0 8 71 80 i E 10,0mm,8 0 8 0 8 SUBTOTAL PART A GENERAL I Al f E E 1 E E 95B MOBILIZATIONP.d B STREET IMPROVEMENTS Pi (MAX%PART B) 1 S121,586.67 S121,586.67 E 0 80 8 0 8 0 8 92000 m E 92000 aF E 0 8 0 8 3 8 23—F l3 12157 S 8 5 5 E . 8 0 8 0 8 B E 0 8 0 E 0 8 0 8 F E a AE(INITIAL SURFACE) 1215 S 5 5 2 8 0 8 B S 5 8 5 8 0 8 0 8 0 8 0 E 4713 8 5 01 1215 IS 7.38 .97l.... E 0 8 0 8 9 E 3 8 0 8 0 8 0 8 0 E 5 E 71H 1 S 45 35 PRIME COAT,MC-cF 15 cnuSY) 5 f 4 5 82,473.08 E 0 8 5a E 0 E 15,317 112 E 6 m 8 30 E 0 8 5 E 7 IS E 14223 El o f 43.96 5611,219.84 8 47M 8 0 8 4275 E 0 E 57M 8 0 8 45M 8 0 E 4EIS E — a IS 1&53 S 22S,833.12 8 50 8 0 8 14. E m E 23M 8 0 8 7 M 8 0 E 27. E 30,57— US PROOF ROLE N I TR B IS 138.118 S 8 8 SIX M 8 0 8 4 E F4P3 84 E 0 E 0 8 LF mA 0 E 0 E 1215 S 0 S .w E 0 E 2lFS.M E 99 $ 3 E llm 8 0 8 0 8 0 E 0 E 258 090MIL ILL 0 IS 1.40 5 0 8 1 50 E 1,1 m m E 1 45 E 1,131 m E 2M 8 0 8 2 M 8 0 E 1 B3 E 1,271 4U TVI M)4-(sLo)@90MIIH ILL 7S41 IS D.78 5 e E F 114 E m E F III E 6,35121 E 1 m 4 7S41 M 4 1 m E 7S41 M E F 1 E B12 REFIF PAV MRK 0 f 1 S 0 8 Be E 0 E 2 E 0 E 0 8 0 8 0 8 0 E 2 E rIIIT1(7A)(-Mli_i 2 s , s 27 s 5 E B E A E 5 E B E B E B E B E , E I HEAT APPueD PREFAB PREFORMED THERMOPLASTIC(w)za• L 5e f 1&80 5 . E 0 E u.m E 17. E u.. E 0 E F2.M E 0 E 0 E Llm E 1,131 m HILL IAV III I Y I HEAT APPDED PREFAB PREFORMED THERMOPLASTIC(w)15• L EA I S 1 IS CC 15 n E 0 E 4W M E 57.1 E 58 E 71 M 1 E0 8 0 E 0 E 0 E51 0 f 0 5 0 8 0 E 0 E 0 E 0 E 0 E 0 E 0 E 0 E w E1 2M 2 f 0 5 n E 0 E 0 E 0 E w E 0 E 0 E 0 E 0 E m E HIS REFLPAV MRKRTY EA o f 5.80 7&40 E 6 m E l4M E 5 SF E F. E 7 M E 0 E 7 M E m E 6 m E 319 6 INCH CONCRETE DRIVEVIAY 5 f 8 $1,359,111.61) E m E w E 2 E 0 E 0 E 0 E 0 E 0 E 5 E 1,51,541025 1)N O N CLU DES ALL MATERIAL TYPES) so f 2.14 $ n E 0 E 0 E 5 E so E 0 E 0 E 0 E 0 E 3 E .1,213 M 5 $ 0 $ n E 0 E 0 E 2 E w E 0 E 0 E 0 E 0 E 0 E 1 RN SIT AN I INIIALL Ronosl11 TRAFFIC SIGN AND GlcN GUPPORT(TRIANGIIAR OF PHASE) EA 4 $ 1) S 22848.111) E 0 E 0 8 2 b 8 E 0 E 0 E 0 E 0 E 0 8 123 1 ADSIDE SIGN,SUPPORT AND ASSEMBLY 1 5 $ 0 $ 0 E 0 E 0 8 3 8 5 b 0 E 0 E 0 8 0 E 0 8 324 ALLI N E FOR UNANTICIPATED STREET IMPROVEMENTS $ 0 $ 0 E 0 8 0 E 0 E 0 E 0 E 0 E 0 E 0 8 0 8 ,S(i�n BI FINUS C1 GAS AND PIPELINE EXPLORATORY EXCAVATION 1E 24540.00 E 2—o.00 E 0 E 5F FF E 34 8 34 8 0 8 0 E 0 8 0 8 0 E 6,5F M EX III R RACKELL AND COMP—ION OF TRENCH GAS C2 BE I NE(ADJUGTMElvis i1) ILL I mp ED BY THE CITY OF CORPUS CHRIST GAS0 $ 5 $ 1)o $ o f o f e E 0 8 0 E 32504 00 E m 8 22000 m E 3 E 11,215 M S 20,11110.00 1 S 20,DDO DD 8 20,00F 00 E 20,00F 00 E 0 E 2QMF M 8 0 8 20,00F OF 4 20 00F OF 8 0 8 M,MF M E IMPROVEMENTS(Hems Cl txrx c3) f ss,ots.ao E E E EUXF mE E MDLRZAT IN IMAX 5%HART DIS S E 0 8 0 8 0 8 0 8 0 8 o f o f 0 8 94 E 1 8000 a 1 5 8 5 12oes.2e E 0 8 0 8 2 8 2 8 0 8 o f o f 92520 a0 8 50 8 172 D3 DR VEWAY CURBANDGUTTER ILL 15 2 5 2 E 0 8 0 8 5 8 5 8 0 E 0 E 0 E 0 8 0 8 D4 IT RBAND GUTTER DEMOLITON LE 1 5 2 5 2 8 0 8 0 E 3 30 3, $ El m E 6 969 oo f 5 00 E m 8 0 8 f sa S 8 8 0 8 0 E 9s E 1 3 E 0 E 0 E 0 E 0 E 1 8 2 RE N FORCED cON CRETE PRE CLASS2 f s 5 2 8 w E 0 E 4 E 42457 4S $ 0 E 0 8 o f 0 E 1 8 9 f 2 5 8 8 0 E m E 7 S B3 E 0 8 0 8 0 E 0 E E a US RE N FORCED cON CRETE P PE(UES ) ILL 1"5911 f 268.1) S426,597.DD 1 8 w E 0 E 9 E 0 E 275 F0 E 0 8 0 8 0 E 5 5 5 RE N FORCED CON CRETE ARCH PI PE(CLASS III) ILL FV S 27S.a $ 8 8 0 E 0 E Be E 3B E 0 E 0 8 0 8 0 E 50 E 448 TABULATION of BIDS PROCUREMOF CORPUS CHRISTI,-S BID DATE Wy,Ap.1 12,2023 ano ... on aa�ne sore: Al,- anwnv.ino Bas Lro aB ons .on emo uc iaxa a�x�ne servos.uc PROJECT NO.1 W2BN A.LetlnDlon BDulevarO(H.Px RD.to 1-.nmey Bone.13 01 # 5J P River Ra IF— Sft el cD�DSAcnnsli Tx coos onn Tx ease co�u�nnsn�zeaiz� co�u�cnnrn.Tx zeace coos cnnrn.Tx zeace ITEM DESCRIPTION UNIT QTY UNIT PRICE MOUNT UNIT PRICE AMOUNT UNIT PRICE UNIT PRICE AMOUNT UNIT PR CE AMOUNT AMOUNT 55 $ 4S1.72 s 7a533.8D $ a E57 a E m E 5a E 3.a E57,7Ma $ 4.. $ 71,775. E 35123 E z $ s s 3s,3s3.sD $ a E a E a E e E a E a $ a $ a E 3 E 7zazs_55 D12 7X 3 REI N FORCED CON CREIlE B(OK ILL 257 $ 1,1B7.64 297,513A8 $ a $ a $ z E as E a $ 314S25. $ 1B.. $ a $ LBOF 55 E 257,14135 D13 1-4 REINFORCEDCONCRETER(OK ILL ss $ 2,52S.85 a,aseaD $ E 55 E 7 E z E a E $ a $ aa E 5 E -S..D14 -2 REI N FORCED CON CRIE-SAF-EN D TREATM ENT EA s s , s .s $ $ $ 3 E z E a $ a $ $ $ 7 E =Ma2 D15 7X3 REINFORCED CONCRETE B(OK SA-END TREATMENT EA 1 s zsz o.00 zszoD.DD $ $ $ 3 $ 3 $ a $ a $ a $ a $ 7 E D16 1B X4 REI N FORCED CON CREIlE B(OK SAFETY EN D TREATM ENT EA 5 f 2;300.00 s151,20.0 $ a E 0 8 28,369 03 $ e E a E a 8 OF $ a E 7 E D17 24'DOUBLE BARREL SAFFEND TREATMENT EA 5 s D 30,24D.DD $ a E 41,760 00 $ 4,310 45 a E a E 0 $ a E a E 32760 00 DlS 24'TRIPLE BARREL SAF-END TREATMENT���IWCPP)I EA a s 0 D $ a E 0 a a E a E a E 0 $ 0 s a E a E 54,600 00 D19 37'DOUBLE BARREL SAFE-END TREATMENT EA a s D 1;f3D.DD $ a E 0 a 1 4 5a E a 8 a $ o s a E a E 27,040 D. 37'TRIPLE BARREL SAF-END TREATMENT��$MPC)(4-14)(A)") EA 5 s D s D $ a E 0 a 7 $ zz E a E 0 s 0 $ a E 4B.. E 241 SM ON D21 I—TRIPLE MIRRIEL SAFETY UID TREATIMUT a 11)(RCP)(4 1)(P) EA 1 zs s D s D $ 232BBa E 0 az E 5 z E a E 0 $ 0 E a E a E 1 NGTRPLE BARREL SAFE-EN D TRE,,.ENT IT,11)(ARCH)(4 1)(P) EA a s D s D $ a E 0 a z E ez7a5ze E a E 114 100 OF $ 20000 00 $ a E a E .120 D23 TRI LIFE BARREL SAFETY EN D TREATM ENT(TY 1o(ARCH)(alxPl EA 1B s 11,2110.00 IIS 400 00 s ' 5arassoD $ a E 0 $ 1 E a E a E 0 $ 0 E a E a E D. ALL(CH)(DIA=vN) z s s;zo.0D $ E 0 5 E zGXa E a $ 0 $ a E E 20 1100 00 3z0aA1 f z02A2110.0 $ E 0 0 E a $ a $ a E E 13000 00 D. CONCRETE WIN isS)(Tx3) 1 f 2s000.00 2s00D.DD $ E 0 E 0 E a $ $ a E a E 11 700 00 D27 REM OVE EXI-N I GRATE IN LET EA 2 T7 s. s aE 0 $ 0as a $ aE aE D28 REM OVER STORM SU RIFACE EN D TREATMENT EA 2 5000 es T7 sss aE 0 E 0as as aE aE .400 00 REMOVE EXI-ING STORM PIPE ILL a s e sa $ a E 0 E 0 0 $ $ a E 5 EE 3 85375 DITCH RESHAPING,EXCAVATION,COMPACHHON,AND REGRADING ILL 35 7s 1s aE 0 $ 0 0s as aE 104 70460 D31 THEN CH SAFETY FOR PI HE AN I BOX CU LVENTS ILL Ds u0s DDD.DD $ E 0 E 0 a $ a $ a E a $ 2sDD.0 $ AD $ a $ 0 $ 210.OF $ a E a E f E E a,ac,2a2.se MOBILIZATION(MAX 5°%PATf E) i f T1,771E.1 f 71,771K.1 $ 0 8 0 $ 0 S 0 $ B-00 $ 5z55a a0 $ 0 $ a E 1 E AB-21 m s 5 s D $ w E 0 $ 5 S 0 $ 0 $ 0 $ 0 $ a E 57 7P E BZ.S 00 E3 REMOVE EXISTING 5 s z s aaa3s.s0 $ a E 0 8 0 $ 0 $ 0 $ 0 8 0 $ a E a E E4 IS' WASTEWATER MANHOLE 455050 PVC ST25ASTM P'VCP ISTEwATER GRAVITY UNE e s a s z $ a E e215520 $ a 8 z 8 0 $ 0 $ a $ a E s E 3B71B 112 E5 PIPE a2 $ D s D $ sa E 0 $ s E e E 0 $ 0 $ 0 $ a E a E 255 . PIPE BURST ExISTING-VCP w 12"HOPE ILL 1,475 f D s D $ a E 0 $ 3a E 50 E 0 $ 0 $ 0 8 a E a E 254 E7 12'PVC(SOFTY WASTEWFOR WASTER TEWATER IT N SNE 500 f 9 s D 8 a E 0 $ se E a E 0 $ 0 $ 0 $ a E a E 3XA- El THEN CH se f 0 s 11 A3 D.De $ a E 0 $ a E a E 0 $ 0 $ 0 $ a E e0 E 25,711 4B EB TRENCH SAFETY FORWASTEWATER MANHOLES EA 5 f D s D 8 a E o $ 3 E 5e E 0 $ 0 $ 0 $ a E a E o f D s 25,-.0 8 z 8 5 $ so 8 a E 0 $ ezeaa a0 8 0 8 a E a E Ell MAN IT OLE REHABILITATION W1'I BEIRGILASS U N ER AN D ALI J ST TOP TO GRADE EA o f 15,50.00 s D 8 11.0 OF 8 0 54 $ z 8 19,25B 00 $ 0 15,00F 00 a E a E 1 5 f o D 8 13,B20 00 $ BBE00 00 $ 1B.3z1 $ lQ.6 05 $ 17,075 00 $ 115 375 OF $ o $ E 15z5a E 53.5. 1 sf 1 zD s D o $ 2e300 0 0 aas oo s oa s o E E 3z5a a0 E 3z5a 1 EA z n $ zoa oo s aaE o $ $ E 21 2 as E 112:- E15 1 D D $ o 21 1 50aE a0 TER 9 222 24 z6ITY UNE WE1 7 8 A 2 S 2A2110.00 VC(SOF wRNV . )WASTEATEGRAeo s 118.6.. 8 o o $ 175 O S O S s O S 4 8 , t.S 1 M.enl f 1smE 1,ws41 s 7z43ss3 f 7Z. .3 E o f m 000 oo $ 53,00F OF E 53000 00 47625 00 $ a $ 91 000 oo fo f IIIB57 11 E 81,957 31 as Das 1z7a.92s 0 $ 5,927 60s l7. E 6,402 10s os as 2K 00S as 0 E F3 8 C9WPVCWATERNNE ILL a3 s sa $ z $ a E 0 $ 7 E 1 E 0 $ a $ o $ a E 5 E PBF251 15 1s Ds 1SWEDDs 2B.. E 2,0.00s 1,257 B3E 1,257 93E 0S as 1 1.oosaE aE zzs 784.00s Ds E os 3E 5E 0S a $ os aE aE zs $ 2B. a 2.. s a E 0s zE as 0s as 0S aE a E zzae D -aa H 8X6'DIMJ TEE EA zs s e $ 3ze19.2e $ a E 0 $ 1 E 5 E 0 $ a $ 0 $ a E lB a E IS l-131-TEE EA 5 IS 1,291.40 $ an ..D $ E 0 $ . $ 0 0 E a $ o $ zzaE a E es e $ 67es a E 0s 5E 0 0s aE 0S 5a aOE a E 45536. 5 IS D $ 6,4157.0 $ a E IIJ.00 $ . $ 4E.5F 675 00 $ 3 375 OF $ 3 l.00 E a E a E I'll TRENCH SAFETY FOR WATERILINES ILL 5 s S.S. s D $ 232 E 1EIlO 12 $ a E 7,31f 00 E 5 00 E o $ 4 OF $ a E 321 E F12 6'D I M I LONG PATTERN SLEEVE F FOOT Mi EA 2 sas es aE 0s 7E as 0S as as aE aE ONG PATTERN SLEEVE F FOOT MIN LA a $ . aE o 5 sE 5 $ a $ M $ a $D os 5 5 o 7 E 7,121 s sl3 .B 5 5 E 5 $ 5 $ 0 a a E a E z za.. F70 E4oBo $ T E a E o s a s a $ a E 0 E NI$ D s D E a E o $ z E 5e E o s a $ a 1$ a 1 E a E z TABULATION of BIDS PROCUREMOF CORPUS CHRISTI,TE-S DESIGN EN.INEER7H-S-P-S-1 S.-IN, BID DATE W-y,Ap.1 12,2023 0110 ... on aa�ne sore: ons .on anwnv.7110 Bah Lro aB ons .on emo uc iaD�v�x�ne servos.uc PROJECT NO.1 W2BN N.LetlnDton BoulevarO(Hopkins RD.to Leo .Stmey Bone 2016 01 # 5J,Rrver RD� LeopaN sheet cD�DSscnnSh Tx coos on tt �e4se co=in h1s111 zeaiz� co�u�cnnrn. zeace coos cnnrn, zeace ITEM DESCRIPTION UNITorUNIT PRICE AMOUNT UNIT PRICE AMOUNT I UNIT PRICE AMOUNT UNITPRICE AMOUNT UNITPRICE I AMOUN F18 W�ATFRLIINs s s s 15465.56 S 0 S 0 S 0 S 22aza as S 0 S 0 S 0 S 0 $ w $ 5 S a s 64 8 0 S 0 S 5 8 o f 0 8 0 S 0 S 0 $ w S 1 9S o s 1) S 0 S 0 8 0 E 0 E 0 $ 0 8 0 S 0 S 0 S IUITITAL PART F-ER IMPROVEMENTS litems F1 tmx F20) f 1,521 209.[3 E S E E U,IE 1X410403.65 GI MDBIECAI S 1 S1 1 $ 0 $ a 8 0 E 0 E a 0 E $ 0 S 0 $ a $ 1 o f 7 $ 14345.66 $ 5 $ 3a $ 0 E 0 E o $ a $ a $ 0 $ 3 $ "'Fl G3 7S5 NOR LF sa f 5 $ o 0$ $ a 8 4 E 5 E 0 E a $ a $ 0 $ 3a $ 1 G4 6X6 NOR LF 3 f 0 S 1, D $ 0 $ a 8 5 E 5 E 0 E a 8 a $ 0 $ 7 $1,017,501 IN B f 4 1 S S $ 0 $ D $ 3 1 E S E D S a 8 D $ 0 $ as 5 S G6 -ROP LF0 f 3 S 15513.21) $ % $ D $ 4 E 1244550 E D S a 8 D $ 312000 as $ 75 $ G7 24'ROP LFw f 3 S D $ 0 $ lQ440 00 $ 0 lQ577 40 $ 210 00 $ 12500 Da 8 1.oB $ 2F.B. $ sa $ 55 f 49.30 S D $ 0 $ o f 31 12 E 2 8 7600 E 0 $ 0 $ 0 $ 75 BA $ GB EX ISI N G 42'ROP TO BE REM OVED LF sa f 49.30 8,DN.2D $ 0 $ 7EBN 60 E 41 44 E 5 $ 7700 $ 125ze a0 $ 0 $ 0 $ 0 $ 3e f 49.30 S 41) $ 0 $ 11,205 60 E 6425 S.50 $ 7S 00 E 0 $ 114. 8 0 $ 11375 $ 3 f 49.30 $ D $ 0 $ 2110 20 E 77. 15STI 67 $ 7900 E 1BB37. $ 0 $ 0 $ 0 $ G12 EXISTING 4P'CMP TO BE REMOVED LF o f 49.30 $ 21) $ 512B $ 11,170 80 E 10 30 E 45 $ 7000 E 0 $ 74. $ 0 $ 1.25 $ 3L.7 M G13 EXIST-6-C-ER TOBEREMOVED LF ss f 49.30 S D $ 174. $ lE704 00 E 115 39 E 11B77 as $ 0 E 0 $ 0 $ 1IIA32. $ 0 $ G14 EXISTING gX5 13CN<CULVERT TO BE REMOVED LF 7 f 49.30 4,289.1D 8 214. $ 1IIE70 20 E 3 8 1 $ 105 00 9 1.oB 8 212 00 $ 1IIA44. $ 50 $ G15 24'SINGLE BARREL SAFET"END TREATMENT EA 1 f 51m.00 S D $ 0 $ 5A.00 E 6,7.11 $ 6,7.11 $ 15S00 00 15 1100 OF 8 6 0.00 E6 000 0 $ 0 $ G16 24'DOUBLE BARREL SATTV END TREATMENT EA 1 f D S 1) 8 0 $ 0 8 n $ n $ o f 0 8 0 E 0 $ 0 $ G17 .SINGLE BARREL SAFET"END TREATMENT EA 1 fD S D $ 0 $ 0 8 1 $ 1 $ 0 E 0 8 0 E 0 $ 0 $ 5,547 10 G18 JUNCTION BCXSAFETYENDTREATMENT EA 1 S 252110.00 S 2520.1)1) 8 0 $ 0 8 22 $ 22 $ 0 8 44750 OF 8 oEF oo f 96000 oo $ 0 $ GLB -6 1IN-ALL EA 2 f0 S D $ 0 $ 0 8 n $ e $ 22500 a0 $ 0 8 0 E 0 $ 0 $ 1 Q 400 00 2 S 252110.00 S D $ 0 $ 6IIA40 00 $ a $ 7AS21 3e $ 235FB0 $ 47000 OF 8 39000 00 E 713 00B OF $ 0 $ 26F.OF G21 SURFACE END TREATMENT REMO-UDEMOLIT ON EA 5 f 1 S 5 $ 4B.. $ 2B,.B OF 8 SM1 13 $ 4B.55 $ 0 E S o.oB 8 6 2W 00 E 31 00B OF $ 0 $ 0e f 17.11 $ 39,318.78 $ 0 S0 $ LB13 $ 4 $ 0 E 55 152 OF 8 2300 E 52854 00 $ 15. $ 35S4S SM G23 WINGWALL REMOVAUDEMOUTION EA 3 f 1 $ 3 $ 4B.. $ 121 eaa00 $ 2B.43 $ D $ 0 E 19 5FO OF 8 o f 54 0.OF $ 0 $ G. PAVEMENT REPAIR OF 2,531 IS 0 $ 42520.8D $ 0 $ Al. $ 21 SIB $ 55 $ 0 $ 0 8 5S oB $ 0 $ 50 $ 1 G25 GRAVEL DRIVEWAY REPAI R OF s5 IS 1SHI $ 73,533.61) $ 2. $ 0 $ 627 $ 4573B 55 $ 0 $ 0 $ 6. $ 0 $ 3 $ -,MB B5 PAV 2 DRIVEWAY DEMOLITION OF Eo f B S u 8 0 S 0 S a S 5 S 0 S 0 $ 0 $ 0 $ 5 $ 1 GO FOPE EN o f 3 S 2 8 0 $ 0 $ 0 S 0 S 0 $ 0 8 0 8 0 $ 0 $ w xT(SB52 M A ITCH HOU DER3P) o f 5 $ 23,Sw6.6D $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 61. $ 0 $ 50 $ n�(xn3B PRE-cBEAREDTREES,BRUSH,AND DEBRIS OFFSITE 3 $ 4 $ 2 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 25 VALEA 5 S o S 1) $ 0 $ 0 $ 2 $ 11,128 32 8 0 $ 43.. $ 0 $ 112BB0 $ S.67 $ a2 1&8o S 14633.60 E 0 $ 0 8 172 21 8 2 $ 0 8 0 $ 171. 8 171 342 OF 8 1.50 $ 1 G. THEN CH SAFETY FOR STROM WATER U N ES LF 55 S.S. 8,316.00 E 5 Ko $ 0 $ 11 s 8 5 $ 11. $ 17S.0 $ 6. 8 S gio oB 8 lBm 8 211B57 M S3ol000.00 S f 10F.. 8 F.OF 8 B.OF 8 WF.OF $ 0 $ 0 $ B.. 8 30 000 OF E 0 8 SUBTOTAL PART G-HOPKINS DITCH IMPROVEMENTS(H-SGI BB, f 2,7411,256.6E E E E E E 4.109,033 02 NTALISSUES Hl 1-111-1 E FOR UNANTICIPATED ENVIRONMENTAL ISSUES AT 1 1 S 1) S 0 E 0 E 0 E 0 E 0 8 0 E 0 E o f 0 8 0 E E E E S 2F,000 00 1E O`J Project Location Location Map 0 FSA ��ok . a LLJ Text Legend North Lexington - Hopkins to Leopard Off Site Drainage RFs PROJECT, NO`18028A A Y � V North Lexington - CITY COUNCIL EXHIBIT Hopkins to Leopard CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES T. Capital Improvement Plan 2023 thril 2025 City of Corpus Christi, Texas Project# 18028 ` Project Name N.Lexington Blvd(Leopard Street to Hopkins Rd) �� Type Reconditioning-Asset Longevity Department Public Works Useful Life 25 years Contact Director of Public Works Category Street-Rehabilitation Priority 2 Critical-Asset Condition\longevity Status Active Description This project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage, pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan. This project is currently scheduled to begin construction in FY2023 and continue until completed. Schedules may be adjusted after design is completed or during annual CIP update. Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 2,022,600 2,022,600 Design 345,272 345,272 Storm Water-St. 313,582 861,100 1,174,682 Waste Water-St 50,270 509,000 559,270 Water-St. 50,227 360,000 410,227 Gas-St. 10,045 40,000 50,045 Eng,Admin Reimbursements 2,367 200,000 202,367 Total 771,763 3,992,700 4,764,463 Funding Sources Prior Years 2023 2024 2025 Total G.O. Bond 2018 347,635 2,052,365 2,400,000 Revenue Bonds 424,128 1,940,335 2,364,463 Total 771,763 3,992,700 4,764,463 Budget Impact/Other 71 There is no projected operational impact with this project at this time. Once the project is completed it will be added to the Street Preventative Maintenance Program. 241 Corpus Christi Engineering North Lexington Boulevard (Hopkins Road to Leopard Street) (Bond 2018, Proposition B) Council Presentation June 27, 2023 Vicinity Map Cur pus 67r Sti Engineering f Location Map gem �kF ?ra < ro B° •Legend i North Lexington-Hopkins to Leopard Off Site Drainage PROJECT NO.18028A Z INwe—el"r Construction Project Corpus Chr sti Engineering This ordinance awards a construction contract to J. Carroll Weaver, Inc., for the construction of North Lexington Boulevard from Hopkins Road to Leopard Street. The scope of work includes: • new asphalt pavement • storm drainage improvements with roadside ditches • signage, pavement markings, street lighting • Water and wastewater improvements • Hopkins drainage ditch improvements Project Schedule Cur pus CI r stf Engineering 2021-2023 1 2023-2024 Sep -Jan March -June July - May Design Bid/Award Construction Projected Schedule reflects City Council award in June 27, 2023 with anticipated completion in May 2024 SC �o w h �� O F v N6OOPORP11 1852 AGENDA MEMORANDUM One-Reading Ordinance for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ernestod2a-cctexas.com (361) 826-1677 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2a-cctexas.com (361) 826-3169 Construction Contract Award Everhart Road (South Padre Island Drive to McArdle Road), Everhart Road (McArdle Road to Staples Street) and Everhart Road (Staples Street to Alameda) (Bond 2018, Proposition B, Bond 2020, Proposition A) CAPTION: One-reading ordinance awarding a construction contract to JE Construction Services LLC., Corpus Christi, Texas, in an amount of $29,385,295.00 for reconstruction of Everhart Road from South Padre Island Drive to South Alameda Street with new concrete pavement and Utilities improvements abandoning one Bond 2018 project and one Bond 2020 project and repurposing the funds for use on Everhart Road and amending the FY 2023 Capital Budget; located in Council District 2 with FY 2023 funding available from the Street Bond 2018, Street Bond 2020, Storm Water, Water, Gas, Wastewater capital funds and certificates of obligation. SUMMARY: This ordinance awards a construction contract with JE Construction Services LLC., Corpus Christi, Texas for complete reconstruction of Everhart Road from South Padre Island Drive (SPI D) to South Alameda Street. The existing roadway will be demolished and rebuilt with new concrete pavement, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, traffic signals and streetlight improvements. In addition to surface improvements, the project includes stormwater, water, wastewater, and gas infrastructure improvements. BACKGOUND AND FINDINGS: Everhart Road from South Padre Island Drive to South Alameda Street is 1.33 miles in length and is classified as an Arterial (A-1) on the Urban Transportation Plan (UTP). The existing pavement throughout the project limits contains failures ranging from alligator cracking to ruts, base/subgrade failures, and rolled curb. The last major project improvements to Everhart Road from South Padre Island Drive to South Staples Street is reconstruction in 1981 and sealcoat in 1994 and Everhart from South Staples Street to South Alameda Street is reconstruction in 1968 and sealcoat in 1994. Existing utilities include underground stormwater infrastructure, asbestos concrete pipe(ACP)waterline, vitrified clay pipe (VCP)wastewater lines, and a welded steel (WS) gas line. The scope of project improvements includes demolition of the existing roadway, new concrete pavement, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, traffic signals and streetlight improvements with stormwater, water, wastewater, and gas infrastructure improvements. PROJECT TIMELINE: 2021 - 2023 2023 2023 - 2025 July —April April - June July - July Design Bid/Award Construction Project schedule reflects City Council award on June 27, 2023, with anticipated completion by July 2025. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on April 14, 2023, for the proposed Everhart Road reconstruction project. The solicitation contained two base bids: Base Bid 1 (HMAC) and Base Bid 2 (Concrete). On May 17, 2023, the City received three bids for HMAC Pavement and two bids for Concrete Pavement. A summary of the bids is provided below. Bidder Base Bid 1 HMAC Base Bid 1 Concrete 1 JE Construction Services, LLC $30,907,739.00 $29,385,295.00 2 J. Carroll Weaver No Bid $29,723,325.60 3 Bay LTD $32,368,449.50 $31,727,486.75 Engineer's Opinion of Probable $31,480,000.00 $31,691,000.00 Construction Cost JE Construction Services, LLC., is the Low Bidder for Base Bid 2 Concrete. After reviewing the received bids, City staff recommend awarding the construction contract to the lowest responsive and responsible bidder, JE Construction Services, LLC. JE Construction Services, LLC. has successfully completed many street projects with the City of Corpus Christi. Some of the recently completed projects include Waldron Road from Purdue Road to S.P.I.D (21057), Airline Road from S.P.I.D to McArdle Road (18004A) Bond 2018, RSRP Part C FY2021, RSRP Part A FY2022. ALTERNATIVES: The City Council could choose not to award the contract to JE Construction Services, LLC. This would delay the project and conflict with the City Council's goal to expedite street projects with Bond Funds. FISCAL IMPACT: The item proposes to award a construction contract to JE Construction Services, LLC., in the amount of$29,385,295.00 for the reconstruction of Everhart Road from South Padre Island Drive to South Alameda Street. Project funds are available in Street Bond 2018, Street Bond 2020, and FY2023 Storm Water, Wastewater, Water and Gas. The shortfall in the funding for the project will be funded from the cancellation of the Development Participation Bond 2018 project and the cancellation of the Park Rd 22 (Compass to Park Rd 22) Bond 2020 project as well as issuance of certificates of obligation. Funding Detail: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in FY 2023. The project is ready to be implemented. Funding Detail for Everhart Road from SPID to McArdle Road (18051) Fund: ST2020 Bond18 P2 (Fund 3557) Department: Streets (33) Project: 18015A- Everhart Rd (SPID to McArdle Rd) Account: Construction (550910) Activity: 18015-A-3557-EXP Amount: $733,541.93 Fund: Developer Participation Bond18 (Fund 3703) Department: Streets (33) Project: 18015A- Everhart Rd (SPID to McArdle Rd) Account: Construction (550910) Activity: 18015-A-3703-EXP Amount: $1,227,492.30 Fund: Street 2024 Certificates of Obligation (3562) Department: Streets (033) Project: 18015A- Everhart Rd (SPID to McArdle Rd) Account: Construction (550910) Activity: 18015-A-3562-EXP Amount: $452,887.95 Fund: Storm Water 2023 CIP (Fund 4534) Department: Storm Water Drainage (47) Project: 18015A- Everhart Rd (SPID to McArdle Rd) Account: Construction (550910) Activity: 18015-A-4534-EXP Amount: $678,284.06 Fund: Water 2023 CIP (Fund 4487) Department: Water Distribution System (45) Project: 18015A- Everhart Rd (SPID to McArdle Rd) Account: Construction (550910) Activity: 18015-A-4487-EXP Amount: $5,094,745.98 Fund: Gas 2023 CIP (Fund 4562) Department: Gas Distribution System (11) Project: 18015A- Everhart Rd (SPID to McArdle Rd) Account: Construction (550910) Activity: 18015-A-4562-EXP Amount: $82,477.28 Contract Total for Everhart Road from SPID to McArdle Road (18051): $8,269,429.50 Funding Detail for Everhart Road from McArdle Road to Staple Street (21052) Fund: ST2021 Bond20 A (Fund 3558) Department: Streets (33) Project: 21052 - Everhart Rd (Staples to McArdle) Account: Construction (550910) Activity: 21052-3558-EXP Amount: $3,455,672.57 Fund: Street 2024 Certificates of Obligation (3562) Department: Streets (033) Project: 21052 - Everhart Rd (Staples to McArdle) Account: Construction (550910) Activity: 21052-A-3562-EXP Amount: $739,469.95 Fund Storm Water 2023 CIP (Fund 4534) Department: Storm Water Drainage (47) Project: 21052 - Everhart Rd (Staples to McArdle) Account: Construction (550910) Activity: 21052-4534-EXP Amount: $2,110,783.47 Fund: Wastewater 2023 CIP (Fund 4259) Department: Wastewater Collection (46) Project: 21052 — Everhart Rd (Staples to McArdle) Account: Construction (550910) Activity: 21052-4259-EXP Amount: $29,815.24 Fund: Water 2023 CIP (Fund 4487) Department: Water Distribution System (45) Project: 21052 - Everhart Rd (Staples to McArdle) Account: Construction (550910) Activity: 21052-4487-EXP Amount: $3,305,598.87 Fund: Gas 2023 CIP (Fund 4562) Department: Gas Distribution System (11) Project: 21052 - Everhart Rd (Staples to McArdle) Account: Construction (550910) Activity: 21052-4562-EXP Amount: $189,203.90 Contract Total for Everhart Road from McArdle Road to Staple Street (21052): $9,830,544.00 Funding Detail for Everhart Road from Staple Street to Alameda Street (21056) Fund: ST2021 Bond20 A (Fund 3558) Department: Streets (33) Project: 21056 - Everhart Rd (Alameda to Staples) Account: Construction (550910) Activity: 21056-3558-EXP Amount: $3,007,000.00 Fund: Street 2024 Certificates of Obligation (3562) Department: Streets (033) Project: 21056 - Everhart (Alameda to Staples) Account: Construction (550910) Activity: 21056-A-3562-EXP Amount: $1,874,591.99 Fund: Storm Water 2023 CIP (Fund 4534) Department: Storm Water Drainage (47) Project: 21056 - Everhart Rd (Alameda to Staples) Account: Construction (550910) Activity: 21056-4534-EXP Amount: $1,145,564.25 Fund: Wastewater 2023 CIP (Fund 4259) Department: Wastewater Collection (46) Project: 21056 - Everhart (Alameda to Staples) Account: Construction (550910) Activity: 21056-4259-EXP Amount: $1,552,795.36 Fund: Water 2023 CIP (Fund 4487) Department: Water Distribution System (45) Project: 21056 - Everhart Rd (Alameda to Staples) Account: Construction (550910) Activity: 21056-4487-EXP Amount: $3,585,946.95 Fund: Gas 2023 CIP (Fund 4562) Department: Gas Distribution System (11) Project: 21056 - Everhart (Alameda to Staples) Account: Construction (550910) Activity: 21056-4562-EXP Amount: $119,422.95 Contract Total for Everhart Road from Staple Street to Alameda Street (21056): $11,285,321.50 Overall Contract Total: $29,385,295.00 RECOMMENDATION: Staff recommends awarding construction contract to JE Construction Services, LLC., for reconstruction of Everhart Road from South Padre Island Drive to South Alameda Street in the amount of$29,385,295.00 with construction duration planned for 24 months from issuance of the Notice to Proceed with construction starting in July 2023 and completion by July 2025. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs CIP Page Power Point Presentation One-reading ordinance awarding a construction contract to JE Construction Services LLC., Corpus Christi, Texas, in an amount of $29,385,295.00 for reconstruction of Everhart Road from South Padre Island Drive to South Alameda Street with new concrete pavement and Utilities improvements abandoning one Bond 2018 project and one Bond 2020 project and repurposing the funds for use on Everhart Road and amending the FY 2023 Capital Budget; located in Council District 2 with FY 2023 funding available from the Street Bond 2018, Street Bond 2020, Storm Water, Water, Gas, Wastewater capital funds and certificates of obligation. WHEREAS, staff has reassessed the Bond 2018 project affected by developer agreements and recommends not proceeding with the project. WHEREAS, staff has reassessed the Bond 2020 project affected by TxDOT permitting and recommends not proceeding with Park Road 22, generally from Compass to Park Road 22; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Ordinance are hereby approved and adopted. SECTION 2. City Council hereby finds and determines that the Bond 2020 Proposition A Park Road 22 from Compass to Park Rd 22 project and the Bond 2018 Proposition B Developer Participation project are abandoned due to external sources of funding that did not materialize or unforeseen changes in fact or circumstance that make the anticipated expenditures no longer wise or necessary. SECTION 3. The City Council hereby directs and authorizes the repurposing of Bond 2020 Proposition A Park Road 22 from Compass to Park Rd 22 project and the Bond 2018 Proposition B Developer Participation project to fund the Bond 2020 Proposition A Everhart from McArdle to Staples project and Bond 2018 Proposition B Everhart from SPID to McArdle project. SECTION 4. The FY 2022-2023 Capital Budget, adopted by Ordinance No. 032856, is amended to increase revenues and expenditures by $3,066,949.89. SECTION 5. The City Manager or designee is authorized to execute a construction contract with JE Construction Services LLC., in an amount not to exceed $29,385,295.00 for reconstruction of Everhart Road from South Padre Island Drive to South Alameda Street. SECTION 6. That upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and Page 1 of 3 (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 27th day of June, 2023. 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 Guajardo Mayor Council Members Page 2 of 3 The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 3 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Reytec Construction Bay Ltd. PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 1901 Hollister St. 401 Corn Products Rd.,Bldg.1 BASE BID 2-CONCRETE Corpus Christi,TX 78409 Houston,TX 77080 Corpus Christi,TX 78412 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part A-GENERAL 2-A1 Mobilization Max 5%Part A LS 1 $ 62,000.00 $ 62,000.00 $ 110,000.00 $ 110,000.00 $ 101,000.00 $ 101,000.00 2-A2 Bonds and Insurance Max 2% LS 1 $ 158,000.00 $ 158,000.00 $ 400,000.00 $ 400,000.00 $ 1.50 $ 1.50 2-A3 Clear Right-of-Way AC 14 $ 43,000.00 $ 602,000.00 $ 44,000.00 $ 616,000.00 $ 180,800.00 $ 2,531,200.00 2-A4 Ozone Day DAY 4 $ 1.00 $ 4.00 $ 500.00 $ 2,000.00 $ 770.00 $ 3,080.00 2-A5 Survey Monument EA 2 $ 1,250.00 $ 2,500.00 $ 1,300.00 $ 2,600.00 $ 390.00 $ 780.00 2-A6 Traffic Control Mobilization/Adjustments LS 1 $ 387,000.00 $ 387,000.00 $ 41,000.00 $ 41,000.00 $ 54,000.00 $ 54,000.00 2-A7 Traffic Control Items(Signs,Barricades,Channelizing Devices,LPCBs,etc. MO 24 $ 3,500.00 $ 84,000.00 $ 28,000.00 $ 672,000.00 $ 12,000.00 $ 288,000.00 2-A8 Arrow Boards for Traffic Control EA 4 $ 6,700.00 $ 26,800.00 $ 5,500.00 $ 22,000.00 $ 9,600.00 $ 38,400.00 2-A9 1 Message Boards for Traffic Control Full Matrix EA 5 $ 25,000.00 1$ 125,000.00 $ 20,000.00 $ 100,000.00 $ 14,600.00 1 $ 73,000.00 2-A10 Temporary Si nalization for Traffic Control LS 1 $ 60,000.00 $ 60,000.00 $ 62,000.00 $ 62,000.00 $ 67,600.00 $ 67,600.00 2-All Temporary Pavement for Detours SY 5,000 $ 52.00 $ 260,000.00 $ 65.00 $ 325,000.00 $ 75.00 $ 375,000.00 2-Al2 Block Sodding SY 6,180 $ 11.00 $ 67,980.00 $ 16.00 $ 98,880.00 $ 12.50 $ 77,250.00 2-A13 Silt Fence for Storm Water Pollution Prevention LF 9,352 $ 4.00 $ 37,408.00 $ 4.00 $ 37,408.00 $ 7.50 $ 70,140.00 2-A14 Curb Inlet Protection EA 57 $ 250.00 $ 14,250.00 $ 220.00 $ 12,540.00 $ 210.00 $ 11,970.00 2-A15 Storm Water Pollution Prevention Plan LS 1 $ 13,000.00 $ 13,000.00 $ 65,000.00 $ 65,000.00 $ 3,900.00 $ 3,900.00 SUBTOTAL PARTA-GENERAL(Items Al thru A15) $ 1,899,942.00 $ 2,566,428.00 $ 3,695,321.50 Part B-STREET IMPROVEMENTS 2-B1 Mobilization Max 5%Part B LS 1 $ 167,500.00 $ 167,500.00 $ 350,000.00 $ 350,000.00 $ 293,375.00 $ 293,375.00 2-B2 Street Excavation SY 49,781 $ 15.00 $ 746,715.00 $ 7.50 $ 373,357.50 $ 12.50 $ 622,262.50 2-B3 12"Com acted Sub rade SY 49,781 $ 6.00 $ 298,686.00 $ 6.00 $ 298,686.00 $ 3.50 $ 174,233.50 2-B4 7"Crushed Limestone Flexible Base(Type A,Gr.1-2 SY 49,781 $ 29.00 $ 1,443,649.00 $ 25.00 $ 1,244,525.00 $ 32.00 $ 1,592,992.00 2-B5 9"Thick Continuously Reinforced Concrete Pavement SY 47,965 $ 95.00 $ 4,556,675.00 $ 136.00 $ 6,523,240.00 $ 134.25 $ 6,439,301.25 2-B6 3"HMACP(Type D Surface Course SY 250 $ 77.00 $ 19,250.00 $ 54.00 $ 13,500.00 $ 150.00 $ 37,500.00 2-B7 4.5'HMACP e B Base Course SY 250 $ 84.00 $ 21,000.00 $ 50.00 $ 12,500.00 $ 150.00 $ 37,500.00 2-B8 Geo rid Tensar TX-5 SY 500 $ 15.00 $ 7,500.00 $ 6.00 $ 3,000.00 $ 11.00 $ 5,500.00 2-B9 16"Crushed Limestone Flexible Base(Type A,Gr.1-2 SY 500 $ 70.00 $ 35,000.00 $ 55.00 $ 27,500.00 $ 93.00 $ 46,500.00 2-B10 Prime Coat 0.15 GAL/SY GAL 38 $ 43.00 $ 1,634.00 $ 8.00 $ 304.00 $ 48.00 $ 1,824.00 2-B11 6"Concrete Driveway Class A SF 36,712 $ 14.50 $ 532,324.00 $ 11.00 $ 403,832.00 $ 21.00 $ 770,952.00 2-B12 6"Concrete Driveway Class HES SF 6,000 $ 15.00 $ 90,000.00 $ 12.00 $ 72,000.00 $ 23.00 $ 138,000.00 2-B13 Concrete Median SF 2,743 $ 11.00 $ 30,173.00 $ 11.00 $ 30,173.00 $ 18.00 $ 49,374.00 2-B14 2"Mill and Overlay SY 530 $ 60.00 $ 31,800.00 $ 47.00 $ 24,910.00 $ 54.00 $ 28,620.00 2-B15 6"Header Curb e B LF 100 $ 11.00 $ 1,100.00 $ 45.00 $ 4,500.00 $ 57.00 $ 5,700.00 2-B16 Unanticipated Concrete DrivewayRemoval SF 250 $ 3.00 $ 750.00 $ 5.00 $ 1,250.00 $ 18.00 $ 4,500.00 Page 1 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Reytec Construction Bay Ltd. PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 1901 Hollister St. 401 Corn Products Rd.,Bldg.1 BASE BID 2-CONCRETE Corpus Christi,TX 78409 Houston,TX 77080 Corpus Christi,TX 78412 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2-B17 Asphalt Pavement Repair e 1 SY 500 $ 93.00 $ 46,500.00 $ 118.00 $ 59,000.00 $ 120.00 $ 60,000.00 2-B18 Asphalt Pavement Repair Parkin Lots SF 3,000 $ 14.00 $ 42,000.00 $ 15.00 $ 45,000.00 $ 17.00 $ 51,000.00 2-B19 6"Concrete Pavement Repair Parkin Lots SF 2,500 $ 11.00 $ 27,500.00 $ 22.00 $ 55,000.00 $ 32.00 $ 80,000.00 2-B20 Adjust Existing Manhole to Finish Grade EA 3 $ 2,700.00 $ 8,100.00 $ 900.00 $ 2,700.00 $ 2,700.00 $ 8,100.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 2-B21 W ARROW 125MIL WITH PRIMER SEALER EA 63 $ 190.00 $ 11,970.00 $ 168.00 $ 10,584.00 $ 210.00 $ 13,230.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 2-B22 W WORD 125MIL WITH PRIMER SEALER EA 14 $ 300.00 $ 4,200.00 $ 280.00 $ 3,920.00 $ 360.00 $ 5,040.00 2-B23 REFL PAV MRK TY Y 4"BRK 090MIL WITH PRIMER SEALER LF 1,800 $ 1.00 $ 1,800.00 $ 0.95 $ 1,710.00 $ 1.00 $ 1,800.00 2-B24 REFL PAV MRK TY Y 4"SLD 090MIL WITH PRIMER SEALER LF 8,401 $ 1.00 $ 8,401.00 $ 0.95 $ 7,980.95 $ 1.00 $ 8,401.00 2-B25 REFL PAV MRK TY Y 4"SLD DBL 090MIL WITH PRIMER SEALER LF 1,785 $ 2.00 $ 3,570.00 $ 1.90 $ 3,391.50 $ 2.50 $ 4,462.50 2-B26 REFL PAV MRK TY W 4"BRK 090MIL WITH PRIMER SEALER LF 3,120 $ 1.00 $ 3,120.00 $ 0.95 $ 2,964.00 $ 1.00 $ 3,120.00 2-B27 REFL PAV MRK TY W 4"SLD 090MIL WITH PRIMER SEALER LF 207 $ 1.00 $ 207.00 $ 0.95 $ 196.65 $ 1.00 $ 207.00 2-B28 REFL PAV MRK TY W 4"DOTTED 2'SEG,4'GAP 090MIL WITH PRIMER SEALER LF 260 $ 1.00 1$ 260.00 $ 0.95 $ 247.00 $ 1.00 $ 260.00 2-B29 PAV MRK TY BLACK 4")(BRK)(SHADOW 090MIL WITH PRIMER-SEALER LF 3,120 $ 5.00 $ 15,600.00 $ 4.60 $ 14,352.00 $ 6.00 $ 18,720.00 2-B30 IREFL PAV MRK TY W 8"SLD 090MIL WITH PRIMER SEALER LF 1,350 $ 2.00 $ 2,700.00 $ 1.50 $ 2,025.00 $ 2.00 $ 2,700.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 2-B31 W 24"SLD 125MIL WITH PRIMER SEALER LF 400 $ 20.00 $ 8,000.00 $ 18.00 $ 7,200.00 $ 23.00 $ 9,200.00 2-B32 TY II-C Raised Pavement Marker Refiectorized EA 325 $ 6.00 $ 1,950.00 $ 5.60 $ 1,820.00 $ 7.00 $ 2,275.00 2-B33 TY II-A-A Raised Pavement Marker Reflectorized EA 250 $ 6.00 $ 1,500.00 $ 5.60 $ 1,400.00 $ 7.00 $ 1,750.00 2-B34 TY II-B-B Raised Pavement Marker Reflectorized EA 46 $ 7.00 $ 322.00 $ 6.70 $ 308.20 $ 8.50 $ 391.00 2-B35 Furnish and Install Street Sign Assemblyw/Stop Sign Only EA 2 $ 980.00 $ 1,960.00 $ 830.00 $ 1,660.00 $ 1,100.00 $ 2,200.00 2-B36 Furnish and Install Street Sign Assembl w/9"Blades Green and Stop Sin EA 12 $ 1,100.00 1$ 13,200.00 $ 950.00 $ 11,400.00 $ 11300.00 $ 15,600.00 Furnish And Install Roadside Traffic Sign And Sign Support Assembly(Triangular Slipbase 2-B37 S stem) EA39 $ 950.00 $ 37,050.00 $ 810.00 $ 31,590.00 $ 1,100.00 $ 42,900.00 2-B38 Allowance for Unanticipated Street-Related Improvements LS 1 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items 131 thru B38) $ 8,323,666.00 $ 9,747,726.80 $ 10,679,490.75 Part C-RTA IMPROVEMENTS 2-C1 Mobilization Max 5%Part C) LS 1 1j7::::::80:0:00 $ 800.00 $ 1,000.00 $ 1,000.00 $ 1,650.00 $ 1,650.00 2-C2 5"Pedestrian Concrete Bus Stop Pad SF 1,350 S 14.00 $ 18,900.00 $ 26.00 $ 35,100.00 $ 38.00 $ 51,300.00 SUBTOTAL PART C-RTA IMPROVEMENTS(Items C1 thru C2) $ 19,700.00 $ 36,100.00 $ 52,950.00 Page 2 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Reytec Construction Bay Ltd. PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 1901 Hollister St. 401 Corn Products Rd.,Bldg.1 BASE BID 2-CONCRETE Corpus Christi,TX 78409 Houston,TX 77080 Corpus Christi,TX 78412 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part D-ADA IMPROVEMENTS 2-D1 Mobilization Max 5%Part D LS 1 $ 18,000.00 $ 18,000.00 $ 30,000.00 $ 30,000.00 $ 23,300.00 $ 23,300.00 2-D2 4"Thick Concrete Sidewalk SF 50,548 $ 9.50 $ 480,206.00 $ 10.00 $ 505,480.00 $ 11.50 $ 581,302.00 2-D3 Concrete Curb Ram SF 4,328 $ 34.00 $ 147,152.00 $ 33.00 $ 142,824.00 $ 38.00 $ 164,464.00 2-D4 Sidewalk RetainingCurb LF 535 $ 21.00 $ 11,235.00 $ 70.00 $ 37,450.00 $ 59.00 $ 31,565.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 2-D5 W 24" SLD 125MIL WITH PRIMER-SEALER LF 650 $ 20.00 $ 13,000.00 $ 17.00 $ 11,050.00 $ 23.00 $ 14,950.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 2-D6 BLACK 6" SHADOW 125MIL WITH PRIMER-SEALER LF 1,300 $ 10.00 $ 13,000.00 $ 9.00 $ 11,700.00 $ 11.50 $ 14,950.00 2-D7 Unanticipated Concrete Sidewalk Removal SF 500 $ 3.00 $ 1,500.00 $ 3.00 $ 1,500.00 $ 7.50 $ 3,750.00 2-D8 Allowance for Unanticipated ADA Improvements LS 1 S 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 SUBTOTAL PART D-ADA IMPROVEMENTS(Items D1 thru D8) $ 699,093.00 $ 755,004.00 $ 849,281.00 Part E-I.T.IMPROVEMENTS 2-E1 Mobilization Max 5%Part E) LS 1 S 8,000.00 $ 8,000.00 $ 9,000.00 $ 9,000.00 $ 5,400.00 $ 5,400.00 2-E2 2"PVC Schedule 40 IT Conduit with Mule Tae LF 7.200 $ 15.00 $ 108,000.00 $ 21.00 $ 151,200.00 $ 17.00 $ 122,400.00 2-E3 2"PVC Schedule 40 IT Conduit with Mule Tae BORE LF 262 S 37.00 $ 9,694.00 $ 40.00 $ 10,480.00 $ 43.00 $ 11,266.00 2-E4 24"x36"x24"Pullbox(Handhole) EA 14 $ 2,600.00 $ 36,400.00 $ 2,400.00 $ 33,600.00 $ 3,100.00 $ 43,400.00 SUBTOTAL PART E-I.T.IMPROVEMENTS(Items E1 thru E4) $ 162,094.00 $ 204,280.00 $ 182,466.00 Part F-SIGNALIZATION IMPROVEMENTS 2-F1 Mobilization Max 5%Part F LS 1 $ 69,000.00 $ 69,000.00 $ 66,000.00 $ 66,000.00 $ 46,000.00 $ 46,000.00 2-F2 Drill Shaft Trf.Sig.Pole 24" LF 119 $ 167.00 $ 19,873.00 $ 211.00 $ 25,109.00 $ 190.00 $ 22,610.00 2-F3 Pedestal Pole Spread Footing Burne Drive EA 1 $ 1,500.00 $ 1,500.00 $ 1,375.00 $ 1,375.00 $ 1,800.00 $ 1,800.00 2-F4 Drill Shaft Trf.Sig.Pole 36" LF 226 $ 350.00 $ 79,100.00 $ 380.00 $ 85,880.00 $ 410.00 $ 92,660.00 2-F5 Conduit PVC Sch.40 2" LF 362 $ 25.00 $ 9,050.00 $ 28.00 $ 10,136.00 $ 28.00 $ 10,136.00 2-F6 Conduit PVC Sch.40 2" Bore LF 1,575 $ 37.00 $ 58,275.00 $ 39.00 $ 61,425.00 $ 43.00 $ 67,725.00 2-F7 Conduit PVC Sch.40 3" LF 520 $ 31.00 $ 16,120.00 $ 33.00 $ 17,160.00 $ 36.00 $ 18,720.00 2-F8 Conduit PVC Sch.40 4" LF 179 $ 37.00 $ 6,623.00 $ 39.00 $ 6,981.00 $ 43.00 $ 7,697.00 2-F9 Conduit PVC Sch.40 4" Bore LF 1 1,402 1$ 51.00 1$ 71,502.001$ 50.00 1$ 70,100.00 1$ 57.00 $ 79,914.00 Page 3 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Reytec Construction Bay Ltd. PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 1901 Hollister St. 401 Corn Products Rd.,Bldg.1 BASE BID 2-CONCRETE Corpus Christi,TX 78409 Houston,TX 77080 Corpus Christi,TX 78412 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNITPRICE AMOUNT 2-F10 Elec.Condr. No.6 Bare LF 37 $ 3.00 $ 111.00 $ 2.75 $ 101.75 $ 3.50 $ 129.50 2-1`11 Elec.Condr. No.6 Insulated LF 74 $ 3.00 $ 222.00 $ 3.00 $ 222.00 $ 4.00 $ 296.00 2-F12 Elec.Condr. No.8 Insulated LF 2,252 $ 2.00 $ 4,504.00 $ 1.75 $ 3,941.00 $ 2.50 $ 5,630.00 2-F13 Tray Cable 3 Condr. 12 AWG LF 3,155 $ 3.00 $ 9,465.00 $ 2.15 $ 6,783.25 $ 3.00 $ 9,465.00 2-F14 Luminaire Cbl. 12 AWG 2 Condr. W/Ground LF 903 $ 2.00 $ 1,806.00 $ 2.00 $ 1,806.00 $ 2.50 $ 2,257.50 2-F15 Ground Box Type D 162922 W/Apron EA 20 $ 1,700.00 $ 34,000.00 $ 1,500.00 $ 30,000.00 $ 1,900.00 1 $ 38,000.00 2-F16 Install Highway Traffic Signal Isolated EA 4 $ 6,800.00 $ 27,200.00 $ 6,050.00 $ 24,200.00 $ 7,800.00 $ 31,200.00 Louvered Vacuum Formed ABS Back Plate(12")(3 SEC)with 3M,2"Yellow Reflective 2-F17 ITape EA 1 30 $ 220.00 $ 6,600.00 $ 192.00 $ 5,760.00 $ 250.00 $ 7,500.00 Louvered Vacuum Formed ABS Back Plate(12")(4 SEC)with 3M,2"Yellow Reflective 2-F18 Tae EA 13 $ 240.00 $ 3,120.00 $ 215.00 $ 2,795.00 $ 280.00 $ 3,640.00 2-F19 Veh.Sig.Sec. 12" LED Grn. EA 30 $ 355.00 $ 10,650.00 $ 310.00 $ 9,300.00 $ 400.00 $ 12,000.00 2-F20 Veh.Sig.Sec. 12" LED el. EA 30 $ 355.00 $ 10,650.00 $ 310.00 $ 9,300.00 $ 400.00 $ 12,000.00 2-F21 Veh.Sig.Sec. 12" LED Red EA 30 $ 355.00 $ 10,650.00 $ 310.00 $ 9,300.00 $ 400.00 $ 12,000.00 2-F22 Veh.Sig.Sec. 12" LED Grn.Arrow EA 13 $ 355.00 $ 4,615.00 $ 310.00 $ 4,030.00 $ 400.00 $ 5,200.00 2-F23 Veh.Sig.Sec. 12" LED el.Arrow EA 26 $ 355.00 $ 9,230.00 $ 310.00 $ 8,060.00 $ 400.00 $ 10,400.00 2-F24 Veh.Sig.Sec. 12" LED Red Arrow EA 13 $ 355.00 $ 4,615.00 $ 310.00 $ 4,030.00 $ 400.00 $ 5,200.00 2-F25 lTrl.Sig.Cbl. e A 12 AWG 2 Condr. LF 3,302 $ 2.00 $ 6,604.00 $ 2.00 $ 6,604.00 $ 2.50 $ 8,255.00 2-F26 Trf.Si .Cbl. e A 14 AWG 4 Condr. LF 2,972 $ 2.00 $ 5,944.00 $ 2.20 $ 6,538.40 $ 3.00 $ 8,916.00 2-F27 Trf.Sig.Cbl. e A 14 AWG 5 Condr. LF 320 $ 3.00 $ 960.00 $ 2.30 $ 736.00 $ 3.00 $ 960.00 2-F28 Trf.Sig.Cbl. e A 14 AWG 7 Condr. LF 1,087 $ 3.00 $ 3,261.00 $ 2.70 $ 2,934.90 $ 3.50 $ 3,804.50 2-F29 Trf.Sig.Cbl. e A 14 AWG 16 Condr. LF 2,048 $ 10.00 $ 20,480.00 $ 9.00 $ 18,432.00 $ 11.50 $ 23,552.00 2-F30 Ins.Trf.Sig.PL AM S 1 Ann 20' Lum. EA 1 $ 13,000.00 $ 13,000.00 $ 15,600.00 $ 15,600.00 $ 15,200.00 $ 15,200.00 2-F31 Ins.Trf.Sig.PL AM S 1 Ann 36' EA 1 $ 14,000.00 $ 14,000.00 $ 16,800.00 $ 16,800.00 $ 16,800.00 $ 16,800.00 2-F32 Ins.Trf.Sig.PL AM S 1 Ann 36' Lum. EA 1 $ 16,000.00 $ 16,000.00 $ 18,200.00 $ 18,200.00 $ 18,700.00 $ 18,700.00 2-F33 Ins.Trf.Sig.PL AM S 1 Ann 40' EA 3 $ 15,000.00 $ 45,000.00 $ 17,700.00 $ 53,100.00 $ 17,900.00 $ 53,700.00 2-F34 jIns.Trf.Sig.PL AM S 1 Ann 44' EA 6 $ 16,000.00 $ 96,000.00 $ 18,300.00 $ 109,800.00 $ 18,800.00 $ 112,800.00 2-F35 Ins.Trf.Si .PL AM S 1 Ann 44' Lum. EA 2 $ 18,000.00 $ 36,000.00 $ 19,900.00 $ 39,800.00 $ 20,900.00 $ 41,800.00 2-F36 Ped.Detect Push Button APS w/R10-3E sin Polara INS APS with iDetect EA 28 $ 1,000.00 $ 28,000.00 $ 935.00 $ 26,180.00 $ 1,200.00 $ 33,600.00 2-F37 Polara Ped Detector Controller Unit ICCU-S2 and Interconnect Board iN2ACB EA 4 $ 5,000.00 $ 20,000.00 $ 440.00 $ 1,760.00 $ 5,700.00 $ 22,800.00 2-F38 Ped.Sig.Sec. LED Countdown EA 28 $ 700.00 $ 19,600.00 $ 605.00 $ 16,940.00 $ 780.00 $ 21,840.00 2-F39 Ped.Pole Assembly EA 18 $ 1,400.00 $ 25,200.00 $ 1,240.00 $ 22,320.00 $ 1,600.00 $ 28,800.00 2-F40 Radar Presence Detector Wavetronix Smartsensor Matrix EA 15 $ 9,300.00 $ 139,500.00 $ 8,250.00 $ 123,750.00 $ 10,700.00 $ 160,500.00 2-F41 Wavetronix Click 656 Cabinet Interface Device EA 4 $ 9,000.00 $ 36,000.00 $ 7,920.00 $ 31,680.00 $ 10,300.00 $ 41,200.00 2-F42 Radar Presence Detector Comm.&Power Cable Smartsensor 6/C LF 2,111 $ 4.00 $ 8,444.00 $ 3.90 $ 8,232.90 $ 5.00 $ 10,555.00 Page 4 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Reytec Construction Bay Ltd. PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 1901 Hollister St. 401 Corn Products Rd.,Bldg.1 BASE BID 2-CONCRETE Corpus Christi,TX 78409 Houston,TX 77080 Corpus Christi,TX 78412 ITEM DESCRIPTION UNIT CITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2-F43 Mast Ann Damper Valmont Mitigator TR1 EA 14 $ 3,400.00 $ 47,600.00 $ 3,025.00 $ 42,350.00 $ 3,900.00 $ 54,600.00 Camera PTZ (Axis P5655-E PTZ, 1080P, WDR, x32, IP66, Dome Network Camera) 2-F44 including mounting equipment EA 4 $ 4,700.00 $ 18,800.00 $ 4,200.00 $ 16,800.00 $ 5,400.00 $ 21,600.00 2-F45 Ethernet Cable CAT 5E for PTZ LF 903 $ 3.00 $ 2,709.00 $ 2.20 $ 1,986.60 $ 3.00 $ 2,709.00 2-F46 Electrical Service and Cabinet EA 4 $ 6,800.00 $ 27,200.00 $ 6,050.00 $ 24,200.00 $ 7,800.00 $ 31,200.00 2-F47 ILSN LED 8S Durali ht JXM-STN (Rigid Back Mount EA 15 1$ 4,000.00 $ 60,000.00 $ 3,520.00 $ 52,800.00 $ 4,600.00 $ 69,000.00 2-F48 Controller Cabinet S-2 with Extension EA 4 $ 19,000.00 $ 76,000.00 $ 17,000.00 $ 68,000.00 $ 22,100.00 $ 88,400.00 2-F49 Controller Foundation EA 4 $ 2,900.00 $ 11,600.00 $ 2,600.00 $ 10,400.00 $ 3,300.00 $ 13,200.00 2-F50 Controller Econolite Cobalt ATC 1000 EA 4 $ 5,300.00 $ 21,200.00 $ 4,700.00 $ 18,800.00 $ 6,100.00 $ 24,400.00 2-F51 MMU2-16LEip With Ethernet Port EA 4 $ 2,100.00 $ 8,400.00 $ 1,900.00 $ 7,600.00 $ 2,400.00 $ 9,600.00 2-F52 Miovision TrafficLink Detection To Include Smartview 360 and Core DCM EA 4 $ 40,000.00 $ 160,000.00 $ 40,000.00 $ 160,000.00 $ 46,300.00 $ 185,200.00 Alpha FXM HP 1100 Rugged UPS Module with 48"Outdoor BBS Enclosure(SE48-1616) 2-F53 To Include All System Options) EA 4 $ 9,800.00 $ 39,200.00 $ 8,600.00 $ 34,400.00 $ 11,200.00 $ 44,800.00 2-F54 Allowance for Unanticipated Signalization Improvements LS 1 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART F-SIGNALIZATION IMPROVEMENTS(Items F1 thru F54) $ 1,500,183.00 $ 1,445,539.80 $ 1,695,671.50 Part G-STORM WATER DRAINAGE IMPROVEMENTS 2-G1 Mobilization Max 5% Part G LS 1 $ 180,000.00 $ 180,000.00 $ 140,000.00 $ 140,000.00 $ 90,000.00 $ 90,000.00 2-G2 12"Dia.RCP Class III LF 9 $ 171.00 $ 1,539.00 $ 200.00 $ 1,800.00 $ 440.00 $ 3,960.00 2-G3 15'Dia.RCP Class III LF 4 $ 184.00 $ 736.00 $ 227.00 $ 908.00 $ 890.00 $ 3,560.00 2-G4 18"Dia.RCP Class III LF 2,470 $ 173.00 $ 427,310.00 $ 212.00 $ 523,640.00 $ 180.00 $ 444,600.00 2-G5 24"Dia.RCP Class III LF 707 $ 180.00 $ 127,260.00 $ 236.00 $ 166,852.00 $ 190.00 $ 134,330.00 2-G6 30"Dia.RCP Class III LF 775 $ 236.00 $ 182,900.00 $ 280.00 $ 217,000.00 $ 220.00 $ 170,500.00 2-G7 36"Dia.RCP Class III LF 762 $ 304.00 $ 231,648.00 $ 358.00 $ 272,796.00 $ 270.00 $ 205,740.00 2-G8 42"Dia.RCP Class III LF 1,960 $ 382.00 $ 748,720.00 $ 414.00 $ 811,440.00 $ 320.00 $ 627,200.00 2-G9 54"Dia.RCP Class III LF 1 37 $ 677.00 $ 25,049.00 $ 790.00 $ 29,230.00 $ 520.00 $ 19,240.00 2-G10 60"Dia.RCP Class III LF 49 $ 802.00 $ 39,298.00 $ 890.00 $ 43,610.00 $ 580.00 $ 28,420.00 2-G11 Tie-In Existing 12"Dia.RCP EA 1 $ 1,500.00 $ 1,500.00 $ 800.00 $ 800.00 $ 1,400.00 $ 1,400.00 2-G12 Tie-In Existing 15'Dia.RCP EA 2 $ 1,550.00 $ 3,100.00 $ 900.00 $ 1,800.00 $ 1,500.00 $ 3,000.00 2-G13 Tie-In Existing 18"Dia.RCP EA 10 $ 1,600.00 $ 16,000.00 $ 1,100.00 $ 11,000.00 $ 1,500.00 $ 15,000.00 2-G14 Tie-In Existing 24"Dia.RCP EA 2 $ 1,600.00 $ 3,200.00 $ 1,500.00 $ 3,000.00 $ 1,500.00 $ 3,000.00 2-G15 Tie-In Existing 30"Dia.RCP EA 3 $ 1,800.00 $ 5,400.00 $ 1,600.00 $ 4,800.00 $ 1,600.00 $ 4,800.00 2-G16 Tie-In Existing 42"Dia.RCP EA 1 $ 3,300.00 $ 3,300.00 $ 2,900.00 $ 2,900.00 $ 1,700.00 $ 1,700.00 2-G17 Tie-In Existing 54"Dia.RCP EA 1 $ 3,600.00 $ 3,600.001$ 3,000.00 1$ 3,000.00 $ 1,800.00 $ 1,800.00 Page 5 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Reytec Construction Bay Ltd. PROJECT NO.18015A,21052,21056-Everhart Road—S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 1901 Hollister St. 401 Corn Products Rd.,Bldg.1 BASE BID 2-CONCRETE Corpus Christi,TX 78409 Houston,TX 77080 Corpus Christi,TX 78412 ITEM DESCRIPTION UNIT CITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2-G18 Tie-In Existing 5'x 5'RCB EA 1 $ 3,700.00 $ 3,700.00 $ 5,700.00 $ 5,700.00 $ 4,400.00 $ 4,400.00 2-G19 Tie-In to Proposed Inlet EA 3 $ 1,600.00 $ 4,800.00 $ 700.00 $ 2,100.00 $ 1,400.00 $ 4,200.00 2-G20 Tie-In to Existing Inlet EA 3 $ 1,600.00 $ 4,800.00 $ 900.00 $ 2,700.00 $ 2,900.00 $ 8,700.00 2-G21 Tie-In to Proposed Manhole EA 7 $ 3,200.00 $ 22,400.00 $ 700.00 $ 4,900.00 $ 1,700.00 $ 11,900.00 2-G22 Tie-In to Existing Manhole EA 2 $ 3,200.00 $ 6,400.00 $ 900.00 $ 1,800.00 $ 4,200.00 $ 8,400.00 2-G23 Sidewalk Drain EA 5 $ 4,000.00 $ 20,000.00 $ 5,100.00 $ 25,500.00 $ 2,300.00 1 $ 11,500.00 2-G24 5'Standard Curb Inlet EA 53 $ 5,300.00 $ 280,900.00 $ 6,150.00 $ 325,950.00 $ 8,500.00 $ 450,500.00 2-G25 5'Curb Inlet Extension EA 30 $ 3,300.00 $ 99,000.00 $ 2,160.00 $ 64,800.00 $ 2,500.00 $ 75,000.00 2-G26 Special Curb Inlet EA 2 $ 44,000.00 $ 88,000.00 $ 27,000.00 $ 54,000.00 $ 9,200.00 $ 18,400.00 2-G27 4'Dia.Concrete Storm Water Manhole T e'A' EA 7 $ 13,400.00 $ 93,800.00 $ 5,800.00 $ 40,600.00 $ 6,000.00 $ 42,000.00 2-G28 5'Dia.Concrete Storm Water Manhole T e'A' EA 7 $ 14,700.00 $ 102,900.00 $ 7,400.00 $ 51,800.00 $ 7,600.00 $ 53,200.00 2-G29 6'Dia.Concrete Storm Water Manhole T e'A' EA 1 $ 15,000.00 $ 15,000.00 $ 13,700.00 $ 13,700.00 $ 8,100.00 $ 8,100.00 2-G30 Concrete Storm Water Manhole(Type'C' EA 7 $ 16,000.00 $ 112,000.00 $ 10,700.00 $ 74,900.00 $ 11,600.00 $ 81,200.00 2-G31 Concrete Storm Water Manhole(Type'D' EA 13 $ 21,300.00 $ 276,900.00 $ 17,600.00 $ 228,800.00 $ 10,200.00 $ 132,600.00 2-G32 Adjust Existing Storm Water MH to Grade EA 2 $ 2,700.00 $ 5,400.00 $ 2,500.00 $ 5,000.00 $ 3,100.00 $ 6,200.00 2-G33 iSpecial Junction Box EA 1 $ 34,000.00 $ 34,000.00 $ 43,300.00 $ 43,300.00 $ 22,600.00 $ 22,600.00 2-G34 Special Manhole Riser EA 7 $ 17,000.00 $ 119,000.00 $ 11,900.00 $ 83,300.00 $ 8,300.00 $ 58,100.00 2-G35 Concrete Cap Repair on Exist.5'x 5'RCB EA 7 $ 3,400.00 $ 23,800.00 $ 5,000.00 $ 35,000.00 $ 4,700.00 $ 32,900.00 2-G36 Concrete Cap Repair on Exist.60"RCP EA 1 $ 2,800.00 $ 2,800.00 $ 3,000.00 $ 3,000.00 $ 4,700.00 $ 4,700.00 2-G37 6"Concrete Curb and Gutter LF 102 $ 32.00 $ 3,264.00 $ 40.00 $ 4,080.00 $ 53.00 $ 5,406.00 2-G38 6"Concrete Curb LF 14,338 $ 14.00 $ 200,732.00 $ 5.00 $ 71,690.00 $ 25.00 $ 358,450.00 2-G39 Trench Safety for Storm Water Conduits LF 6,687 $ 10.00 $ 66,870.00 $ 5.00 $ 33,435.00 $ 7.00 $ 46,809.00 2-G40 Trench Safetyfor Storm Water Manhole,Junction Box,and Inlets EA 95 $ 470.00 $ 44,650.00 $ 45.00 $ 4,275.00 $ 300.00 $ 28,500.00 2-G41 Allowance for Unanticipated Storm Water Improvements LS 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 SUBTOTAL PART G-STORM WATER DRAINAGE IMPROVEMENTS(Items G1 thru G41) $ 3,681,676.00 $ 3,464,906.00 $ 3,282,015.00 Part H-WATER IMPROVEMENTS 2-H1 Mobilization Max 5%Part H LS 1 $ 315,000.00 $ 315,000.00 $ 250,000.00 $ 250,000.00 $ 155,000.00 $ 155,000.00 2-H2 4"Tie-In Connection EA 2 $ 3,800.00 $ 7,600.00 $ 1,300.00 $ 2,600.00 $ 9,100.00 $ 18,200.00 2-H3 6"Dia.D.I.Waterline LF 1,041 $ 280.00 $ 291,480.00 $ 210.00 $ 218,610.00 $ 190.00 $ 197,790.00 2-H4 6"Tie-In Connection EA 16 $ 5,000.00 $ 80,000.00 $ 1,900.00 $ 30,400.00 $ 9,200.00 $ 147,200.00 2-H5 6"Dia.45`D.I.Bend EA 14 $ 544.00 $ 7,616.00 $ 656.00 $ 9,184.00 $ 430.00 $ 6,020.00 2-H6 6"Dia.900 D.I.Bend EA 1 $ 580.00 $ 580.00 $ 690.00 $ 690.00 $ 1,200.00 $ 1,200.00 2-H7 6"Gate Valve with Box and Cover EA 3 $ 2,400.00 $ 7,200.001$ 2,060.00 $ 6,180.00 $ 1,700.00 $ 5,100.00 Page 6 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Reytec Construction Bay Ltd. PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 1901 Hollister St. 401 Corn Products Rd.,Bldg.1 BASE BID 2-CONCRETE Corpus Christi,TX 78409 Houston,TX 77080 Corpus Christi,TX 78412 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2-H8 8"Dia.C900 PVC Waterline DR 18 LF 5,780 $ 150.00 $ 867,000.00 $ 145.00 $ 838,100.00 $ 110.00 $ 635,800.00 2-H9 8"Dia.D.I.Waterline LF 2,029 $ 295.00 $ 598,555.00 $ 186.00 $ 377,394.00 $ 170.00 $ 344,930.00 2-H10 8"Dia.11.25`D.I.Bend EA 2 $ 718.00 $ 1,436.00 $ 814.00 $ 1,628.00 $ 570.00 $ 1,140.00 2-H11 8"Dia.22.50 D.I.Bend EA 3 $ 694.00 $ 2,082.00 $ 800.00 $ 2,400.00 $ 550.00 $ 1,650.00 2-H12 8"Dia.450 D.I.Bend EA 136 $ 700.00 $ 95,200.00 $ 820.00 $ 111,520.00 $ 560.00 $ 76,160.00 2-H13 8"Dia.900 D.I.Bend EA 1 $ 796.00 $ 796.00 $ 925.00 $ 925.00 $ 620.00 1 $ 620.00 2-H14 8"Gate Valve with Box and Cover EA 49 $ 2,800.00 $ 137,200.00 $ 2,730.00 $ 133,770.00 $ 2,400.00 $ 117,600.00 2-H15 8"Tie-in Connection EA 9 $ 5,500.00 $ 49,500.00 $ 2,575.00 $ 23,175.00 $ 10,100.00 $ 90,900.00 2-H16 8"x 8"D.I.Tee EA 22 $ 1,000.00 $ 22,000.00 $ 1,115.00 $ 24,530.00 $ 860.00 $ 18,920.00 2-H17 8"x 6"Tapping Sleeve EA 1 $ 14,500.00 $ 14,500.00 $ 7,730.00 $ 7,730.00 $ 9,000.00 $ 9,000.00 2-H18 8"x 6"D.I.Reducer EA 13 $ 615.00 $ 7,995.00 $ 603.00 $ 7,839.00 $ 470.00 $ 6,110.00 2-H19 8"x 6"D.I.Tee EA 2 $ 945.00 $ 1,890.00 $ 1,050.00 $ 2,100.00 $ 830.00 $ 1,660.00 2-H2O 8"x 4"D.I.Reducer EA 2 $ 600.00 $ 1,200.00 $ 581.00 $ 1,162.00 $ 480.00 $ 960.00 2-H21 12"Dia.D.I.Waterline LF 130 $ 423.00 $ 54,990.00 $ 272.00 $ 35,360.00 $ 200.00 $ 26,000.00 2-H22 12"Dia.450 D.I.Bend EA 6 $ 1,600.00 $ 9,600.00 $ 1,227.00 $ 7,362.00 $ 1,300.00 $ 7,800.00 2-H23 12"x 8"Cross EA 1 $ 1,900.00 $ 1,900.00 $ 1,596.00 $ 1,596.00 $ 1,500.00 $ 1,500.00 2-H24 12"x 8"Tee EA 1 $ 1,900.00 $ 1,900.00 $ 1,417.00 $ 1,417.00 $ 1,300.00 $ 1,300.00 2-H25 12"Tie-in Connection EA 2 $ 9,500.00 $ 19,000.00 $ 3,670.00 $ 7,340.00 $ 11,100.00 $ 22,200.00 2-H26 12"Gate Valve with Box and Cover EA 4 $ 5,500.00 $ 22,000.00 $ 4,523.00 $ 18,092.00 $ 4,700.00 $ 18,800.00 2-H27 16"Tie-in Connection EA 1 $ 11,000.00 $ 11,000.00 $ 5,500.00 $ 5,500.00 $ 11,300.00 $ 11,300.00 2-H28 24"Dia.C900 PVC Waterline DR 18 LF 6,992 $ 491.00 $ 3,433,072.00 $ 360.00 $ 2,517,120.00 $ 350.00 $ 2,447,200.00 2-H29 24"Dia.D.I.Waterline LF 147 $ 873.00 $ 128,331.00 $ 496.00 $ 72,912.00 $ 460.00 $ 67,620.00 2-H30 24"Horiz.Gate Valve with 6'x 6'Vault EA 3 $ 82,000.00 $ 246,000.00 $ 105,000.00 $ 315,000.00 $ 72,700.00 $ 218,100.00 2-H31 24"Gate Valve with Box and Cover EA 2 $ 46,000.00 $ 92,000.00 $ 33,600.00 $ 67,200.00 $ 40,700.00 $ 81,400.00 2-H32 24"Dia.11.250 D.I.Bend EA 3 $ 4,500.00 $ 13,500.00 $ 5,100.00 $ 15,300.00 $ 3,600.00 $ 10,800.00 2-H33 24"Dia.22.50 D.I.Bend EA 1 $ 4,750.00 $ 4,750.00 $ 5,150.00 $ 5,150.00 $ 3,700.00 $ 3,700.00 2-H34 24"Dia.450 D.I.Bend EA 24 $ 4,600.00 $ 110,400.00 $ 5,150.00 $ 123,600.00 $ 3,700.00 $ 88,800.00 2-H35 24"x 8"D.I.Tee EA 4 $ 4,800.00 $ 19,200.00 $ 5,360.00 $ 21,440.00 $ 4,000.00 $ 16,000.00 2-H36 24"x 12"D.I.Tee EA 2 $ 5,300.00 $ 10,600.00 $ 5,680.00 $ 11,360.00 $ 4,400.00 $ 8,800.00 2-H37 24"x 24"D.I.Tee EA 2 $ 7,200.00 $ 14,400.00 $ 6,960.00 $ 13,920.00 $ 6,000.00 $ 12,000.00 2-H38 24"x 16"D.I.Reducer EA 1 $ 4,000.00 $ 4,000.00 $ 6,270.00 $ 6,270.00 $ 3,300.00 $ 3,300.00 2-H39 24"x 20"D.I.Reducer EA 2 $ 4,300.00 $ 8,600.00 $ 4,920.00 $ 9,840.00 $ 3,500.00 $ 7,000.00 2-H40 42"Dia.Steel CasingPie Oen Cut LF 24 $ 1,100.00 $ 26,400.00 $ 590.00 $ 14,160.00 $ 680.00 $ 16,320.00 2-H41 Remove Existing20"Valve Assemblyand Vault EA 4 $ 4,400.00 $ 17,600.00 $ 2,400.00 $ 9,600.00 $ 7,300.00 $ 29,200.00 2-H42 20"Tie-in Connection EA 2 $ 15,000.00 $ 30,000.00 $ 13,900.00 $ 27,800.00 $ 15,900.00 $ 31,800.00 Page 7 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Reytec Construction Bay Ltd. PROJECT NO.18015A,21052,21056-Everhart Road—S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 1901 Hollister St. 401 Corn Products Rd.,Bldg.1 BASE BID 2-CONCRETE Corpus Christi,TX 78409 Houston,TX 77080 Corpus Christi,TX 78412 ITEM DESCRIPTION UNIT CITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2-H43 Fire Hydrant Assembly(Type 1 EA 45 $ 12,000.00 $ 540,000.00 $ 7,185.00 $ 323,325.00 $ 9,900.00 $ 445,500.00 2-H44 Fire Hydrant Assembly(Type 2 EA 1 $ 10,000.00 $ 10,000.00 $ 8,940.00 $ 8,940.00 $ 10,800.00 $ 10,800.00 2-H45 Adjust Exist.Water Valve Box to Finish Grade EA 5 $ 915.00 $ 4,575.00 $ 945.00 $ 4,725.00 $ 1,500.00 $ 7,500.00 2-H46 1"Water Service ShortEA 8 $ 2,600.00 $ 20,800.00 $ 1,550.00 $ 12,400.00 $ 3,700.00 $ 29,600.00 2-H47 1"Water Service Lon EA 2 $ 4,400.00 $ 8,800.00 $ 4,420.00 $ 8,840.00 $ 3,800.00 $ 7,600.00 2-H48 Abandon in Place Ex.6"AC waterline Fill with Grout LF 1,831 $ 23.00 $ 42,113.00 $ 9.00 $ 16,479.00 $ 4.50 $ 8,239.50 2-H49 Abandon in Place Ex.8"AC waterline Fill with Grout LF 5,443 $ 24.00 $ 130,632.00 $ 11.00 $ 59,873.00 $ 6.50 $ 35,379.50 2-H50 Trench Safet for Waterlines LF 16,053 $ 6.00 1$ 96,318.00 $ 1.00 1$ 16,053.00 $ 3.00 $ 48,159.00 2-H51 jAllowance for Unanticipated Water Improvements I LS 1 $ 75,000.00 $ 75,000.00 $ 75,000.00 1$ 75,000.00 $ 75,000.00 $ 75,000.00 SUBTOTAL PART H-WATER IMPROVEMENTS(Items H1 thru H51) $ 7,716,311.00 $ 5,882,911.00 $ 5,634,678.00 Part I-WASTEWATER IMPROVEMENTS 2-11 Mobilization Max 5%Part LS 1 $ 54,000.00 $ 54,000.00 $ 80,000.00 $ 80,000.00 $ 47,000.00 $ 47,000.00 2-12 Rehab Existing 27"Dia.VCP Wastewater Gravity Line with C.I.P.P. LF 2,764 $ 262.00 $ 724,168.00 $ 396.00 $ 1,094,544.00 $ 300.00 $ 829,200.00 2-13 Rehabilitate Existing Brick Manhole EA 3 $ 30,000.00 $ 90,000.00 $ 35,700.00 $ 107,100.00 $ 34,700.00 $ 104,100.00 2-14 Bypass Pumping of Raw Sewage LS 1 $ 125,000.00 $ 125,000.00 $ 150,000.00 $ 150,000.00 $ 85,500.00 $ 85,500.00 2-15 Trench Safety for Wastewater Manhole EA 3 $ 626.00 $ 1,878.00 $ 1,500.00 $ 4,500.00 $ 710.00 $ 2,130.00 2-I6 Well Point Dewatering LF 2,764 $ 38.00 $ 105,032.00 $ 15.00 $ 41,460.00 $ 71.00 $ 196,244.00 2-17 Adjust Ex sting Manhole to Finish Grade EA 14 $ 5,000.00 $ 70,000.00 $ 2,000.00 $ 28,000.00 $ 5,600.00 $ 78,400.00 2-18 Wastewater Service Connection with Cleanout EA 8 $ 5,100.00 $ 40,800.00 $ 5,400.00 $ 43,200.00 $ 5,800.00 $ 46,400.00 2-19 Abandon in Place Ex.8"wastewater line Fill with Grout LF 245 $ 45.00 $ 11,025.00 $ 43.00 $ 10,535.00 $ 6.50 $ 1,592.50 2-110 8"Dia.Plug EA 1 1 $ 3,200.00 $ 3,200.00 $ 45.00 $ 45.00 $ 3,700.00 $ 3,700.00 2-111 30"Dia.C900 PVC Force Main DR 18 EA 124 $ 980.00 $ 121,520.00 $ 872.00 $ 108,128.00 $ 1,100.00 $ 136,400.00 2-112 30"Dia.45`D.I.Bend with Ceramic Epoxy Linin EA 4 $ 15,000.00 $ 60,000.00 $ 10,750.00 $ 43,000.00 $ 16,700.00 $ 66,800.00 2-113 30"Dia.90`D.I.Bend with Ceramic Epoxy Linin EA 1 $ 16,000.00 $ 16,000.00 $ 11,650.00 $ 11,650.00 $ 18,300.00 $ 18,300.00 2-114 30"Dia.Plug EA 2 $ 7,000.00 $ 14,000.00 $ 5,450.00 $ 10,900.00 $ 7,900.00 $ 15,800.00 2-115 Allowance for Unanticipated Wastewater Improvements LS 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 SUBTOTAL PART I-WASTEWATER IMPROVEMENTS(Items 11 thru 115) $ 1,486,623.00 $ 1,783,062.00 $ 1,681,566.50 III PartJ-GAS IMPROVEMENTS 2-J1 Mobilization Max 5%Part) LS 1 $ 18,000.00 $ 18,000.00 $ 12,000.00 $ 12,000.00 $ 9,400.00 $ 9,400.00 2-J2 Trenchin /Backfil lin for Gas Lines 2"-6"Dia. LF 2,636 $ 28.00 $ 73,808.00 1$ 42.00 1$ 110,712.00 1$ 33.00 1 $ 86,988.00 Page 8 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Reytec Construction Bay Ltd. PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 1901 Hollister St. 401 Corn Products Rd.,Bldg.1 BASE BID 2-CONCRETE Corpus Christi,TX 78409 Houston,TX 77080 Corpus Christi,TX 78412 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2-J3 Trenchin /Backfil ling for Gas Lines 8"-10"Dia. LF 4,724 $ 36.00 $ 170,064.00 $ 31.00 $ 146,444.00 $ 34.00 $ 160,616.00 2-J4 Ad ust Existing Gas Valve Boxes To Finish Grade EA 10 $ 770.00 $ 7,700.00 $ 1,100.00 $ 11,000.00 $ 1,700.00 $ 17,000.00 2-J5 Remove Existing Gas Lines LF 662 $ 33.00 $ 21,846.00 $ 28.00 $ 18,536.00 $ 72.00 $ 47,664.00 2-J6 Abandon in Place Existing 4"Gas Line LF 145 $ 12.00 $ 1,740.00 $ 5.00 $ 725.00 $ 8.50 $ 1,232.50 2-J7 Abandon in Place Existing 6"Gas Line LF 314 $ 14.00 $ 4,396.00 $ 6.00 $ 1,884.00 $ 6.00 $ 1,884.00 2-J8 Abandon in Place Existing 8"Gas Line LF 1,207 $ 15.00 $ 18,105.00 $ 6.00 $ 7,242.00 $ 4.00 $ 4,828.00 2-J9 Abandon in Place Existing 10"Gas Line LF 3,139 S 16.00 $ 50,224.00 $ 8.00 $ 25,112.00 $ 3.50 $ 10,986.50 SUBTOTAL PART J-GAS IMPROVEMENTS(Items J1 thru J9) $ 365,883.00 $ 333,655.00 $ 340,599.00 Part K-ENVIRONMENTAL IMPROVEMENTS 271 Allowance for Unanticipated Disposal of Contaminated Soil or Groundwater LS 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 1$ 50.000.00 1 $ 50,000.00 SUBTOTAL PART K-ENVIRONMENTAL IMPROVEMENTS(Item K1) $ 50,000.00 $ 50,000.00 $ 50,000.00 Part L-S.P.I.D.INTERSECTION WATERLINE IMPROVEMENTS 2-11 Mobilization Max 5%Part L) LS 1 $ 157,000.00 $ 157,000.00 $ 150,000.00 $ 150,000.00 $ 60,000.00 $ 60,000.00 2-12 8"Dia.D.I.Waterline Material Only) LF 140 $ 57.00 $ 7,980.00 $ 59.00 $ 8,260.00 $ 62.00 $ 8,680.00 2-13 8"Dia.45`D.I.Bend Material Only) EA 8 $ 480.00 $ 3,840.00 $ 360.00 $ 2,880.00 $ 550.00 $ 4,400.00 2-14 8"Gate Valve with Box and Cover Material Only) EA 3 $ 2,500.00 $ 7,500.00 $ 1,900.00 $ 5,700.00 $ 2,400.00 $ 7,200.00 2-15 8"x 8"D.I.Tee Material Only) EA 1 $ 785.00 $ 785.00 $ 590.00 $ 590.00 $ 850.00 $ 850.00 2-16 24"Dia.C900 PVC Waterline DR 18 Material Only) LF 500 $ 250.00 $ 125,000.00 $ 222.00 $ 111,000.00 $ 240.00 $ 120,000.00 2-17 30"Dia.C900 PVC Waterline DR 18 Material Only) LF 200 $ 386.00 $ 77,200.00 $ 321.00 $ 64,200.00 $ 380.00 $ 76,000.00 2-18 42"Dia.Steel Casing Pipe,5/8" Bore Material Only) LF 400 $ 435.00 $ 174,000.00 $ 342.00 $ 136,800.00 $ 390.00 $ 156,000.00 2-19 48"Dia.Steel Casing Pipe,5/8" Oen Cut Material Only) LF 200 $ 645.00 $ 129,000.00 $ 500.00 $ 100,000.00 $ 580.00 $ 116,000.00 2-110 30"Horiz.Gate Valve with 6'x 6'Vault Material Only) EA 1 3 $ 86,000.00 $ 258,000.00 $ 120,000.00 $ 360,000.00 1$ 75,400.00 1 $ 226,200.00 2-111 24"Dia.45`D.I.Bend Material Only) EA 2 $ 4,100.00 $ 8,200.00 $ 3,100.00 $ 6,200.00 $ 4,000.00 $ 8,000.00 2-112 30"Dia.45`D.I.Bend Material Only) EA 2 $ 9,600.00 $ 19,200.00 $ 7,300.00 $ 14,600.00 $ 8,900.00 $ 17,800.00 2-113 24"x 8"D.I.Tee Material Only) EA 4 $ 4,300.00 $ 17,200.00 $ 3,200.00 $ 12,800.00 $ 4,000.00 $ 16,000.00 2-114 30"x 30"D.I.Tee Material Only) EA 1 $ 15,400.00 $ 15,400.00 $ 11,500.00 $ 11,500.00 $ 14,100.00 $ 14,100.00 2-115 36"x 30"D.I.Tee Material Only) EA 1 $ 18,000.00 $ 18,000.00 $ 13,700.00 $ 13,700.00 $ 16,900.00 $ 16,900.00 2-116 36"x 24"D.I.Reducer Material Only) EA 1 $ 8,500.00 $ 8,500.00 $ 6,400.00 $ 6,400.00 $ 8,200.00 $ 8,200.00 2-117 Remove Existing 30"Valve Assembly and Vault EA 1 § 5,100.00 $ 5,100.00 $ 5,200.00 $ 5,200.00 $ 7,800.00 $ 7,800.00 2-118 Remove Existing30"Waterline LF 200 $ 98.00 $ 19,600.00 $ 118.00 $ 23,600.00 $ 140.00 $ 28,000.00 Page 9 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Reytec Construction Bay Ltd. PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 1901 Hollister St. 401 Corn Products Rd.,Bldg.1 BASE BID 2-CONCRETE Corpus Christi,TX 78409 Houston,TX 77080 Corpus Christi,TX 78412 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNITPRICE AMOUNT 2-119 Grout Fill and Abandon Existing 20"Waterline LF 350 $ 82.00 $ 28,700.00 $ 65.00 $ 22,750.00 $ 12.50 $ 4,375.00 2-120 Grout Fill and Abandon Existing 36"Waterline LF 50 $ 264.00 $ 13,200.00 $ 212.00 $ 10,600.00 $ 20.00 $ 1,000.00 2-121 8"Tie-in Connection EA 2 $ 6,705.00 $ 13,410.00 $ 2,900.00 $ 5,800.00 $ 6,700.00 $ 13,400.00 2-122 30"Tie-in Connection EA 2 $ 23,000.00 $ 46,000.00 $ 12,500.00 $ 25,000.00 $ 12,400.00 $ 24,800.00 2-123 36"Tie-in Connection EA 1 $ 30,000.00 $ 30,000.00 $ 19,000.00 $ 19,000.00 $ 17,800.00 $ 17,800.00 2-124 30"D.I.Water Line Stop EA 2 $ 86,000.00 $ 172,000.00 $ 127,000.00 $ 254,000.00 $ 119,500.00 1 $ 239,000.00 2-125 Plowable Fill Excavatable CY 400 $ 252.00 $ 100,800.00 $ 218.00 $ 87,200.00 $ 950.00 $ 380,000.00 2-126 Trench Safety for Waterlines LF 340 $ 32.00 $ 10,880.00 $ 31.00 $ 10,540.00 $ 12.50 $ 4,250.00 2-127 Curb Inlet Protection EA 8 $ 310.00 $ 2,480.00 $ 216.00 $ 1,728.00 $ 240.00 $ 1,920.00 2-128 Street Excavation SY 500 $ 55.00 $ 27,500.00 $ 15.00 $ 7,500.00 $ 27.00 $ 13,500.00 2-129 12"Crushed Limestone Flexible Base(Type A,Gr.1-2 SY 500 $ 64.00 $ 32,000.00 $ 54.00 $ 27,000.00 $ 75.00 $ 37,500.00 2-130 Prime Coat 0.15 GAUSY GAL 75 $ 24.00 $ 1,800.00 $ 9.00 $ 675.00 $ 10.50 $ 787.50 2-131 2"HMACP(Type D Surface Course SY 500 $ 46.00 $ 23,000.00 $ 60.00 $ 30,000.00 $ 30.00 $ 15,000.00 2-132 8"HMACP(Type B Base Course SY 500 $ 123.00 $ 61,500.00 $ 84.00 $ 42,000.00 $ 110.00 $ 55,000.00 2-133 2"Mill and Overlay SY 600 $ 57.00 $ 34,200.00 $ 60.00 $ 36,000.00 $ 91.00 $ 54,600.00 2-134 4"Thick Stamped Colored Concrete SY 1 200 $ 124.00 $ 24,800.00 $ 174.00 $ 34,800.00 $ 110.00 $ 22,000.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 2-135 W ARROW 125MIL EA 5 $ 188.00 $ 940.00 $ 180.00 $ 900.00 $ 210.00 $ 1,050.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 2-136 W ORD 125MIL EA 3 $ 313.00 $ 939.00 $ 300.00 $ 900.00 $ 350.00 $ 1,050.00 2-137 REFL PAV MRK TY W 4"BRK 090MIL LF 300 $ 2.00 $ 600.00 $ 1.00 $ 300.00 $ 1.00 $ 300.00 2-138 REFL PAV MRK TY W 6"SLD 090MIL LF 300 $ 2.00 $ 600.00 $ 1.00 $ 300.00 $ 1.50 $ 450.00 2-139 REFL PAV MRK TY W 4"DOTTED 2'SEG,4'GAP 090MIL LF 260 $ 2.00 $ 520.00 $ 1.00 $ 260.00 $ 1.00 $ 260.00 2-140 REFL PAV MRK TY W 8"SLD 090MIL LF 300 $ 2.00 $ 600.00 $ 1.60 $ 480.00 $ 1.00 $ 300.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 2-141 W 24"SLD 125MIL LF 100 $ 15.00 $ 1,500.00 $ 19.00 $ 1,900.00 $ 22.00 $ 2,200.00 2-142 TY II-C-R Raised Pavement Marker Reflectorized EA 50 $ 6.00 $ 300.00 $ 6.00 $ 300.00 $ 7.00 $ 350.00 2-L43 TY II-A-A Raised Pavement Marker Reflectorized EA 50 $ 7.00 $ 350.00 $ 7.00 $ 350.00 $ 8.50 $ 425.00 2-1_44 Allowance for Installation of Water Improvements LS 1 $ 1,500,000.00 $ 1,500,000.00 $ 1,500,000.00 $ 1,500,000.00 $ 1,500,000.00 $ 1,500,000.00 2-145 jAllowance for Additional Traffic Control LS 1 $ 300,000.00 $ 300,000.00 $ 300,000.00 1$ 300,000.00 $ 300,000.00 $ 300,000.00 SUBTOTAL PART L-S.P.I.D.INTERSECTION WATERLINE IMPROVEMENTS(Items L1 thru L45) $ 3,480,124.00 $ 3,453,713.00 $ 3,583,447.50 TOTAL BASE BID 2-CONCRETE $ 29,385,295.00 $ 29,723,325.60 $ 31,727,486.75 Page 10 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Bay Ltd. Reytec Construction PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 401 Corn Products Rd.,Bldg.1 1901 Hollister St. BASE BID 1-HMAC Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77080 NO BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part A-GENERAL 1-A1 Mobilization Max 5%Part A LS 1 $ 65,000.00 $ 65,000.00 $ 85,000.00 $ 85,000.00 1-A2 Bonds and Insurance Max 2% LS 1 $ 170,000.00 $ 170,000.00 $ 1.50 $ 1.50 1-A3 Clear Right-of-Way AC 14 $ 43,000.00 $ 602,000.00 $ 156,725.00 $ 2,194,150.00 1-A4 Ozone Day DAY 4 $ 1.00 $ 4.00 $ 750.00 $ 3,000.00 1-A5 Survey Monument EA 2 $ 1,250.00 $ 2,500.00 $ 380.00 $ 760.00 1-A6 Traffic Control Mobilization/Adjustments LS 1 $ 385,000.00 $ 385,000.00 $ 53,000.00 $ 53,000.00 1-A7 Traffic Control Items(Signs,Barricades,Channelizing Devices,LPCBs,etc. MO 24 $ 3,500.00 $ 84,000.00 $ 11,800.00 $ 283,200.00 1-A8 Arrow Boards for Traffic Control EA 4 $ 6,700.00 $ 26,800.00 $ 9,500.00 $ 38,000.00 1-A9 1 Message Boards for Traffic Control Full Matrix EA 5 $ 25,000.00 $ 125,000.00 $ 14,400.00 $ 72,000.00 1-A10 Temporary Si nalization for Traffic Control LS 1 $ 59,000.00 $ 59,000.00 $ 66,500.00 $ 66,500.00 1-All Temporary Pavement for Detours SY 5,000 $ 50.00 $ 250,000.00 $ 73.00 $ 365,000.00 1-Al2 Block Sodding SY 6,180 $ 11.00 $ 67,980.00 $ 13.00 $ 80,340.00 1-A13 Silt Fence for Storm Water Pollution Prevention LF 9,352 $ 4.00 $ 37,408.00 $ 7.50 $ 70,140.00 1-A14 Curb Inlet Protection EA 57 $ 250.00 $ 14,250.00 $ 210.00 $ 11,970.00 1-A15 Storm Water Pollution Prevention Plan LS 1 $ 13,000.00 $ 13,000.00 $ 3,800.00 $ 3,800.00 SUBTOTAL PART A-GENERAL(items Al thru A15) $ 1,901,942.00 $ 3,326,861.50 Part B-STREET IMPROVEMENTS 1-B1 Mobilization Max 5%Part B LS 1 $ 158,400.00 $ 158,400.00 $ 302,000.00 $ 302,000.00 1-B2 Street Excavation SY 49,781 $ 26.00 $ 1,294,306.00 $ 17.50 $ 871,167.50 1-B3 8"Lime Stabilized Sub rade SY 49,781 $ 19.00 $ 945,839.00 $ 29.00 $ 1,443,649.00 1-B4 16"Crushed Limestone Flexible Base(Type A,Gr.1-2 SY 49,781 $ 56.00 $ 2,787,736.00 $ 72.00 $ 3,584,232.00 1-B5 Prime Coat 0.15 GAL/SY GAL 6,699 $ 8.00 $ 53,592.00 $ 8.50 $ 56,941.50 1-B6 One Course Surface Treatment Undersea)(Asphalt Binder and Aggregate) SY 44,378 $ 5.00 $ 221,890.00 $ 6.00 $ 266,268.00 1-B7 3"HMACP(Type D Surface Course SY 44,378 $ 32.00 $ 1,420,096.00 $ 30.00 $ 1,331,340.00 1-B8 4.5"HMACP e B Base Course SY 44,662 $ 39.00 $ 1,741,818.00 $ 37.00 $ 1,652,494.00 1- I6"Concrete Driveway Class A SF 36,712 $ 14.50 $ 532,324.00 $ 21.00 $ 770,952.00 1-B10 6"Concrete Driveway Class HES SF 6,000 $ 15.00 $ 90,000.00 $ 22.00 $ 132,000.00 1-B11 Concrete Median SF 2,743 $ 11.00 $ 30,173.00 $ 17.50 $ 48,002.50 1-B12 2"Mill and Overlay SY 530 $ 61.00 $ 32,330.00 $ 53.00 $ 28,090.00 1-B13 6"Header Curb e B LF 100 $ 11.00 $ 1,100.00 $ 55.00 $ 5,500.00 1-B14 Unanticipated Concrete Driveway Removal SF 250 $ 3.00 $ 750.00 $ 17.50 $ 4,375.00 Page 1 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Bay Ltd. Reytec Construction PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 401 Corn Products Rd.,Bldg.1 1901 Hollister St. BASE BID 1-HMAC Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77080 NO BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-B15 Asphalt Pavement Repair e 1 SY 500 $ 93.00 $ 46,500.00 $ 120.00 $ 60,000.00 1-B16 Asphalt Pavement Repair Parkin Lots SF 3,000 $ 14.00 $ 42,000.00 $ 16.50 $ 49,500.00 1-B17 6"Concrete Pavement Repair Parkin Lots SF 2,500 $ 11.00 $ 27,500.00 $ 31.00 $ 77,500.00 1-B18 Ad ust Ex sting Manhole to Finish Grade EA 3 $ 2,700.00 $ 8,100.00 $ 2,700.00 $ 8,100.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 1-B19 W ARROW 125MIL EA 63 $ 187.00 $ 11,781.00 $ 210.00 $ 13,230.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 1-B20 W ORD 125MIL EA 14 $ 310.00 $ 4,340.00 $ 350.00 $ 4,900.00 1-B21 REFL PAV MRK TY Y 4"BRK 090MIL LF 1,800 $ 1.00 $ 1,800.00 $ 1.00 $ 1,800.00 1-B22 REFL PAV MRK TY Y 4"SLD 090MIL LF 1 8,401 $ 1.00 $ 8,401.00 $ 1.00 $ 8,401.00 1-B23 REFL PAV MRK TY Y 4"SLD DBL 090MIL LF 1,785 $ 2.00 $ 3,570.00 $ 2.50 $ 4,462.50 1-B24 REFL PAV MRK TY W 4"BRK 090MIL LF 3,120 $ 1.00 $ 3,120.00 $ 1.00 $ 3,120.00 1-B25 REFL PAV MRK TY W 4"SLD 090MIL LF 207 $ 1.00 $ 207.00 $ 1.00 $ 207.00 1-B26 REFL PAV MRK TY W 4"DOTTED 2'SEG,4'GAP 090MIL LF 260 $ 1.00 $ 260.00 $ 1.00 $ 260.00 1-B27 IREFL PAV MRK TY W 8"SLD 090MIL LF 1,350 $ 2.00 $ 2,700.00 $ 2.00 $ 2,700.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 1-B28 W 24"SLD 125MIL LF 400 $ 20.00 $ 8,000.00 $ 22.00 $ 8,800.00 1-B29 TY II-C Raised Pavement Marker Refiectorized EA 325 $ 6.00 1$ 1,950.00 $ 7.00 $ 2,275.00 1-B30 TY II-A-A Raised Pavement Marker Reflectorized EA 1 250 $ 6.00 $ 1,500.00 $ 7.00 $ 1,750.00 1-B31 TY II-B-B Raised Pavement Marker Reflectorized EA 46 $ 7.00 $ 322.00 $ 8.50 $ 391.00 1-B32 Furnish and Install Street Sign Assembly w/Stop Sign Only EA 2 $ 980.00 $ 1,960.00 $ 1,100.00 $ 2,200.00 1-B33 Furnish and Install Street Sign Assembly w/9"Blades Green and Stop Sin EA 12 $ 1,100.00 $ 13,200.00 $ 1,300.00 $ 15,600.00 Furnish And Install Roadside Traffic Sign And Sign Support Assembly(Triangular Slipbase 1-B34 S stem) EA 39 $ 950.00 $ 37,050.00 $ 1,100.00 $ 42,900.00 1-B35 jAllowance for Unanticipated Street-Related Improvements LS 1 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items 131 thru B35) $ 9,634,615.00 $10,905,108.00 Part C-RTA IMPROVEMENTS 1-C1 Mobilization Max 5%Part C LS 1 $ 3,000.00 $ 3,000.00 $ 5,000.00 $ 5,000.00 1-C29"Concrete Bus StopPad SF 3.960 $ 15.00 $ 59,400.00 $ 33.00 $ 130,680.00 1-C3 5"Pedestrian Concrete Bus Stop Pad SF 1.082 S 14.00 $ 15,148.00 $ 43.00 $ 46,526.00 SUBTOTAL PART C-RTA IMPROVEMENTS(Items C1 thru C3) $ 77,548.00 $ 182,206.00 Page 2 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Bay Ltd. Reytec Construction PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 401 Corn Products Rd.,Bldg.1 1901 Hollister St. BASE BID 1-HMAC Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77080 NO BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part D-ADA IMPROVEMENTS 1-D1 Mobilization Max 5%Part D LS 1 $ 18,000.00 $ 18,000.00 $ 22,000.00 $ 22,000.00 1-D2 4"Thick Concrete Sidewalk SF 50,548 $ 9.50 $ 480,206.00 $ 11.00 $ 556,028.00 1-D3 Concrete Curb Ramp SF 4,328 $ 35.00 $ 151,480.00 $ 37.00 $ 160,136.00 1-D4 Sidewalk Retaining Curb LF 535 $ 21.00 $ 11,235.00 $ 58.00 $ 31,030.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 1-D5 W 24" SLD 125MIL LF 650 $ 20.00 $ 13,000.00 $ 22.00 $ 14,300.00 1-D6 Unanticipated Concrete Sidewalk Removal SF 500 $ 3.00 $ 1,500.00 $ 7.00 $ 3,500.00 1-D7 Allowance for Unanticipated ADA Improvements LS 1 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 SUBTOTAL PART D-ADA IMPROVEMENTS(Items D1 thru D7) $ 690,421.00 $ 801,994.00 Part E-I.T.IMPROVEMENTS 1-E1Mobilization Max 5%Part E LS 1 $ 8,000.00 $ 8,000.00 $ 5,000.00 $ 5,000.00 1-E2 2"PVC Schedule 40 IT Conduit with Mule Tae LF 7.200 S 15.00 $ 108,000.00 $ 17.00 $ 122,400.00 1-E3 2"PVC Schedule 40 IT Conduit with Mule Tae BORE LF 262 $ 38.00 $ 9,956.00 $ 42.00 $ 11,004.00 1-E4 24"x36"x24"Pullbox(Handhole) EA 14 $ 2,700.00 $ 37,800.00 $ 3,000.00 $ 42,000.00 SUBTOTAL PART E-I.T.IMPROVEMENTS(Items E1 thru E4) $ 163,756.00 $ 180,404.00 Part F-SIGNALIZATION IMPROVEMENTS 1-F1 Mobilization Max 5%Part F LS 1 $ 72,000.00 $ 72,000.00 $ 47,000.00 $ 47,000.00 1-F2 Drill Shaft Trf.Sig.Pole 24" LF 119 $ 164.00 $ 19,516.00 $ 180.00 $ 21,420.00 1-F3 Pedestal Pole Spread Footing Burne Drive EA 1 $ 1,500.00 $ 1,500.00 $ 14,000.00 $ 14,000.00 1-F4 Drill Shaft Trf.Sig.Pole 36" LF 226 $ 350.00 $ 79,100.00 $ 400.00 $ 90,400.00 1-F5 Conduit PVC Sch.40 2" LF 362 $ 25.00 $ 9,050.00 $ 28.00 $ 10,136.00 1-F6 Conduit PVC Sch.40 2" Bore LF 1,575 $ 37.00 $ 58,275.00 $ 42.00 $ 66,150.00 1-F7 Conduit PVC Sch.40 3" LF 520 $ 31.00 $ 16,120.00 $ 35.00 $ 18,200.00 1-F8 Conduit PVC Sch.40 4" LF 179 $ 37.00 $ 6,623.00 $ 42.00 $ 7,518.00 1-F9 Conduit PVC Sch.40 4" Bore LF 1,t74 $ 50.00 $ 70,100.00 $ 56.00 $ 78,512.00 1-1`10 Elec.Condr. No.6 Bare LF $ 3.00 $ 111.00 $ 3.50 $ 129.50 1-1`11 Elec.Condr. No.6 Insulated LF $ 3.00 $ 222.00 $ 4.00 $ 296.00 1-F12 Elec.Condr. No.8 Insulated LF 2,252 $ 2.00 $ 4,504.00 $ 2.00 1$ 4,504.00 Page 3 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Bay Ltd. Reytec Construction PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 401 Corn Products Rd.,Bldg.1 1901 Hollister St. BASE BID 1-HMAC Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77080 NO BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-F13 Tray Cable 3 Condr. 12 AWG LF 3,155 $ 2.00 $ 6,310.00 $ 2.50 $ 7,887.50 1-F14 Luminaire Cbl. 12 AWG 2 Condr. W/Ground LF 903 $ 2.00 $ 1,806.00 $ 2.50 $ 2,257.50 1-F15 Ground Box Type D 162922 W/Apron EA 20 $ 2,000.00 $ 40,000.00 $ 1,900.00 $ 38,000.00 1-F16 Install Hi hway Traffic Signal Isolated EA 4 $ 6,800.00 $ 27,200.00 $ 7,700.00 $ 30,800.00 Louvered Vacuum Formed ABS Back Plate(12")(3 SEC)with 3M,2"Yellow Reflective 1-F17 Tae EA 30 $ 218.00 $ 6,540.00 $ 240.00 $ 7,200.00 Louvered Vacuum Formed ABS Back Plate(12")(4 SEC)with 3M,2"Yellow Reflective 1-F18 Tae EA 13 $ 243.00 $ 3,159.00 $ 270.00 $ 3,510.00 1-F19 Veh.Sig.Sec. 12" LED Grn. EA 30 $ 350.00 $ 10,500.00 $ 390.00 $ 11,700.00 1-F20 Veh.Sig.Sec. 12" LED el. EA 30 $ 350.00 $ 10,500.00 $ 390.00 $ 11,700.00 1-F21 Veh.Sig.Sec. 12" LED Red EA 30 $ 350.00 $ 10,500.00 $ 390.00 $ 11,700.00 1-F22 Veh.Sig.Sec. 12" LED Grn.Arrow EA 13 $ 350.00 $ 4,550.00 $ 390.00 $ 5,070.00 1-F23 Veh.Sig.Sec. 12" LED el.Arrow EA 26 $ 350.00 $ 9,100.00 $ 390.00 $ 10,140.00 1-F24 Veh.Sig.Sec. 12" LED Red Arrow EA 13 $ 350.00 $ 4,550.00 $ 390.00 $ 5,070.00 1-F25 lTrl.Sig.Cbl. e A 12 AWG 2 Cond r.) LF 3,302 $ 2.00 $ 6,604.00 $ 2.50 $ 8,255.00 1-F26 Trf.Si .Cbl. e A 14 AWG 4 Condr. LF 2,972 $ 2.00 $ 5,944.00 $ 3.00 $ 8,916.00 1-F27 Trf.Sig.Cbl. e A 14 AWG 5 Condr. LF 320 $ 3.00 $ 960.00 $ 3.00 $ 960.00 1-F28 Trf.Sig.Cbl. e A 14 AWG 7 Condr. LF 1,087 $ 3.00 $ 3,261.00 $ 3.50 $ 3,804.50 1-F29 Trf.Sig.Cbl. e A 14 AWG 16 Cord r.) LF 2,048 $ 10.00 $ 20,480.00 $ 11.50 $ 23,552.00 1-F30 Ins.Trf.Sig.PL AM S 1 Ann 20' Lum. EA 1 $ 13,000.00 $ 13,000.00 $ 15,000.00 $ 15,000.00 1-F31 Ins.Trf.Sig.PL AM S 1 Ann 36' EA 1 $ 15,000.00 $ 15,000.00 $ 16,500.00 $ 16,500.00 1-F32 Ins.Trf.Sig.PL AM S 1 Ann 36' Lum. EA 1 $ 16,000.00 $ 16,000.00 $ 18,300.00 $ 18,300.00 1-F33 Ins.Trf.Sig.PL AM S 1 Ann 40' EA 3 $ 16,000.00 $ 48,000.00 $ 17,600.00 $ 52,800.00 1-F34 lIns.Trf.Sig.PL AM S 1 Ann 44' EA 6 $ 16,000.00 $ 96,000.00 $ 18,500.00 $ 111,000.00 1-F35 Ins.Trf.Sig.PL AM S 1 Ann 44' Lum. EA 2 $ 18,000.00 $ 36,000.00 $ 20,500.00 $ 41,000.00 1-F36 Ped.Detect Push Button APS w/R10-3E sin Polara INS APS with iDetect EA 28 $ 1,100.00 $ 30,800.00 $ 1,200.00 $ 33,600.00 1-F37 Polara Ped Detector Controller Unit ICCU-S2 and Interconnect Board iN2ACB EA 4 $ 5,000.00 $ 20,000.00 $ 5,600.00 $ 22,400.00 1-F38 Ped.Sig.Sec. LED Countdown EA 28 $ 685.00 $ 19,180.00 $ 770.00 $ 21,560.00 1-F39 Ped.Pole Assembly EA 18 $ 1,400.00 $ 25,200.00 $ 1,600.00 $ 28,800.00 1-F40 Radar Presence Detector Wavetronix Smartsensor Matrix EA 15 $ 9,400.00 $ 141,000.00 $ 10,500.00 $ 157,500.00 1-F41 Wavetronix Click 656 Cabinet Interface Device EA 4 $ 9,000.00 $ 36,000.00 $ 10,100.00 $ 40,400.00 1-F42 Radar Presence Detector Comm.&Power Cable Smartsensor 6/C LF 2,111 $ 4.00 $ 8,444.00 $ 5.00 $ 10,555.00 11 1-F43 lMastArm Damper Valmont Mitigator TR1 EA 14 $ 3,500.00 $ 49,000.00 $ 3,800.00 $ 53,200.00 Page 4 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Bay Ltd. Reytec Construction PROJECT NO.18015A,21052,21056-Everhart Road—S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 401 Corn Products Rd.,Bldg.1 1901 Hollister St. BASE BID 1-HMAC Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77080 NO BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Camera PTZ (Axis P5655-E PTZ, 1080P, WDR, x32, IP66, Dome Network Camera) 1-F44 including mounting equipment EA 4 $ 4,700.00 $ 18,800.00 $ 5,300.00 $ 21,200.00 1-F45 Ethernet Cable CAT 5E for PTZ LF 903 $ 2.00 $ 1,806.00 $ 3.00 $ 2,709.00 1-F46 Electrical Service and Cabinet EA 4 $ 6,800.00 $ 27,200.00 $ 7,700.00 $ 30,800.00 1-F47 ILSN LED 8S Durali ht JXM-STN (Rigid Back Mount EA 15 $ 4,000.00 $ 60,000.00 $ 4,500.00 $ 67,500.00 1-F48 Controller Cabinet S-2 with Extension EA 4 $ 19,000.00 $ 76,000.00 $ 21,700.00 $ 86,800.00 1-F49 Controller Foundation EA 4 $ 3,000.00 $ 12,000.00 $ 3,300.00 $ 13,200.00 1-F50 Controller Econolite Cobalt ATC 1000 EA 4 $ 5,400.00 $ 21,600.00 $ 6,000.00 $ 24,000.00 1-F51 MMU2-16LEip With Ethernet Port EA 4 $ 2,200.00 $ 8,800.00 $ 2,400.00 $ 9,600.00 1-F52 Miovision TrafficLink Detection To Include Smartview 360 and Core DCM EA 4 $ 40,000.00 $ 160,000.00 $ 45,500.00 $ 182,000.00 Alpha FXM HP 1100 Rugged UPS Module with 48"Outdoor BBS Enclosure(SE48-1616) 1-F53 To Include All System Options) EA 4 $ 10,000.00 $ 40,000.00 $ 11,000.00 $ 44,000.00 1-F54 Allowance for Unanticipated Signalization Improvements LS 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART F-SIGNALIZATION IMPROVEMENTS(Items F1 thru F54) $ 1,513,915.00 $ 1,678,212.00 Part G-STORM WATER DRAINAGE IMPROVEMENTS 1-G1 Mobilization Max 5% Parte LS 1 $ 193,000.00 $ 193,000.00 $ 108,000.00 $ 108,000.00 1-G2 12"Dia.RCP Class III LF 9 $ 170.00 $ 1,530.00 $ 470.00 $ 4,230.00 1-G3 15"Dia.RCP Class III LF 4 $ 184.00 $ 736.00 $ 910.00 $ 3,640.00 1-G4 18"Dia.RCP Class III LF 2,470 $ 172.00 $ 424,840.00 $ 200.00 $ 494,000.00 1-G5 24"Dia.RCP Class III LF 707 $ 180.00 $ 127,260.00 $ 210.00 $ 148,470.00 1-G6 30"Dia.RCP Class III LF 775 $ 235.00 $ 182,125.00 $ 240.00 $ 186,000.00 1-G7 36"Dia.RCP Class III LF 762 $ 303.00 $ 230,886.00 $ 290.00 $ 220,980.00 1-G8 42"Dia.RCP Class III LF 1,960 $ 381.00 $ 746,760.00 $ 340.00 $ 666,400.00 1-G9 54"Dia.RCP Class III LF 1 37 $ 675.00 1$ 24,975.00 $ 540.00 1$ 19,980.00 1-G10 60"Dia.RCP Class III LF 49 $ 800.00 $ 39,200.00 $ 590.00 $ 28,910.00 1-G11 Tie-In Existing 12"Dia.RCP EA 1 $ 1,500.00 $ 1,500.00 $ 1,400.00 $ 1,400.00 1-G12 Tie-In Existing 15"Dia.RCP EA 2 $ 1,500.00 $ 3,000.00 $ 1,400.00 $ 2,800.00 1-G13 Tie-In Existing 18"Dia.RCP EA 10 $ 1,550.00 $ 15,500.00 $ 1,400.00 $ 14,000.00 1-G14 Tie-In Existing 24"Dia.RCP EA 2 $ 1,600.00 $ 3,200.00 $ 1,500.00 $ 3,000.00 1-G15 Tie-In Existing 30"Dia.RCP EA 3 $ 1,800.00 $ 5,400.00 $ 1,500.00 $ 4,500.00 1-G16 Tie-In Existing 42"Dia.RCP EA 1 $ 3,300.00 $ 3,300.00 $ 1,700.00 $ 1,700.00 1-G17 Tie-In Existing 54"Dia.RCP EA 1 $ 3,500.00 $ 3,500.00 $ 2,100.00 $ 2,100.00 11 1-G18 Tie-In Existing5'x 5'RCB EA 1 $ 3,700.00 $ 3,700.00 $ 5,300.00 $ 5,300.00 Page 5 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Bay Ltd. Reytec Construction PROJECT NO.18015A,21052,21056-Everhart Road—S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 401 Corn Products Rd.,Bldg.1 1901 Hollister St. BASE BID 1-HMAC Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77080 NO BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-G19 Tie-In to Proposed Inlet EA 3 $ 1,550.00 $ 4,650.00 $ 1,300.00 $ 3,900.00 1-G20 Tie-In to Existing Inlet EA 3 $ 1,550.00 $ 4,650.00 $ 3,800.00 $ 11,400.00 1-G21 Tie-In to Proposed Manhole EA 7 $ 3,200.00 $ 22,400.00 $ 1,700.00 $ 11,900.00 1-G22 Tie-In to Existing Manhole EA 2 $ 3,200.00 $ 6,400.00 $ 5,100.00 $ 10,200.00 1-G23 Sidewalk Drain EA 5 $ 4,000.00 $ 20,000.00 $ 2,200.00 $ 11,000.00 1-G24 5'Standard Curb Inlet EA 53 $ 5,300.00 $ 280,900.00 $ 8,400.00 $ 445,200.00 1-G25 5'Curb Inlet Extension EA 30 $ 3,300.00 $ 99,000.00 $ 2,400.00 $ 72,000.00 1-G26 Special Curb Inlet EA 2 $ 43,400.00 $ 86,800.00 $ 9,100.00 $ 18,200.00 1-G27 4'Dia.Concrete Storm Water Manhole T e'A' EA 7 $ 13,000.00 $ 91,000.00 $ 8,700.00 $ 60,900.00 1-G28 5'Dia.Concrete Storm Water Manhole T e'A' EA 7 $ 14,000.00 $ 98,000.00 $ 10,200.00 $ 71,400.00 1-G29 6'Dia.Concrete Storm Water Manhole T e'A' EA 1 $ 15,000.00 $ 15,000.00 $ 11,000.00 $ 11,000.00 1-G30 Concrete Storm Water Manhole(Type'C' EA 7 $ 17,000.00 $ 119,000.00 $ 13,800.00 $ 96,600.00 1-G31 Concrete Storm Water Manhole(Type'D' EA 13 $ 22,000.00 $ 286,000.00 $ 13,100.00 $ 170,300.00 1-G32 Adjust Ex sting Storm Water MH to Grade EA 2 $ 2,700.00 $ 5,400.00 $ 3,000.00 $ 6,000.00 1-G33 iSpecial Junction Box EA 1 $ 33,000.00 $ 33,000.00 $ 22,300.00 $ 22,300.00 1-G34 Special Manhole Riser EA 7 $ 16,000.00 $ 112,000.00 $ 8,200.00 $ 57,400.00 1-G35 Concrete Cap Repair on Exist.5'x 5'RCB EA 7 $ 3,500.00 $ 24,500.00 $ 4,700.00 $ 32,900.00 1-G36 Concrete Cap Repair on Exist.60"RCP EA 1 $ 2,800.00 $ 2,800.00 $ 4,600.00 $ 4,600.00 1-G37 6"Concrete Curb and Gutter LF 14,363 $ 27.00 $ 387,801.00 $ 51.00 $ 732,513.00 1-G38 6"Concrete Curb LF 44 $ 14.00 $ 616.00 $ 79.00 $ 3,476.00 1-G39 Trench Safety for Storm Water Conduits LF 6,687 $ 10.00 $ 66,870.00 $ 7.00 $ 46,809.00 1-G40 Trench Safety for Storm Water Manhole,Junction Box,and Inlets EA 95 $ 470.00 $ 44,650.00 $ 290.00 $ 27,550.00 1-G41 Allowance for Unanticipated Storm Water Improvements I LS 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 SUBTOTAL PART G-STORM WATER DRAINAGE IMPROVEMENTS(Items G1 thru G41) $ 3,871,849.00 $ 3,892,958.00 Part H-WATER IMPROVEMENTS 1-H1 Mobilization Max 5%Part H LS 1 $ 314,000.00 $ 314,000.00 $ 155,000.00 $ 155,000.00 1-H2 4"Tie-In Connection EA 2 $ 3,900.00 $ 7,800.00 $ 9,000.00 $ 18,000.00 1-H3 6"Dia.D.I.Waterline LF 1,041 $ 280.00 $ 291,480.00 $ 190.00 $ 197,790.00 1-H4 6"Tie-In Connection EA 16 $ 5,000.00 $ 80,000.00 $ 9,000.00 $ 144,000.00 1-H5 6"Dia.45`D.I.Bend EA 14 $ 550.00 $ 7,700.00 $ 420.00 $ 5,880.00 1-H6 6"Dia.900 D.I.Bend EA 1 $ 580.00 $ 580.00 $ 1,100.00 $ 1,100.00 1-H7 6"Gate Valve with Box and Cover EA 3 $ 2,400.00 $ 7,200.00 $ 1,700.00 $ 5,100.00 1-H8 8"Dia.C900 PVC Waterline DR 18 LF 5,780 $ 149.00 $ 861,220.00 1$ 110.00 $ 635,800.00 Page 6 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Bay Ltd. Reytec Construction PROJECT NO.18015A,21052,21056-Everhart Road—S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 401 Corn Products Rd.,Bldg.1 1901 Hollister St. BASE BID 1-HMAC Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77080 NO BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-H9 8"Dia.D.I.Waterline LF 2,029 $ 295.00 $ 598,555.00 $ 170.00 $ 344,930.00 1-H10 8"Dia.11.25`D.I.Bend EA 2 $ 715.00 $ 1,430.00 $ 560.00 $ 1,120.00 1-H11 8"Dia.22.50 D.I.Bend EA 3 $ 700.00 $ 2,100.00 $ 540.00 $ 1,620.00 1-H12 8"Dia.450 D.I.Bend EA 136 $ 700.00 $ 95,200.00 $ 550.00 $ 74,800.00 1-H13 8"Dia.900 D.I.Bend EA 1 $ 800.00 $ 800.00 $ 610.00 $ 610.00 1-H14 8"Gate Valve with Box and Cover EA 49 $ 2,900.00 $ 142,100.00 $ 2,400.00 $ 117,600.00 1-H15 8"Tie-in Connection EA 9 $ 5,500.00 $ 49,500.00 $ 10,000.00 $ 90,000.00 1-H16 8"x 8"D.I.Tee EA 22 $ 1,000.00 $ 22,000.00 $ 850.00 $ 18,700.00 1-H17 8"x 6"Tapping Sleeve EA 1 $ 14,000.00 $ 14,000.00 $ 8,900.00 $ 8,900.00 1-H18 8"x 6"D.I.Reducer EA 13 $ 615.00 $ 7,995.00 $ 460.00 $ 5,980.00 1-H19 8"x 6"D.I.Tee EA 2 $ 940.00 $ 1,880.00 $ 820.00 $ 1,640.00 1-H2O 8"x 4"D.I.Reducer EA 2 $ 600.00 $ 1,200.00 $ 470.00 $ 940.00 1-H21 12"Dia.D.I.Waterline LF 130 $ 420.00 $ 54,600.00 $ 200.00 $ 26,000.00 1-H22 12"Dia.450 D.I.Bend EA 6 $ 1,600.00 $ 9,600.00 $ 1,300.00 $ 7,800.00 1-H23 12"x 8"Cross EA 1 $ 1,900.00 $ 1,900.00 $ 1,500.00 $ 1,500.00 1-H24 12"x 8"Tee EA 1 $ 1,900.00 $ 1,900.00 $ 1,200.00 $ 1,200.00 1-H25 12"Tie-in Connection EA 2 $ 9,500.00 $ 19,000.00 $ 10,900.00 $ 21,800.00 1-H26 12"Gate Valve with Box and Cover EA 4 $ 5,500.00 $ 22,000.00 $ 4,700.00 $ 18,800.00 1-H27 16"Tie-in Connection EA 1 $ 10,000.00 $ 10,000.00 $ 11,100.00 $ 11,100.00 1-H28 24"Dia.C900 PVC Waterline DR 18 LF 6,992 $ 490.00 $ 3,426,080.00 $ 350.00 $ 2,447,200.00 1-H29 24"Dia.D.I.Waterline LF 147 $ 870.00 $ 127,890.00 $ 460.00 $ 67,620.00 1-H30 24"Horiz.Gate Valve with 6'x 6'Vault EA 3 $ 80,000.00 $ 240,000.00 $ 71,600.00 $ 214,800.00 1-H31 24"Gate Valve with Box and Cover EA 2 $ 45,000.00 $ 90,000.00 $ 41,400.00 $ 82,800.00 1-H32 24"Dia.11.250 D.I.Bend EA 3 $ 4,400.00 $ 13,200.00 $ 3,600.00 $ 10,800.00 1-H33 24"Dia.22.50 D.I.Bend EA 1 $ 4,700.00 $ 4,700.00 $ 3,600.00 $ 3,600.00 1-H34 24"Dia.450 D.I.Bend EA 24 $ 4,600.00 $ 110,400.00 $ 3,600.00 $ 86,400.00 1-H35 24"x 8"D.I.Tee EA 4 $ 4,800.00 $ 19,200.00 $ 4,000.00 $ 16,000.00 1-H36 24"x 12"D.I.Tee EA 2 $ 5,300.00 $ 10,600.00 $ 4,300.00 $ 8,600.00 1-H37 24"x 24"D.I.Tee EA 2 $ 7,200.00 $ 14,400.00 $ 5,900.00 $ 11,800.00 1-H38 24"x 16"D.I.Reducer EA 1 $ 4,000.00 $ 4,000.00 $ 3,200.00 $ 3,200.00 1-H39 24"x 20"D.I.Reducer EA 2 $ 4,300.00 $ 8,600.00 $ 31500.00 $ 7,000.00 1-H40 42"Dia.Steel CasingPie Oen Cut LF 24 $ 1,070.00 $ 25,680.00 $ 670.00 $ 16,080.00 1-H41 Remove Existing20"Valve Assemblyand Vault EA 4 $ 4,300.00 $ 17,200.00 $ 7,200.00 $ 28,800.00 1-H42 20"Tie-in Connection EA 2 $ 14,000.00 1$ 28,000.001$ 20,100.00 $ 40,200.00 Page 7 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Bay Ltd. Reytec Construction PROJECT NO.18015A,21052,21056-Everhart Road—S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 401 Corn Products Rd.,Bldg.1 1901 Hollister St. BASE BID 1-HMAC Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77080 NO BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-H43 Fire Hydrant Assembly(Type 1 EA 45 $ 11,600.00 $ 522,000.00 $ 9,800.00 $ 441,000.00 1-H44 Fire Hydrant Assembly(Type 2 EA 1 $ 10,000.00 $ 10,000.00 $ 10,600.00 $ 10,600.00 1-H45 Adjust Exist.Water Valve Box to Finish Grade EA 5 $ 915.00 $ 4,575.00 $ 1,500.00 $ 7,500.00 1-H46 1"Water Service ShortEA 8 $ 2,600.00 $ 20,800.00 $ 3,100.00 $ 24,800.00 1-H47 1"Water Service Lon EA 2 $ 4,400.00 $ 8,800.00 $ 3,200.00 $ 6,400.00 1-H48 Abandon in Place Ex.6"AC waterline Fill with Grout LF 1,831 $ 23.00 $ 42,113.00 $ 7.50 $ 13,732.50 1-H49 jAbandon in Place Ex.8"AC waterline Fill with Grout LF 5,443 $ 24.00 $ 130,632.00 $ 10.50 $ 57,151.50 1-H50 ITrench Safetv for Waterlines LF 16,053 $ 7.00 $ 112,371.00 $ 3.00 $ 48,159.00 1-H51 jAllowance for Unanticipated Water Improvements LS 1 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 SUBTOTAL PART H-WATER IMPROVEMENTS(Items H1 thru H51) $ 7,691,981.00 $ 5,646,953.00 Part I-WASTEWATER IMPROVEMENTS 1-11 Mobilization Max 5%Part LS 1 $ 54,000.00 $ 54,000.00 $ 43,000.00 $ 43,000.00 1-12 Rehab Existing 27"Dia.VCP Wastewater Gravity Line with C.I.P.P. LF 2,764 $ 260.00 $ 718,640.00 $ 290.00 $ 801,560.00 1-13 Rehabilitate Existing Brick Manhole EA 3 $ 30,600.00 $ 91,800.00 $ 34,100.00 $ 102,300.00 1-14 Bypass P mping of Raw Sewage LS 1 $ 124,000.00 $ 124,000.00 $ 84,000.00 $ 84,000.00 1-15 Trench Safety for Wastewater Manhole EA 3 $ 630.00 $ 1,890.00 $ 690.00 $ 2,070.00 1-I6 Well Point Dewatering LF 2,764 $ 40.00 $ 110,560.00 $ 70.00 $ 193,480.00 1-17 Adjust Ex sting Manhole to Finish Grade EA 14 $ 4,900.00 $ 68,600.00 $ 5,500.00 $ 77,000.00 1-18 Wastewater Service Connection with Cleanout EA 8 $ 5,000.00 $ 40,000.00 $ 5,700.00 $ 45,600.00 1-19 lAbandon in Place Ex.8"wastewater line Fill with Grout LF 245 $ 45.00 1$ 11,025.00 $ 11.00 $ 2,695.00 1-110 8"Dia.PIEA 1 $ 3,200.00 $ 3,200.00 $ 3,600.00 $ 3,600.00 1-111 30"Dia.C900 PVC Force Main DR 18 EA 124 $ 975.00 $ 120,900.00 $ 1,100.00 $ 136,400.00 1-112 30"Dia.45`D.I.Bend with Ceramic Epoxy Lining EA 4 $ 14,700.00 $ 58,800.00 $ 16,400.00 $ 65,600.00 1-113 30"Dia.900 D.I.Bend with Ceramic Epoxy Lining EA 1 $ 16,000.00 $ 16,000.00 $ 17,900.00 $ 17,900.00 1-114 30"Dia.Plug EA 2 $ 6,900.00 $ 13,800.00 $ 7,800.00 $ 15,600.00 1-115 Allowance for Unanticipated Wastewater Improvements LS 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 SUBTOTAL PART I-WASTEWATER IMPROVEMENTS(Items 11 thru 115) $ 1,483,215.00 $ 1,640,805.00 PartJ-GAS IMPROVEMENTS 1-J1 Mobilization Max 5%Part J LS 1 $ 18,000.00 $ 18,000.00 $ 13,000.00 $ 13,000.00 1-J2 Trenchin /Backfillin for Gas Lines 2"-6"Dia. LF 2,636 $ 28.00 $ 73,808.00 $ 50.00 $ 131,800.00 1-J3 Trenchin /Backfil ling for Gas Lines 8"-10"Dia. LF 1 4,724 $ 36.00 $ 170,064.00 $ 51.00 $ 240,924.00 1-J4 jAdjust Existing Gas Valve Boxes To Finish Grade EA 10 $ 767.00 1$ 7,670.00 $ 1,600.00 $ 16,000.00 Page 8 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Bay Ltd. Reytec Construction PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 401 Corn Products Rd.,Bldg.1 1901 Hollister St. BASE BID 1-HMAC Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77080 NO BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-J5 Remove Existing Gas Lines LF 662 $ 33.00 $ 21,846.00 $ 89.00 $ 58,918.00 1-J6 Abandon in Place Existing 4"Gas Line LF 145 $ 12.00 $ 1,740.00 $ 8.00 $ 1,160.00 1-J7 Abandon in Place Existing 6"Gas Line LF 314 $ 13.00 $ 4,082.00 $ 6.00 $ 1,884.00 1-J8 Abandon in Place Existing 8"Gas Line LF 1,207 $ 14.00 $ 16,898.00 $ 4.00 $ 4,828.00 1-J9 Abandon in Place Existing 10"Gas Line LF 3,139 $ 16.00 $ 50,224.00 $ 3.50 $ 10,986.50 SUBTOTAL PART J-GAS IMPROVEMENTS(Items J1 thru J9) $ 364,332.00 $ 479,500.50 Part K-ENVIRONMENTAL IMPROVEMENTS 171 Allowance for Unanticipated Disposal of Contaminated Soil or Groundwater LS 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 SUBTOTAL PART K-ENVIRONMENTAL IMPROVEMENTS(item K1) $ 50,000.00 $ 50,000.00 Part L-S.P.I.D.INTERSECTION WATERLINE IMPROVEMENTS 1-11 Mobilization Max 5%Part L) LS 1 $ 157,000.00 $ 157,000.00 $ 60,000.00 $ 60,000.00 1-12 8"Dia.D.I.Waterline Material Only) LF 140 $ 56.00 $ 7,840.00 $ 62.00 $ 8,680.00 1-13 8"Dia.45`D.I.Bend Material Only) EA 8 $ 475.00 $ 3,800.00 $ 550.00 $ 4,400.00 1-14 8"Gate Valve with Box and Cover Material Only) EA 3 $ 2,500.00 $ 7,500.00 $ 2,400.00 $ 7,200.00 1-15 8"x 8"D.I.Tee Material Only) EA 1 $ 780.00 $ 780.00 $ 850.00 $ 850.00 1-16 24"Dia.C900 PVC Waterline DR 18 Material Only) LF 500 $ 250.00 $ 125,000.00 $ 240.00 $ 120,000.00 1-17 30"Dia.C900 PVC Waterline DR 18 Material Only) LF 200 $ 385.00 $ 77,000.00 $ 380.00 $ 76,000.00 1-18 42"Dia.Steel Casing Pipe,5/8" Bore Material Only) LF 400 $ 432.00 $ 172,800.00 $ 390.00 $ 156,000.00 1-19 48"Dia.Steel Casin Pipe,5/8" Oen Cut Material Only) LF 200 $ 640.00 $ 128,000.00 $ 580.00 $ 116,000.00 1-110 30"Horiz.Gate Valve with 6'x 6'Vault Material Only) EA 1 3 $ 85,000.00 $ 255,000.00 $ 75,400.00 $ 226,200.00 1-111 24"Dia.450 D.I.Bend Material Only) EA 2 $ 4,100.00 $ 8,200.00 $ 4,000.00 $ 8,000.00 1-112 30"Dia.450 D.I.Bend Material Only) EA 2 $ 9,600.00 $ 19,200.00 $ 8,900.00 $ 17,800.00 1-113 24"x 8"D.I.Tee Material Only) EA 4 $ 4,200.00 $ 16,800.00 $ 4,000.00 $ 16,000.00 1-114 30"x 30"D.I.Tee Material Only) EA 1 $ 15,000.00 $ 15,000.00 $ 14,100.00 $ 14,100.00 1-115 36"x 30"D.I.Tee Material Only) EA 1 $ 18,000.00 $ 18,000.00 $ 16,900.00 $ 16,900.00 1-116 36"x 24"D.I.Reducer Material Only) EA 1 $ 8,000.00 $ 8,000.00 $ 81200.00 $ 8,200.00 1-117 Remove Existing30"Valve Assemblyand Vault EA 1 $ 5,000.00 $ 5,000.00 $ 7,800.00 $ 7,800.00 1-118 Remove Existing 30"Waterline LF 200 $ 98.00 $ 19,600.00 $ 140.00 $ 28,000.00 1-119 Grout Fill and Abandon Existing20"Waterline LF 350 $ 82.00 $ 28,700.00 $ 12.50 $ 4,375.00 Page 9 of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Nick Cecava,P.E. DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,May 17,2023 RFB 4751 JE Construction Services,LLC Bay Ltd. Reytec Construction PROJECT NO.18015A,21052,21056-Everhart Road-S.P.I.D.to Alameda Street Bond 2018&2020 7505 Up River Rd. 401 Corn Products Rd.,Bldg.1 1901 Hollister St. BASE BID 1-HMAC Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77080 NO BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-120 Grout Fill and Abandon Existing 36"Waterline LF 50 $ 260.00 $ 13,000.00 $ 20.00 $ 1,000.00 1-121 8"Tie-in Connection EA 2 $ 6,700.00 $ 13,400.00 $ 6,700.00 $ 13,400.00 1-1_22 30"Tie-in Connection EA 2 $ 23,000.00 $ 46,000.00 $ 12,400.00 $ 24,800.00 1-1_23 36"Tie-in Connection EA 1 $ 30,000.00 $ 30,000.00 $ 17,800.00 $ 17,800.00 1-1_24 30"D.I.Water Line Stop EA 2 $ 85,000.00 $ 170,000.00 $ 119,500.00 $ 239,000.00 1-1_25 Flowable Fill Excavatable CY 400 $ 250.00 $ 100,000.00 $ 950.00 $ 380,000.00 1-1_26 Trench Safety for Waterlines LF 340 $ 32.00 $ 10,880.00 $ 12.50 $ 4,250.00 1-1_27 Curb Inlet Protection EA 8 $ 315.00 $ 2,520.00 $ 240.00 $ 1,920.00 1-1_28 Street Excavation SY 500 $ 55.00 $ 27,500.00 $ 27.00 $ 13,500.00 1-1_29 12"Crushed Limestone Flexible Base(Type A,Gr.1-2 SY 500 $ 65.00 $ 32,500.00 $ 75.00 $ 37,500.00 1-130 Prime Coat 0.15 GAUSY GAL 75 $ 25.00 $ 1,875.00 $ 10.50 $ 787.50 1-131 2"HMACP(Type D Surface Course SY 500 $ 44.00 $ 22,000.00 $ 30.00 $ 15,000.00 1-1_32 8"HMACP(Type B Base Course SY 500 $ 116.00 $ 58,000.00 $ 110.00 $ 55,000.00 1-1_33 2"Mill and Overlay SY 600 $ 55.00 $ 33,000.00 $ 91.00 $ 54,600.00 1-1_34 4"Thick Stamped Colored Concrete SY 1 200 1$ 123.00 $ 24,600.00 $ 110.00 $ 22,000.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 1-135 W ARROW 125MIL EA 5 $ 186.00 $ 930.00 $ 210.00 $ 1,050.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 1-136 W ORD 125MIL EA 3 $ 310.00 $ 930.00 $ 350.00 $ 1,050.00 1-1_37 IREFL PAV MRK TY W 4"BRK 090MIL LF 300 $ 1.00 $ 300.00 $ 1.00 $ 300.00 1-1_38 REFL PAV MRK TY W 6"SLD 090MIL LF 300 $ 1.00 $ 300.00 $ 1.50 $ 450.00 1-1_39 REFL PAV MRK TY W 4"DOTTED 2'SEG,4'GAP 090MIL LF 260 $ 1.00 $ 260.00 $ 1.00 $ 260.00 1-140 REFL PAV MRK TY W 8"SLD 090MIL LF 300 $ 1.00 $ 300.00 $ 1.00 $ 300.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC 1-141 W 24"SLD 125MIL LF 100 $ 20.00 $ 2,000.00 $ 22.00 $ 2,200.00 1-1_42 TY II-C-R Raised Pavement Marker Reflectorized EA 50 $ 7.00 $ 350.00 $ 7.00 $ 350.00 1-1_43 TY II-A-A Raised Pavement Marker Reflectorized EA 50 $ 6.00 $ 300.00 $ 8.50 $ 425.00 1-1_44 Allowance for Installation of Water Improvements LS 1 $ 1,500,000.00 $ 1,500,000.00 $ 1,500,000.00 $ 1,500,000.00 1-1_45 IAllowance for Additional Traffic Control LS 1 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 SUBTOTAL PART L-S.P.I.D.INTERSECTION WATERLINE IMPROVEMENTS(Items L1 thru L45) $ 3,464,165.00 $ 3,583,447.50 TOTAL BASE BID 1 -HMAC $ 30,907,739.00 $ 32,368,449.50 NO BID Page 10 of 10 O�Pv �P�P ESTATE Gq/N fS Project Location v q!q JUNIOR S v MF�q WALTON l =_wry VO�' P� ,OJT DE NO AOpF � vP Z \AVALON r ;' Location Map _ MERIpIA GERTIE .WESLEY �O� �Q VP GRASS N =, • __JJ Z N a di o O m GOLLIHAR GO�L� SrgA, Z ,GOLLIHAR " y ADKINS +w y v < , 4 M r'z LLy � � Q � .LAMBERT W s �+ Z , BURNEY.. '�Tq'c W 1 3 W p a z o0 TOTTON z' ` _ �, Ss p z e. z H m Y Y m JA' SSE ' ' k "'JANSSEN 1 J � Fly. � O � Ld i. ry in vi O Z McARDLE } O - 3 a �. 3 xa y Ld W RNON/SPI �. Le^ end ._ . . MT�VE Everhart Road - SPID to McArdle } Everhart Road - McArdle to Staples - V) V) .� m Everhart Road - Staples to Alameda __ _ Q J ZW . s.iy,'._ ...i..�......a.._-x*..y;.y�•►-w�:y,n r w.M. i...� ..... coRONA _ W PROJECT NO. 18015A; 21052, 21056 . ► .. =y' ,,irk m "° � -,'. Everhart Road - CITY COUNCIL EXHIBIT SP1 D to Alameda CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES ""- Corpus Chr sti Engineering Everhart Road (South Padre Island Drive to Alameda) Bond 2018 - Proposition B Bond 2020, Proposition A Council Presentation June 27, 2023 Vicinity Map Corpus Chr sti Engineering S - _ Location Map i � � s x a � g 5 4 Legend Everhart Road-SPID to McArdle EverhartRoad-McArdle to Staples Everhart Road-Staples to Alameda S W PROJECT NO.18015A5 21052,21056 m Everhart Road- CITY COUNCIL EXHIBIT SPID to Alameda Project Exhibit Corpus Chr sti Engineering I uqt s e m e e m a s = - - - -_ _ _ -- -❑ —- b@nd 3 Construction Project --'� Corpus Chr sti Engineering This motion awards a construction contract with JE Construction Services LLC., Corpus Christi, Texas for complete reconstruction of Everhart Road from South Padre Island Drive to South Alameda Street. The scope of Project improvements includes demolition of the existing roadway, new concrete pavement, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, traffic signals and streetlight improvements with stormwater, water, wastewater, and gas infrastructure improvements. qW Project Schedule Corpus Chr sti Engineering 121 - 2023 20232023 - 2025 July - April April - June July - July Design Bid/Award Construction Projected Schedule reflects City Council award in June 27, 2023 with anticipated completion in July 2025. SC �o _7.h of Off' H V CORPORI AGENDA MEMORANDUM 1852 One-Reading Ordinance for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Ernest De La Garza, P.E., Director of Public Works edelagarza(a-)cctexas.com (361) 826-1877 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Construction Contract Award McArdle Road — (Kostoryz Road to Carroll Lane) (Bond 2018, Proposition B) CAPTION: One-reading ordinance awarding a construction contract to Reytec Construction of Corpus Christi, Texas, in an amount of $8,113,565.00, for reconstruction of McArdle Road from Kostoryz Road to Carroll Lane with new concrete pavement, sidewalks, and utility improvements, amending the FY 2023 Capital Budget; located in Council Districts 2 and 3, with FY 2023 funding available from the Street Bond 2018, Storm Water, Wastewater, Water, Gas Capital Funds and Certificates of Obligation. SUMMARY: This ordinance awards a construction contract to Reytec Construction for the reconstruction of McArdle Road (Rd) from Kostoryz Rd to Carroll Lane. The existing roadway will be demolished and rebuilt with new concrete roadway, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, utility improvements to water, wastewater, and storm water. The traffic signal system at Carroll Lane will be replaced with mast arms. BACKGROUND AND FINDINGS: McArdle Rd from Kostoryz Rd to Carroll Lane is classified as a Secondary Collector roadway and is 0.49 miles in length. This section of street was originally constructed in 1946, reconstructed in 1988, and a seal coat was applied in 2010. The pavement has since deteriorated and needs replacement. This project is for the reconstruction of the existing two-lane roadway which is a 36-foot-wide curb and gutter concrete roadway with sidewalk, underground water lines, wastewater lines, and storm water lines. McArdle Rd provides an adjacent alternative to SH 358, south of SH 286 to Oso Bay. The project scope includes full depth reconstruction of the existing two-lane roadway with a new concrete pavement section, pavement markings, 8-foot sidewalks, new traffic signs, ADA- compliant pedestrian improvements, drainage improvements, water and wastewater utility upgrades. The traffic signal system at Carroll Lane will be replaced with mast arms. PROJECT TIMELINE: 2021-2023 2023 2023-2024 Oct - Jan Jan - April July - September Design Bid/Award Construction Project schedule reflects City Council award in June 2023, with anticipated construction completion by September 2024. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids (RFB) on January 30, 2023, for the proposed McArdle Road construction project. The solicitation contained two base bids: Base Bid 1 (asphalt) and Base Bid 2 (concrete). On March 6, 2023, the City opened the received bids. A summary of the bids is provided below. Bidder Base Bid 1 HMAC Base Bid 2 Concrete 1 Brizo Construction Non-Responsive 2 Reytec Construction Not Bidding $8,113,565.00 3 Clark Pipeline Service, LLC $8,839,026.84 Not Bidding 4 J Carroll Weaver $9,035,532.89 Not Bidding 5 Bay Ltd. $9,296,888.60 Not Bidding Engineer's Opinion of Probable $8,324,631.70 $9,078,254.70 Construction Cost The bid from Brizo Construction of Corpus Christ was deemed non-responsive because the Statement of Experience submitted did not meet the minimum requirements outlined in the RFB. Therefore, Reytec Construction is the lowest overall responsive and responsible bidder, bidding only Base Bid 2 Concrete. Reytec Construction successfully completed the reconstruction of Everhart Road, from Holly Drive to South Padre Island Drive; the Six Points intersection reconstruction; Flato Road, from Bates Road to Agnes Street; and Staples Street, from Kostoryz Road to Brawner Parkway. ALTERNATIVES: City Council could choose not to award the contract to Reytec Construction. This would delay the project and conflict with City Council's goal to expedite street projects with Bond Funds. FISCAL IMPACT: The item proposes to award a construction contract to Reytec Construction of Corpus Christi, Texas, in an amount of $8,113,565.00, for reconstruction of McArdle Road from Kostoryz Road to Carroll Lane. The shortfall in the funding for the project will be funded from the issuance of certificates of obligation. FUNDING DETAIL: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in 2023. The project is ready to be implemented. Fund: ST2020 Bond18 P2 (Fund 3557) Mission Elem: Streets (33) Project: 18031A- McArdle Rd (Kostoryz Rd to Carroll Ln) Account: Construction (550910) Activity: 18031-A-3557-EXP Amount: $605,797.85 Fund: Street 2024 Certificates of Obligation (3562) Mission Elem: Streets (033) Project: 18031A- McArdle Rd (Kostoryz Rd to Carroll Ln) Account: Construction (550910) Activity: 18031-A-3562-EXP Amount: $2,794,962.12 Fund: Storm Water 2023 CIP (Fund 4534) Mission Elem: Storm Water Drainage (47) Project: 18031A- McArdle Rd (Kostoryz Rd to Carroll Ln) Account: Construction (550910) Activity: 18031-A-4534-EXP Amount: $2,219,814.32 Fund: Wastewater 2023 CIP (Fund 4259) Mission Elem: Wastewater Collection (46) Project: 18031A- McArdle Rd (Kostoryz Rd to Carroll Ln) Account: Construction (550910) Activity: 18031-A-4259-EXP Amount: $1,175,514.71 Fund: Water 2023 CIP (Fund 4487) Mission Elem: Water Distribution System (45) Project: 18031A- McArdle Rd (Kostoryz Rd to Carroll Ln) Account: Construction (550910) Activity: 18031-A-4487-EXP Amount: $1,000,306.62 Fund: Gas 2023 CIP (Fund 4562) Mission Elem: Gas Distribution System (11) Project: 18031A- McArdle Rd (Kostoryz Rd to Carroll Ln) Account: Construction (550910) Activity: 18031-A-4562-EXP Amount: $317,169.38 Overall Contract Total: $8,113,565.00 RECOMMENDATION: Staff recommends awarding construction contract to Reytec Construction for reconstruction of McArdle Road from Kostoryz Road to Carroll Lane in an amount of$8,113,565.00 with concrete pavement with construction duration planned for 14 months from issuance of the Notice to Proceed with construction starting in July 2024 and completed by September 2024. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs CIP Page Power Point Presentation One-reading ordinance awarding a construction contract to Reytec Construction of Corpus Christi, Texas, in an amount of$8,113,565.00, for reconstruction of McArdle Road from Kostoryz Road to Carroll Lane with new concrete pavement, sidewalks, and utility improvements, amending the FY 2023 Capital Budget; located in Council Districts 2 and 3, with FY 2023 funding available from the Street Bond 2018, Storm Water, Wastewater, Water, Gas Capital Funds and Certificates of Obligation. WHEREAS, the bids for the McArdle Road from Kostoryz Road to Carroll Lane concrete paving, sidewalks and utility improvements project ("Project") were opened on March 6, 2023 and Reytec Construction of Corpus Christi submitted the lowest responsible bid of $8,113,565.00 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2022-2023 Capital Budget, adopted by Ordinance No. 032856, is amended to increase revenues and expenditures by $2,794,962.12. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Reytec Construction in an amount not to exceed $8,113,565.00 for reconstruction of McArdle Road from Kostoryz Road to Carroll Lane. SECTION 3. That upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 27th day of June, 2023. Page 1 of 3 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 Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley Page 2 of 3 PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 3 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: ME DESIGN ENGINEER:Hanson Professional Services,Inc. BID DATE:M-d y,March 06,2023 RFB4111 CI.,k PipHine Services,LLC JCarroll Weaver Bay Ltd. Reytec C onstruction ""Bri-Construction PROJECT N0.18031A MCANIe Roatl(Kostoryz Roatl to Cartoll Lane)B-d 2018 6229 Leopartl St. PO Box 1361 401 Com P"ucis Rd,Bldg 1 I WI Hollister Street 9100 Canniff Si. BASE BID#1 SNAG Corpus Christi,TX 78409 Sin ton.Tx]838] Corpus Christi,TX 7840 Houston,TX 77080 Houston,TX 77017 ITEM DESCRIPTION UNIT OTY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE I AMOUNT UNITPRICE AMOUNT PertA-GENERAL NO BID Al MOBILEATION(MAX 5%PART A) LS 1 $ 25,766.]] $ 25,766.]] $ 25,00600 $ 25.00000 $ 5000.00 $ 500000 A2 BENDS AND INSURANCE LS 1 $ 93,750.00 $ 93,750.00 $ 50,40600 $ 50,40600 $ 5560600 $ 5560600 A3 OZONE ACTION DAV DAV 3 1$ 437.50 $ 1,312.50 $ 28000 $ 84000 $ 69000 $ 2,070 00 A4 CLEAR R IGHT O F WAY AC 4 $ 16,250.00 $ 65,000.00 $ 54,00000 $ 21600000 $ 10,50600 $ 4200600 A5 SURVEY MON UM ENT EA 2 $ 94335 $ 1,887.50 $ 134400 $ 268800 $ 69000 $ 138000 TRAFFIC CONTROL PLAN AND DESIGN BY PROFESSIONAL ENGINEER (ALL A6 PHASES) LS 1 $ 31,250.00 $ 31,250.00 $ 1 04339 46 $ 1 04339 46 $ 29,70600 $ 29,70600 A] TRAFFIC CONTROL PLAIN(MOBILIZATION,IMPLEMENTATION,AND ADJUSTMENTS) LS 1 $ 2],18].50 $ 2],18].50 $ 19800000 $ 19800000 $ 9120600 $ 9120600 AS TRAFFIC CO NTROL MESSAGE BOARDS EA 4 $ 28,125.00 $ 112,500.00 $ 20,16600 $ 80,64600 $ 800000 $ 32,00000 TEMPORARY TRAFFIC SIGNAL(TIMBER POLE SPAN WIRE OR EXISTING SIGNAL AP MODIFICATION FOR ALLTRAFFIC CONTROL PHASES) EA 1 2 $ 28,237.50 $ 56,475.00 $ 28,00000 1$ 56,00600 $ 30,10600 $ 60,200001 1 A10 BLE CK SODDING SV 3034 $ 11.25 $ 34,132.50 $ 2016. $ 61,16544 $ 1500 $ 45,51600 A11 STORMWATER POLLUTION PREVENTION PLAN(SWPPP) LS 1 $ 18,]50.00 $ 18,750.00 $ 3920600 $ 3920600 $ 74.00 $ ]4000 Al2 SILT FENCE(FOR SWPPP) LF 3191 $ 5.63 $ 17,965.33 $ 67 $ 2144352 $ 1100 $ 35,10100 A13 STORMWATER STRUCTURE PROTECTION(FOR SWPPP) EA 50 $ 312.50 $ 15,625.00 $ 56000 $ 2800600 $ 21000 $ 10,50600 A14 ALLOWANCE FOR UNANTICIPATED GENERAL ACTIVITIES AL 1 $ 10,000.00 $ 10,000.00 $ 10,00600 1$ 10,00600 $ 10,00600 $ 10.00600 A15 TRAFF IC CO NTROL POLICE O FF ICER HR 100 $ 295.00 $ 29,500.00 $ 10640 $ 10.64600 $ 82.00 $ 820000 SUBTOTAL PART A-GENERAL(ITEMS Al THRU A15) $ 541,102.10 $ 904,356 42 $ 429,201 00 PertB-STREET IMPROVEMENTS B1 MOBILIZATION(MAX 5%PART B) LS 1 $ 118,080.89 $ 118,080.89 $ 11350000 $ 11350000 $ 006 45, 00 $ 45,00600 B2 2 INCH TYPE O HMAC(FINAL SURFACE) SV 10,66] $ 34.19 $ 364,704.73 $ 3433 $ 366198.11 $ 2100 $ 22400700 B3 5 INCH TYPE B HMAC(INITIAL SURFACE) SV 10,66] $ 46.25 $ 493,348.75 $ 4764 $ 508,175 88 $ 4400 $ 46934800 B4 PRIME COAT,MC-30(020 GAL/SV) GAL 2,133 $ 6.88 $ 14,677.79 $ 742 $ 15,82983 $ 650 $ 13,867.10 B5 SINGLE COURSE SURFACE TREATMENT(UNDERSEAL) SV 10,66] $ 5.00 $ 53,335.00 $ 621 $ 6624207 $ 550 $ 5866850 B6 P INCH CRUSHED LIMESTONE FLEXIBLE BASE MATERIAL(TYPE A,GRADE I-2) SV 13,031 $ 35.00 $ 456,085.00 $ 3800 $ 495178 O0 $ 3700 $ 482,147 SO B] 8 INCH LIME STABILIZED SUBGRADE SV 13,031 $ 26.25 $ 342,063.75 $ 1670 $ 21761770 $ 2600 $ 26062000 BB STREET EXCAVATION SV 13,031 $ 21.25 $ 276,908.75 $ 2700 $ 35183700 $ 1150 $ 14985650 B9 MILL AND OVERLAY AT CARROLL LANE SF 6007 $ 12.68 $ 76,168.76 $ 672 $ 40,36704 $ 800 $ 4805600 B10 REFLECTIVE PAVEMENT MARKERS(TYPE 1)(VELLOW)(4")(SELID)X2 LF 3064 $ 1.50 $ 5,946.00 $ 134 $ 5,311 76 $ 165 $ 654060 B11 REFLECTIVE PAVEM ENT MARKERS(TYPE 1BWH ITE)(8")(SOLID) LF 580 $ 1.63 $ 945A0 $ 146 $ 84680 $ 180 $ 104400 B12 REFLECTIVE PAVEMENT MARKERS(TYPE 1BWHITE)(8")(OOT) LF 54 $ 1.63 $ 88.02 $ 146 $ 78 84 $ 180 $ 9720 REEL PAV MRK TV C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC(W) B13 18"(SLD)H25 MIL) LF 1 37 $ 11.25 $ 41625 $ 1608 $ 372 P6 $ 1225 $ 45325 REEL PAV MRK TV C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC(W) B14 24"(SLD)(125 MIL) LF 1210 $ 17.50 $ 21,175.00 $ 1568 $ 1807280 $ 1925 $ 2329250 B15 REFLECTIVE PAVEMENT MARKERS(TYPE IBWHITEBWERD) EA 10 $ 34335 $ 3,437.59 $ 30800 $ 308000 $ 38000 $ 380000 B16 REFLECTIVE PAVEMENT MARKERS(TYPE IBWHITEBARROW) EA 10 $ 218.75 $ 2,187.50 $ 19600 $ 106000 $ 24000 $ 240000 B17 RAISED PAVEMENT MARKERS(TYPE I-C) EA 28 $ 5.94 $ 166.32 $ 532 $ 14886 $ 650 $ 182 00 B18 RAISED PAVEMENT MARKERS(TYPE II-A-A) EA 160 $ 625 $ 1,00080 $ 560 $ 89600 $ 600 $ 1,104 SO BIP RAISED PAVEMENT MARKERS(TYPE II-B-B) EA 6 $ 625 $ 37.50 $ 560 $ 33W $ 600 $ 4140 B20 6-INCH CONCRETE DRIVEWAY SF 9075 $ 14.38 $ 130,498.50 $ 1790 $ 16244250 $ 2400 $ 217,800 SO B21 CONCRETE O RIVEWAY DEMOLITION SF 6085 $ 3.13 $ 19,04fi.05 $ 1651 $ 63,95335 $ 810 $ 4928850 B22 CONCRETE PAVEMENT REPAIR SV 44 $ 13125 $ 5,]]5.00 $ 33600 $ 14,784 00 $ 28000 $ 1232600 FURNISH AND INSTALL SCHOOL ZONE FLASHER BEACON ASSEMBLY(SOLAR POWERED)W/6 LF OR ILLED SHAFT FOUNDATION AND 5 YEARS CELLULAR COMMNICATIONS AND SUPPORT PACKAGE, GLANCE SOFTWARE AND B23 �CONFIUURATION EA 2 $ 12,281.25 $ 24,562.50 1$ 11,760001$ 23,52600 1$ 13,70600 $ 27,40600 p.g.1 o 1g TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: ME DESIGN ENGINEER:Hanson Professional Services,Inc. BID DATE:M—d y,March 06,2023 .R B4111 Clark Pipeline Services,LLC JCarroll Weaver Bay Lttl. Reytec Construction ""Bri-Construction"" PROJECT NO.18031A M--Ie Roatl(K-tory,Roatl t C—II Lane)B-d 2018 6229 Leopartl St. PO Box 1361 401 Com Protlucts Rd,Bldg 1 1901 Hollister Street 9100 Canniff St. BASE BID#1 HMAC Corpus Christi,TX 18409 Sinton,Tx 18381 Corpus Christi,TX 18409 Houston,TX 11080 Houston,TX 11011 ITEM DESCRIPTION UNIT CITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT FURNISH AND INSTALL ROADSIDE TRAFFIC SIGN AND SIGN SUPPORT ASSEMBLY B24 (TRIANGULAR SLIPBASE) EA 31 $ 85625 $ 26,543.15 $ ]6]20 $ 23,78320 $ 94060 $ 29,14000 FURNISH AND INSTALL STOP SIGN AND SIGN WITH NEW STREET BLADES(2)AND B25 S ION SUPPORT ASSEMBLY(TRIANGULAR SLIPBASE) EA 13 $ 1,18].50 $ 15,43].50 $ 1'0400 $ 13,83260 $ 130060 $ 16,90000 B26 REMOVE AND DISPOSE OF ROAD SIGN(S)SUPPORT A ASSEMBLY EA 22 $ 93]5 $ 2,062.50 $ 8460 $ 184860 $ 10060 $ 220060 B27 ALLOWANCE FOR UNANIGIPAT ED ST REET IMPROVEMENTS LS 1 $ 25,00000 $ 25,999.99 $ 25,00000 $ 25.000.00 $ 25,00000 $ 25,00000 SUBTOTAL PART B-STREET IMPROVEMENTS(hems Bi M.B27) $ 2AT9,08.71 $ 2535,81040 $ 21]05]355 Part C ADA IMPROVEMENTS C1 G50B LIZATION(MAX 5%PART C) LS 1 $ 25,034.53 $ 25,034.53 $ 2456508 $ 2456508 $ 560060 $ 560060 C2 CO NCRETE PEDESTRIAN SIDEWALK SF 28346 $ 12.50 $ 354,325.00 $ 1120 $ 31]$ 634]520 $ 920 $ 260]8320 C3 SIDEWALK D11—ITIO N SF 21326 $ 3.33 $ 71,015.58 $ 360 ,9]860 $ 310 $ 66,11060 C4 SIDEWALK RETAINING CURB LF 150 $ 69.00 $ 10,35000 $ 5040 $ 756060 $ 5460 $ 810060 CS IGON CRETE CURB RAMP EA 1 26 $ 2,500.00 $ 65,000.00 $ 313660 $ 81.536.00 $ 290060 $ 15.400.00 SUB TO TAIL PART C-ADA IMPROVEMENTS(ITEMS CI THRU CS) $ 525,725.11 $ 495,11428 $ 415,90 DO Part D-RTA IMPROVEMENTS 01 MOBILIZATION(MAX S%PART D) LS 1 $ ],]]0.05 $ ],]]0.05 $ 301064 $ 3010.64 $ 380060 $ 380060 02 8"CO NCRETE BUS PAD SF 4620 $ 18.]5 $ 86,625.00 $ 2464 $ 113 836 80 $ 3300 $ 15246060 D3 CONCRETE SHELTER PAD SF 2380 $ 23.75 $ 56'525.00 $ 1680 $ 3098460 $ 4260 $ 99,96000 D4 IDEMOILITION OF EXISTING CONCRETE SHELTER PAD SF 1265 $ 8.75 $ 11,06835 $ 1264 $ 15.989.60 $ 310 $ 392150 DS ISHILLI ER PAD STRIPING(YELLOW)(SOLIDXFULL WIDTH OF CURB) LF 210 $ 5.63 $ 1,182.30 $ 1000 $ 2.100.00 $ 620 $ 1 30260 SUBTOTAL PART D-RTA IMPROVEMENTS(it...Di ihru DS) $ 10,171.10 $ 114,98184 $ 26144350 Part E-SIGNALIZATION IMPROVEMENTS E1 MOBILIZATION(MAX 5%PART E) LS 1 $ 17,622.85 $ 17,622.85 $ 1848000 $ 18,48000 $ 1150000 $ 1150000 E2 DRILL SHAFT(TRF SIG POLE)(36 IN) LF 52 $ 362.50 $ 18,850.00 $ 49564 $ 25,]4268 $ 41060 $ 2132000 E3 CONDT(PVC)(SCH 40)(2") LF 501$ 21.25 $ 1,062.50 $ 3248 $ 162460 $ 2460 $ 122WW E4 CONDT(PVC)(SCH 40)(2")(BORE) LF 210 $ 37.50 $ ],8]5.00 $ 3584 $ 152640 $ 4260 $ 882060 E5 CONDT(PVC)(SCH 40)(4") LF 148 $ 39.38 $ 5,828.24 $ 5152 $ 162496 $ 4460 $ 651260 E6 CONDT(PVC)(SCH 40)(4")(BORE) LF 210 $ 60.00 $ 12,600.00 $ 6160 $ 1293600 $ 6700 $ 1491000 E1 ELEC GONER(NO 6)BARE LF 32 $ 2.13 $ 68.16 $ 1008 $ 32256 $ 240 $ 1680 EB ELEC GONER(NO 6)INSULATED LF 64 $ 2.19 $ 140.16 $ 1008 $ 64512 $ 250 $ 16060 E9 ELEC GONER(N08)BARE LF 5% $ 2.06 $ 1,227.76 $ 062 $ 36952 $ 230 $ 131080 E10 TRAY CABLE(3 CONDR)(12 AWG) LF 1,138 $ 2.69 $ 3,061.22 $ 560 $ 631280 $ 360 $ 341460 E11 GROUND BOX TY D(162922)W/APRON EA 4 $ 1,312.50 $ 5,250.00 $ 224060 $ 896060 $ 150060 $ 60WW E12 REMOVE ELECTRICAL SERVICES EA 1 $ 643.]5 $ 643.75 $ 134460 $ 134460 $ 12060 $ 12060 E13 ELC SRV TYD 120/2400W(NS)AL(E)TS(0) EA 1 $ 5,625.00 $ 5,625.00 $ 526460 $ 526460 $ 630060 $ 63WW E14 INSTALL HWY THE SIG(ISOLATED) EA 1 $ 53,125.00 $ 53,125.00 $ 52,64000 $ 52,64000 $ 59,50000 $ 59,50000 E15 REMOVING TRAFFIC SIGNALS EA 1 $ 18,191.25 $ 18,191.25 $ 448060 $ 448060 $ 290060 $ 290060 E16 VEH SIG SEC(12")LED(GRN) EA 8 $ 35].50 $ 2,86000 $ 38080 $ 394640 $ 40060 $ 320060 E17 VEH SIG SEC(12")LED(GRN ARW) EA 4 $ 375.00 $ 1,50000 $ 311 84 $ 1,487 36 $ 42060 $ 1,68000 E18 VEH SIG SEC(12")LED(YEL) EA 8 $ 362.50 $ 2,900.00 $ 31968 $ 393144 $ 41060 $ 328060 E19 VEH SIG SEC(12")LED(YELARW) EA 8 $ 36625 $ 2,930.00 $ 31968 $ 393144 $ 41060 $ 328060 E20 VEH SIG SEC(12")LED(RED) EA 8 $ 357.50 $ 2,860.00 $ 31968 $ 393144 $ 40060 $ 322W W E21 VEH SIG SEC(12")LED(RED ARW) EA 4 $ 362.50 $ 1,50.00 $ 31468 $ 149632 $ 41060 $ 164060 E22 BACKPLATE WR2EFL BRDR(3 SEC) EA 8 $ 146.25 $ 1,1]0.00 $ 11160 $ 94080 $ 16060 $ 128060 E23 BACKPLATE WR2EFL BRDR(4 SEC) EA 4 $ 180.00 $ ]20.00 $ 13328 $ 53312 $ 20060 $ 80060 ge2d10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: ME DESIGN ENGINEER:Hanson Professional Services,Inc. BID DATE:M—d y,March 05 2023 .R B4111 CI.,k Pipeline Services,LLC J Carroll Weaver Bay Lttl. Reytec Construction ""Brun Construction"" PROJECT NO.18031A M--Ie Roatl(Kostoryz Roatl to Ca II Lane)Bo d 2018 6229 Leopartl St. PO Box 1361 401 Com ProtluCtS Rd,Bldg 1 1901 Hollister Street 9100 Canniff St. BASE BID#1 HMAC Corpus Christi,TX 78409 Sinton,Tx 78387 Corpus Christi,TX 78409 Houston,TX 77080 Houston,TX 77017 ITEM DESCRIPTION UNIT CITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT E24 PED SIG SEC(LED)(COUNTDOWN) EA 8 $ 768.75 $ 515080 $ 86576 $ 692608 $ 86000 $ 688000 E25 THE SIG CBL(TYA)(14 AWGX4 CONDO) LF 274 $ 225 $ 616.50 $ 560 $ 153440 $ 250 $ 68500 E26 THE SIG CBL(TY A)(14 AWGX5 CONDO) LF 347 $ 2.38 $ 825.86 $ 784 $ 2,720 48 $ 270 $ 93690 E27 THE SIG CBL(TY A)(14 AWG X16 CO HER) LF 390 $ 5A4 $ 2,121.60 $ 16 $ 349440 $ 610 $ 237900 E28 INS THE SIG PL AM(SH ARM(32'HLSN EA 1 $ 15,fi2800 $ 15,625.00 $ 1792000 $ 1192000 $ 1150000 $ 1150000 E29 INSTRFSIG PLAM(SH ARM(36'NLSN EA 3 $ 1518].50 $ 48,562.50 $ 1192000 $ 53,76000 $ 18,10000 $ 5430000 EW PED POLE ASSEMBLY EA 7 $ 3,108.75 $ 21,761.25 $ 392000 $ 27,44000 $ 350000 $ 24,50000 E31 PED DETECT PUSH BUTTON(APS) EA 8 $ 1,093.]5 $ 8,]50.00 $ 1 00800 $ 8 06400 $ 120000 $ 960000 E32 PED DETECTOR CONTROLLER UNIT EA 1 $ 5212.50 $ 5,212.50 $ 515200 $ 515200 $ 580000 $ 580000 E33 RVDS(PRESENCE DETECTION ONLY) EA 4 $ 8,125.00 $ 32,50000 $ 896000 $ 35,84000 $ 910000 $ 36,40000 E34 RADAR PRESENCE DETECTOR COMM CABLE LF 470 $ 3.]5 $ 1,]62.50 $ 560 $ 263200 $ 420 $ 1,P74 00 E35 RADAR BE EC TOR CABINET INTERFAC ED VICE EA 1 $ 4,25fi.25 $ 4,25fi.25 $ 851200 $ 851200 $ 480000 $ 480000 E36 ILSN(LED)D8 S)(RIGIDBACK MO UNT) EA 4 $ 4,812.50 $ 19,25000 $ 492800 $ 19,71200 $ 540000 $ 2160000 E37 BBD SYS I EM(EXTERNAL BATT CABINET) EA 1 $ 10,125.00 $ 1512800 $ 985600 $ 985600 $ 1130000 $ 1130000 E38 ALLOWANCE FO R U NANT ICIPATED SIGNALEA I ION IM PROVEMENTS AL 1 $ 25,000.00 $ 25000.00 $ 25.000.00 $ 25,00000 $ 25,00000 1$ 25,00000 SUBTOTAL PART E-SIGNALIZATION IMPROVEMENTS(ITEMS EI THRU E38) $ 3]50]9.85 $ 399,511.12 $ 39187850 Part F-I.T.IMPROVEMENTS F1 MOBILIZATION(MAX 5%PART F) LS 1 $ 4,289.83 $ 4,289.83 $ 425600 $ 425600 $ 440000 $ 440000 F2 2"PVC(SCH40)ELECTRICAL CON DO IT(IT/M IS)WITH MULE TAPE LF 2572 $ 15.63 $ 45200.36 $ 1904 $ 4897088 $ 1150 $ 45,01000 F3 NEW HAS IS POLYMER CONCRETE PULL BOX 24"X36"X18"W/3"GRAVEL(IT/MIS) EA 10 $ 4459.63 $ 44,596.30 $ 358400 $ 35,84000 $ 450000 $ 45,00000 F4 ALLOWANCE FOR UNANTICIPATED I T.IMPROVEMENTS AL 1 $ 1,000.00 $ 1,000.00 $ 1000.00 $ 1000.00 $ 100000 $ 1000.00 SUBTOTAL PART F-I.T.IMPROVEMENTS(ITEMS F1 THIRD F4) $ 90,086.49 $ 90,06688 $ 95,41000 PartG-GAS IMPROVEMENTS G1MOBILIZATION DA AXS%PART G) LS 1 $ 10,626.31 $ 10,626.31 $ 307064 $ 307064 $ 380000 $ 380000 TRENCHING FOR HIGH PRESSURE GAS LINE(ADJUSTMENT TO BE COMPLETED G2 BYTHECRY OF CORPUS CHRISTI GAS DEPARTMENT) LF 5.185 $ 1].50 $ 90,]3].50 $ 1800 $ 93,33000 $ 1625 $ 8425625 G3 BACKFILL AN D CO M FACTION O F H IG H PRESSURE GAS LIN E LF 5.185 $ 21.5fi $ 111,]BB.fi0 $ 30.00 $ 15555000 $ 1375 $ 7129375 G4 ALLOWANCE FOR UNANTICIPATED GAS IMPROVEMENTS AL 1 $ 10,000.00 $ 15000.00 $ 10.000.00 $ 10.000.00 $ 10.000.00 $ 10.000.00 SUBTOTAL PART G-GAS IMPROVEMETNS(ITEMS GI THIRD 34) $ 223,152.41 $ 261,950 $ 169,350 DO PartH-STORMWATER IMPROVEMENTS H1 MOBILIZATION(MAX 5%PART H) LS 1 $ 118,227.35 $ 118,227.35 $ 76,76586 $ 76,76586 $ 24.000.00 $ 2400000 H2 DEMOLITION OF EXISTING CURB INLET EA 23 $ 1,250.00 $ 28,75000 $ 177685 $ 40,86755 $ 1,600.00 $ 36,80000 H3 DEMOLITION OF EXISTING MANHOLE/JUNCTION EA 9 $ 3,125.00 $ 28,125.00 $ 533053 $ 47,D74 77 $ 2.100.00 $ 13,90000 H4 REMOVAL OF REINFORCED CONCRETE PIPE LF 5,431 $ 54.69 $ 297,021.39 $ 4979 $ 27040949 $ 28.00 $ 15206800 H5 NEW STANDARD CURB INLET(5'THROAT OPEN ING) EA 30 $ 5,506.25 $ 165,187.50 $ 307765 $ 9232950 $ 9700.00 $ 29100000 H6 NEW CURB INLET EXTENSION(5'TROAT OPEN ING)(I D.2'X 5') EA 23 $ 2,062.50 $ 4],43].50 $ 460741 $ 10597043 $ 1,700.00 $ 39,10000 H7 TYPE A STORM MANHOLE(5'DIAMETER) EA 19 $ 7,200.00 $ 135800.00 $ 1491071 $ 28330349 $ 15,700.00 $ 29830000 HB TYPE C STORMWATER MANHOLE EA 2 $ 14,375.00 $ 28,75000 $ 2100033 $ 4200066 $ 15,50000 $ 31,00000 H9 18"REINFORCED CONCRETE PIPE(GLASS III) LF 6% $ 228.13 $ 149,653.28 $ 14146 $ 92]9176 $ 28000 $ 18368000 HID 24"REINFORCED CONCRETE PIPE(GLASS III) LF 280 $ 243.56 $ 68,196.80 $ 14982 $ 4194960 $ 30000 $ 84,00000 H11 36" REIN FORCED CONCRETE PIPE(CLASS III) LF 277 $ 315.63 $ 87,429.51 $ 21220 $ 58]7940 $ 38000 $ 1 "526000 H12 ITT CED CO N CRETE PI PE(CLASS III) LF 1246 $ 33].]2 $ 420,]99.12 $ 26515 $ 33037690 $ 41000 $ 51086000 H13 48"REINF OR CED CONCRETE PIPE(GLA III) LF 519 $ 411.00 $ 213,309.00 $ 28280 $ 146]7320 $ 45000 $ 23355000 H14 4'X5'REINFORCED CONCRETE BOX(CLASS III) LF 544 $ 752.81 $ 405528.64 $ 60065 $ 326]5360 $ 91000 $ 49504000 P.g. of 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: ME DESIGN ENGINEER:Hanson Professional Services,Inc. BID DATE:M—d y,March 06,2023 .R B4111 CI.,k PipNine Services,LLC J Carroll Weaver Bay Lttl. Reytec Construction ""Brun Construction"" PROJECT NO.18031A M-rd le Roatl(Kostoryz Roatl to Cartoll Lane)Bo d 2018 6229 Leopartl St. PO Box 1361 401 Com Protlucts Rd,Bldg 1 1901 Hollister Street 9100 Canniff Si. BASE BID#1 HMAC Corpus Christi,TX 18409 Sinton,Tx 18387 Corpus Christi,TX 18409 Houston,TX 11080 Houston,TX 11011 ITEM DESCRIPTION UNIT CITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT H15 RE-CONNECTTO EXISTING STORM EA 9 $ 5,000.00 $ 45,00800 $ 5,183 71 $ 46,65339 $ 4500.00 $ 40,50900 H16 TRENCH SAFETY TO R STE RMWATER LINES LF 3,522 $ 625 $ 22,012.50 $ 560 $ 19,12320 $ 1.10 $ 25,00620 H17 TRENCH SAFETY TO R STE RMWATER MAN HE LES EA 21 $ 625.00 $ 13,125.00 $ 89690 $ 1881600 $ 1400.00 $ 29,40900 H18 NEW 6"CURB AND GUTTER LF 5591 $ 23.75 $ 132,18fi.25 $ 2464 $ 131]6224 $ 3190 $ 20686190 HIP CURB AND GUTTER DEMOLITION LF 5591 $ 8.33 $ 46,513.03 $ 560 $ 3130960 $ 1025 $ 5130115 H2O JUNCTION BOXTIE-IN EA 1 $ 4,062.50 $ 4,062.50 $ 2981.14 $ 2881.14 $ 330060 $ 330090 H21 ALLOWANCE FOR UNANTICIPATED STORMWATER IMPROVEMENTS AL 1 $ 20,000.00 $ 20,000.00 $ 20.000.00 $ 20.000.00 $ 20,00900 $ 20.000.00 SUBTOTAL PART H-STORMWATER IMPROVEMENTS(ITEMS Hi THRU H21) $ 2A82,714.37 $ 2,234,30318 1 $ 2885,93895 Parti-WASTEWATER IMPROVEMENTS 11 MO BILIZAIO N(MAX 5%PART I) LS 1 $ 52,315.58 $ 52,315.58 $ 3920900 $ 3920900 $ 4800900 $ 4800900 12 PIPE BURST EXISTING 8"VCP W/10"HDPE LF 1,688 $ 141.50 $ 248,980.00 $ 15120 $ 25522560 $ 19090 $ 320,720 X) 13 B"PVC GRAVITY WASTEWATER LINE LF 289 $ 115.19 $ 50,629.91 $ 54320 $ 156884 80 $ 61090 $ 19363060 14 PIPE BURST EXISTING 10"VCP W/12"HDPE LF 165 $ 253.15 $ 41,868.75 $ 20160 $ 3326490 $ 25090 $ 4125900 15 10"PVC GRAVITY WASTEWATER LINE LF 43 $ 20025 $ 8,610.75 $ 43680 $ 1878240 $ 54090 $ 2322900 16 PIPE BURST EXISTING 15"VCP W/18"HDPE LF 726 $ 360.00 $ 261,360.00 $ 23520 $ 110]5520 $ 29090 $ 21054060 17 4"PVC GRAVITY WASTEWATER LINE LF 36 $ 89.13 $ 3,208.68 $ 44890 $ 16,12890 $ 55090 $ 19,80900 18 MANHOLE FIBERGLASS LINER REHABILITATION AND ADJUST TOP TO GRADE EA 11 $ 16,412.50 $ 180,537.50 $ 1192900 $ 117120) $ 2100900 $ 24080060 19 B"COUPLING EA 9 $ 437.50 $ 3,937.50 $ 50490 $ 45W X) $ 62090 $ 558060 110 10"COUPLING EA 1 $ 762.50 $ 762.50 $ 61690 $ 61690 $ 16090 $ 16090 111 TRENCH SAFETY TO R WASTEWATER G RAVITY LIN ES LF 368 $ 13.751$ 5,060.00 $ 1680 $ 618240 $ 1350 $ 486860 112 TRENCH SAFETY FOR WASTEWATER MANHOLES EA 13 $ 1,125.00 $ 14,625.00 $ 10640 $ 138320 $ 1]0060 $ 22,10900 113 REMOVE EXISTING WA STEWATERGRAVITV LINE LF 368 $ 55.52 $ 20,"6.08 $ 12880 $ 4139840 $ 16090 $ 5888900 114 WASTEWATER BYPASSPUMPING LS 2 $ 56,250.00 $ 112,500.00 $ 168090 $ 33W X) $ 42,10900 $ 8420900 115 TIE-IN TO WASTEWATER MANHOLE EA 12 $ 5,030.00 $ 60,360.00 $ 224090 $ 26,88900 $ 2]0060 $ 32 40900 116 5'DIAMETER WASTEWATER MANHOLE EA 1 $ 19,500.00 $ 19,500.00 $ 3920900 $ 3920900 $ 4800900 $ 4800900 117 MANHOLE DROP CONNECTION EA 2 $ 2,562.50 $ 5,125.00 $ 184890 $ 369660 $ 230090 $ 460090 118 ALLOWANCE FOR UNANT ICIPAT ED WAST EWAT ER IM PROVEMENTS AL 1 $ 10,000.00 $ 10,000.00 $ 10,00900 $ 1900900 $ 10,00900 $ 10.000.00 SUBTOTAL PART I-WASTEWATER IMPROVEMENTS(ITEMS II THRU 118) $ 1,099,881.25 $ 1030,1122 $ 1369,54800 PartJ-WATER IMPROVEMENTS J1 MOBILIZATION(MAX 5%PART) LS 1 $ 40,635.69 $ 40,635.69 $ 46,05952 $ 4605952 $ 1130900 $ 11.300.00 J2 6"PVC WATERLINE LF 832 $ 88.73 $ 73,823.36 $ 6849 $ 56,98368 $ 15090 $ 124800.00 J3 B"PVC WATERLINE LF 2530 $ 101.75 $ 257A27.50 $ 8496 $ 21484880 $ 14090 $ 354.200.00 J4 4"PVC WATERLINE LF 28 $ 83.75 $ 2,345.00 $ 82 59 $ 2,312 52 $ 23090 $ 6 440.00 J5 2"PVC WATERLINE LF 3 $ 312.00 $ Sum $ 11335 $ 34095 $ 4W00 $ 1,380.00 J6 TRENCH SAFETY TO R 2"TOB"WATERLINES LF 3393 $ 3.75 $ 12,723.75 $ 336 $ 1140948 $ 510 $ 1130430 J7 B"X 6"D.I M J.TEE EA 17 $ 115.00 $ 13,175.00 $ 1,725 14 $ 29,32138 $ 84090 $ 1428900 JB 6"X4"D.IM J.REDUCER EA 12 $ 50625 $ 6,075.00 $ 80444 $ 965328 $ 37090 $ 444090 J9 6"X2"D.IM J.REDU CER EA 1 $ 593.75 $ 593.75 $ 109568 $ 109568 $ 47090 $ 47090 J10 8"D I M J.SLEEVE EA 2 $ 72625 $ 1A52.50 $ 1301.19 $ 260238 $ 41002 $ 820090 J11 6"D MJ.SLEEVEI EA 1 31$ 631251$ 1,893.75 $ 1215.14 $ 382542 $ 40002 $ 1200900 J12 4"D I M J.SLEEVE I EA 1 121$ 538.15 1$ 6A65.00 $ 1 09491 $ 13,138 92 $ 3000) $ 46,80900 J13 2"D I M J.SLEEVE EA 1 $ 431.50 $ 437.50 $ 109568 $ 109568 $ 3700) $ 370090 J14 8"X6"D.IM J.CROSS EA 5!! 832.38 $ 4,161.90 $ 1215.14 $ 637570 $ 10002 $ 500090 J15 B"D I M J.45 DEG BEND EA 30 $ 667.50 $ 29,925.99 $ 103979 $ 31,19370 $ 56090 $ 16,80900 J16 6"D I M J.45 DEG BEND EA 1 78 $ 563.75 $ 43,972.50 $ 1,01037 $ 78,808 86 $ 43090 $ 33,54900 J17 6"D I M J.11 25 DEG BEND I EA 1 61$ 562.50 $ 3,375.00 $ 1,01037 $ 6,06222 $ 44090 $ 2,64000 JIB 6"GATE VALVE EA 8 $ 2,2fifi.25 $ 18,13800 $ 323298 1$ 25,85664 $ 2700) $ 2160900 ge4 oT 10 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: ME DESIGN ENGINEER:Hanson Professional Services,Inc. BID DATE:Monday,March 06,2023 .R B4111 CI.,k Pipeline Services,LLC JCarroll Weaver Bay Ltd. Reytec Construction ""Bri-Construction"" PROJECT NO.18031A M--Ie Roatl(Kostoryz Roatl to C—II Lane)Bond 2018 6229 Leopard St. PO Box 1361 401 Com Protlucts Rd,Bldg 1 1901 Hollister Street 9100 Canniff St. BA SE BID#1 HMAC Corpus Christi,TX 18409 Sinton,Tx 18381 Corpus Christi,TX 18409 Houston,TX 11080 Houston,TX 11011 ITEM DESCRIPTION UNIT CITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT J19 GROUT FILL AND ABANDON IN PLACEEXISITNG WATERLINE LF 3,393 $ 46.25 $ 156,926.25 $ 1680 $ 5100240 $ 49.00 $ 16625100 J20 FIRE HYDRANT ASSEMBLIES EA 11 $ 5,515.00 $ 61,325.11 $ 1062916 $ 11682836 $ 6600.00 $ 1260900 J21 WATER SERVICE RECONNECTIONS EA 18 $ 2,647.50 $ 4i 655.00 $ 201555 1$ 3621990 $ 3500.00 $ 63,00900 J22 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS AL 1 $ 10,000.00 $ 10,000.00 $ 10,00900 $ 10,00900 $ 10000.00 $ 10,00900 J23 8"GATE VALVE EA 36 $ 1,938.15 $ 89,195.00 $ 382041 $ 13153416 $ 2800.00 $ 100000.00 SUBTOTAL PART J-WATER IMPROVEMENTS(ITEMS J1 THRU J231 $ 853,349.45 $ 898,126 33 1 $ 1,097,551 w Part K-ENVIRONMENTAL ISSUES K1 ALLOWANCE FOR UNANTICIPATED ENVIRON MENTAL ISSUES AL 1 $ 10,000.00 $ 10,000.00 $ 10.000.00 $ 10.000.00 $ 10.000.00 $ 10.000.00 SUBTOTAL PART K-ENVIRONMENTAL ISSUES IITEMSKI) $ 10,000.00 $ 10,00000 $ 10,00900 TOTAL BASE BID $ 8,839,026.84 $ 9,035,532.89 $ 9,296,888.60 "^Bidder Bozo Construction has been deemed NonJ2esponsive g 5d10 TABULAMON OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATEDBY: ME DESIGN ENGINEER:Hanson Pmfessional Services,Inc. BID DATE:Montlay,March 06,2023 RFB 4571 Reytec Constmc- JCarmll Weaver Bay Ltd- CI.I*PipNine Services,LLC 'Brizo Constmclion" PROJECT NO.19031A MCArtlle Roatl(K-.to R-d to Cartoll Lane)Bontl 2019 I WI Hollister Street PO Box 1361 401 Com 1,.d.cis Rd,Bldg 1 6229 Leopartl St. 9100 Cannrff St. BASE BID N2 CONCRETE Houston,TX 77080 Sinton,Tx 78387 Corpus Chnsii.TX 18409 Corpus Chnsii.TX 78409 Houston,TX 77017 ITEM DESCRIPTION UNIT OTY UNITPRICE I AMOUNT UNITPRICE AMOUNT UNITPRICE I AMOUNT UNITPRICE I AMOUNT UNITPRICE AMOUNT Part A-GENERAL NO BID NO BID NO BID Al MOBILIZATION(MAX 5%PART A) LS 1 $ 20,000.00 $ 20,000.00 A2 BO NDS AN D IN SURANCE LS 1 $ 100,000.00 $ 100,000.00 A3 OZONE ACTION DAY DAV 3 $ 500.00 $ 1,500.00 A4 CLEAR RIGHT OF WAY AC 4 $ 1,200.00 $ 4,900.00 A5 SURVEY MONUMENT EA 2 $ 1,400.00 $ 2,900.00 A6 TRAFFIC CONTROL PLAN AND DESIGN BY PROFESSIONAL ENGINEER(ALL PHASES) LS 1 $ 20,000.00 $ 20,000.00 A7 TRAFFIC CONTROL PLAIN(MOBILIZATION,IMPLEMENTATION,AND ADJUSTMENTS) LS 1 $ 125,000.00 $ 125,000.00 AS TRAFFIC CONTROL MESSAGE BOARDS EA 4 $ 14,000.00 $ 56,000.00 A9 MODIFICATION FOR ALL TRAFFIC CONTROL PHASES) EA 2 $ 20,000.00 $ 40,000.00 A10 BLOCK SODDING SV 3034 $ 9.00 $ 24,272.00 A11 STORM WATER POLLUTION PREVENTION PLAN(SWPPP) LS 1 $ 21,000.00 $ 21,000.00 Al2 SILT FENCE(FOR SWPPP) LF 3191 $ 425 $ 13,Sfi1.]5 A13 IS I ORMWA I ER STRU CTURE PROTECTION(FOR SWPPP) EA 50 $ 90.00 $ 4,500.00 A14 JALLOWANCE FOR UNANTICIPATED GENERAL ACTIVITIES AL1 $ 10,000.00 $ 10,000.00 A15 TRAIL F IC CONTROL PO LICE O FF ICER HR 100 $ 55.00 1$ 5,500.00 SUBTOTAL PART A-GENERAL(ITEM S Al THRU AI5) $ 448,933.75 Part B-STREET IMPROVEMENTS B1 MO BILIZATION(MAX 5%PART B) LS 1 $ 90,000.0o $ 90,000.00 B2 7 INCH REINFROCED CONCRETE SV 11,2821$ 117.00 $ 1,319,994.00 B3 6INCH CRUSHED LIMESTONE FLEXIBLE BASE MATERIAL(TYPE A,GRADE 1-2) SV13,031 $ 19.00 $ 234,559.00 B4 12 INCH COMPACTED SUBGRADE(PROOF ROLLED) SV 13,031 $ 620 $ 90,792.20 B5 STREET EXCAVATION SV 13,031 $ 12.00 $ 156,372.00 B6 MILLAND OVERLAYAT CARROLL LANE SF 6,007 $ 4.50 $ 27,031.50 B7 REEL PAV MRKTV I(Yp"(SLD)(090 MIL)(2 LF 3064 $ 1.7D $ 6,738.80 38 REEL PAVMRKTV I(W)8"(SLD)(090 MIL) LF 580 $ 1.90 $ 1,041.00 B9 REEL PAV MRKTV I(W)8"(DOT)(090 MIL) LF 54 $ 2.00 $ 109.00 REEL PAV MRK TV C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC(W)18" B10 (SLD)D 25 M IL) LF 36 $ 13.00 $ 468.00 REEL PAV MRK TV C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC(W)24' FRI (SD)(125 M IL) LF 1210 $ 19.00 $ 22,990.00 B12 REFLECTIVE PAVEMENT MARKERS DYPE 1)(WHITEXWORD) EA 1 101$ 370.00 $ 3,700.00 B13 REFLECTIVE PAVEMENT MARKERS DYPE 1)(WHITEXARROW) EA 10 $ 235.00 $ 2,350.00 B14 RAISED PAVEMENT MARKERS DYPE FC) EA 28 $ 7.00 $ 196.00 B15 RAISED PAVEMENT MARKERS DYPE II-A-A) EA 160 $ 7.00 $ 1,120.00 B16 RAISED PAVEMENT MARKERS DYPE II-B-B) EA 6 $ 7.00 $ 42.00 B17 CINCH CONCRETE DRIVEWAY SF 9075 $ 11.00 $ 99,925.00 B18 CONCRETE DRIVEWAY DEMOLITION SF 6,085 $ 0.95 $ 5,172.25 B19 CONCRETE PAVEMENT REPAIR SV 44 $ 250.00 $ 11,000.00 B20 ASPHALT PAVEMENT REPAIR SV 743 $ 190.0o $ 141,170.00 FURNISH AND INSTALL SCHOOL ZONE FLASHER BEACON ASSEMBLY(SOLAR POWERED)W/6 LF DRILLED SHAFT FOUNDATION AND 5 YEARS CELLULAR COMMUNICATIONS AND SUPPORT PACKAGE, GLANCE SOFTWARE AND B21 ICONFIGURATION EA 2 $ 10,500.00 $ 21,000.00 FURNISH AND INSTALL ROADSIDE TRAFFIC SIGN AND SIGN SUPPORT ASSEMBLY B22 (TRIANGULAR SLIPBASE) l EA 1 31 $ 710.00 $ 22,010.00 FURNISH AND INSTALL STOP SIGN AND SIGN WITHNEW STREET BLADES(2)AND B23 SIGN SUPPORTASSEMBLY(TRIANGULAR SLIPBASE) EA 13 $ 990.00 $ 12,970.00 B24 REMOVE AND DISPOSE OF ROAD SIGN(S)SUPPOR I B ASSEMBLY EA 22 $ 90.00 $ 1,760.00 ge6o 0 TABULAMON OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATEDBY: ME DESIGN ENGINEER:Hanson Pmfessional Services,Inc. BID DATE:Montlay,March 06,2023 RFB 4571 Reytec Constmc0 JCarmll Weaver Bay Ltd- CIaNC PipNine Services,LLC 'Brizo Construction" PROJECT NO.18031A MCArtlle Roatl(Kostoryz R-d to Cartoll Lane)B—d!2018 1901 Hollister Street PO Box 1361 401 Com ProtlOcis Rd,BMg 1 6229 Leopartl St. 9100 Cannrff St. BASE BID N2 CONCRETE Houston,TX 77080 Sinton,Tx 78387 Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77017 ITEM DESCRIPTION UNIT QTY UNITPRICE I AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT B25 IALLOWANGE FOR UNANTICIPATED STREET IMPROVEMENTS AL 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items Bi thru B25) $ 2,287,311.75 Part C-ADA IMPROVEMENTS C1 M OBILI�ATION(MAX 5%PART C) LS 1 $ 15,000.00 $ 15,000.00 C2 CNCRETE PEDESTRIAN SIDEWALK SF 28346 $ 820 1$ 232,437.20 C3 ISIDIEWALK D EMOLITION I SF 1 21,326 $ 0.50 1$ 10,663.00 C4 ISIDEWALK RETAINING CURB LF 150 $ 72.00 $ 10,800.00 C5 1CONCRETE CURB RAMP EA 26 $ 2,500.00 $ 65,000.00 SUBTOTALPARTC-ADA IMPROVEMENTS(ITEMSCi THRUCS) $ 333,900.20 Part D-RTA IMPROVEMENTS A�GE.OLE-ON N(MAX 5%PART D) LS 1 $ fi,000.00 $ 6,000.00 0E BUSPAD SF 4620 $ 23.00 $ 10fi,2fi0.00 0SHELTER PAD SF238012.00 $ 28,560.00 DOF EXISTING CONCRETE SHELTER PAD SF 1 265 $ 2.70 $ 3,415.50 DD STRIPING(YELLOW)(SOL ID)(FULL WIDTH OF CURB) LF 1 210 $ 6.00 $ 1,260.00 SUBTOTAL PART D-RTA IMPROVEMENTS(Items DIM.DS) $ 145A95.50 Part E-SIGNALIZATION IMPROVEMENTS El MOBILIZATION(MAX 5%PART E) ITS 1 $ 13,000.00 $ 13,000.00 E2 DRILL SHAFT(TRF SIG POLE)(36 IN) LF52 $ 301.00 $ 15,fi52.00 E3 CONDT(PVC)(SCH 40)(2") LF 50 $ 3080 $ 1,500.00 E4 CONDT(PVC)(SCH 40)(2")(BORE) LF 210 $ 4380 $ 9,030.00 E5 CONDT(PVC)(SCH 40)(4") LF 148 $ 4580 $ 6,660.00 E6 CONDT(PVC)(SCH 40)(4")(BORE) LF 210 $ 6280 $ 13,020.00 E7 ELEC GONER(NO 6)BARE LF 32 $ 1.80 $ 57.60 EB ELEC GONER(NO 6)INSULATED LF 64 $ 1.80 $ 11520 E9 ELEC GONER(NO 8)BARE LF 596 $ 120 $ 1,013.20 E10 TRAY CABLE(3 GONER)(12 AWG) LF 1138 $ 220 $ 2,503.60 E11 IGRO UND BOX TY D 062922)W/APRON EA 4 $ 1,10080 $ 4A00.00 E12 REMOVE ELECTRICAL SERVICES EA 1 $ 535.00 $ 535.00 E13 ELC SRV TY D 120240 060(NS)AL(E)TS(0) EA 1 $ 4,680.00 $ 4,680.00 E14 INSTALL HWY TRF SIG(ISOLATED) EA I 1 1$ 44,200.00 $ 44,200.00 E15 REMOVING TRAFFIC SIGNALS EA 1 $ 2,135.00 $ 2,135.00 E16 VEH SIG SEC(12")LED(GRN) EA 8 $ 298.00 $ 2,384.00 E17 VEH SIG SEC(12")LED(GRN ARW) EA 4 $ 312.00 $ 1,248.00 E18 VEH SIG SEC(12")LED(YEL) EA 8 $ 301.00 $ 2A08.00 E19 VEH SIG SEC(12")LED(YELARW) EA 8 $ 305.00 $ 2A40.00 E20 VEH SIG SEC(12")LED(RED) EA 8 $ 297.00 $ 2,376.00 E21 VEH SIG SEC(12")LED(RED ARW) EA 4 $ 301.00 $ 1,204.00 E22 BACKPLATE W/REFL BRDR(3 SEC) EA 8 $ 12280 $ 976.00 E23 BACKPLATE W/REFL BRDR(4 SEC) EA 4 $ 150.0o $ 600.00 E24 PED SIG SEC(LED)(COUNTDOWN) EA 8 $ 641E8o $ 5,120.00 E25 TRF SIG CBL(TYAXI4 AWG)(4 GONER) LF 274 $ 1.90 $ 520.fi0 E26 TRF S IG CBL(TY AXI 4 AWG)(5 CO NOR) LF 347 $ 2.00 $ 64.00 E27 TRF S IG CBL(TY AXI 4 AWG)(16 GONER) LF 390 1,755.00 E28 INS TRF S IG PL AM(SU ARM(32')ILSN EA 1 $ 14,500.00 $ 14,500.00 E29 INSTRFSIG PLAM(SU ARM(W')ILSN EA 3 $ 15,000.00 1$ 45,000.00 ge 10 TABULAMON OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATEDBY: ME DESIGN ENGINEER:Hanson Pmfessional Services,Inc. BID DATE:Montlay,March 06,2023 RFB 4571 Reytec Constmc8 JCarmllWeaver Bay Ltd- CIaNC PipNine Services,LLC 'Brizo Constmclion" PROJECT NO.18031A MCArtlle Roatl(Ko Iyo R-d to C-11 Lane)B—d!2018 1901 Hollister Street PO Box 1361 401 Com Protlecis Rd,BMg 1 6229 Leopartl St. 9100 Cannrff St. BASE BID 62 CONCRETE Houston,TX 77080 Sinton,Tx 78387 Corpus Christi,TX]8409 Corpus Christi,TX]8409 Houston,TX 77017 ITEM DESCRIPTION UNIT CITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT E30 PER POLE ASSEMBLY EA 7 $ 4,200.00 $ 29,400.00 E31 PER DETECT PUSH BUTTON(APS) EA 8 $ 2,500.00 $ 20,060.00 E32 PER DETECTOR CONTROLLER UNIT EA 1 $ 5,900.00 $ 5,900.00 E33 RVDS(PRESENCE DETECTION ONLY) EA 1 $ 8,300.00 $ 33,2110.00 E34 RADAR PRESENCE DETECTOR COMM CABLE LF 470 $ 3.10 $ 1457.00 E35 RADAR DETECTOR CABINET INTERFACE DEVICE EA 1 $ 3,500.00 $ 3,500.00 E36 ILSN(LED)(8 S)(RIGID BACK MOUNT) EA 4 $ 4,000.00 $ 16,000.eo E37 BBD SYSTEM(EXTERNAL BATT CABINET) EA 1 $ 6,400.00 $ 8,400.00 E38 ALLOWANCE FOR UNAN I GIPAT ED SIGNALIZATION IMPROVEMENTS AL 1 $ 25,000.00 1$ 25,000.00 SUBTOTAL PARTE-SIGNALIZATION IMPROVEMENTS(ITEMS El THIRD E38 $ 342,584.20 Part F-I.T.IMPROVEMENTS F1MOBI LI�ATION(MAX 5%PART F) LS 1 $ 4,000.00 $ 4.000.00 F2 PVC 40)ELECTRICAL CONDUIT(IT/MIS)WITH MULETAPE LF 2572 $ 25.00 $ 64,300.00 F3 NEWBASIS POLYMER CONCRETE PULL BOX 24"X3fi"X18"W/3"GRAVEL(IT/MIS) EA 10 $ 3,400.00 $ 34,000.00 F4 ALLOWANCEFORUNANI—IPATEO IT.IMPROVEMENTS AL 1 $ 1,000.00 1$ 1,000.00 SUBTOTAL PART F-I.T.IMPROVEMENTS(ITEMS Fl THRUF4) $ 103,300.00 Part G-GAS IMPROVEMENTS G1MOBILIZATION(MAX S%PART G) LS 1 $ 10,002.00 $ 10,000.00 TRENCHING FOR HIGH PRESSURE GAS LINE(ADJUSTMENT TO BE COMPLETED BY G2 THE CITY OF CORPUS CHRISTI GAS DEPARTMENT) LF 5185 $ 1].00 $ 88,145.00 G3 BACKFILLAND COMPACTION OF HIGH PRESSURE GAS LINE LF 5185 $ 35.00 $ 181,4]5.00 G4 JALLUWANGLVUHUNANIIClPAILUGAbIMPKOVEMEN18 AL 1 1 $ 10,00o.eo $ 10,000.00 SUBTOTALPARTG-GASIMPROVEMETNS(ITEMS GI THRUG4) $ 289,620.00 Part H-STORMWATER IMPROVEMENTS H1 MOBILIZATION(MAX 5%PART H) LS 1 $ 90,OOO.eo $ 90,000.00 H2 DEMOLITION OF EXISTING CURB INLET EA 23 $ 295.00 6,785.00 H3 H3 DEMOLITION OF EXISTING MANHOLE/JUNCTION EA 9 $ B]O.eo $ 7,630.00 H4 REMOVAL OF REINFORCED CONCRETE PIPE LF 5,431 $ 12.00 $ 65,172.00 H5 NEW STANDARD CURB INLET(5'THROAT OPENING) EA 30 $ 5,600.00 $ 174,000.00 H6 NEW CURB INLET EXTENSION(5'TROAT OPEN ING)(I D 2'X 5') EA 23 $ 3,100.00 $ 71,300.00 H7 TYPE A STORM MANHOLE(5'DIAMETER) EA 19 $ ],900.00 $ 150,100.00 HB TYPE C STORMWATER MANHOLE EA 2 $ 16,000.00 $ 36,000.00 H9 18"REINFORCED CONCRETE PIPE(CLASS III) LF 6% $ 194.00 $ 127,264.00 HID 24"REINFORCED CONCRETE PIPE(CLASS III) LF 280 $ 190.00 $ 53,200.00 H11 36"REINFORCED CONCRETE PIPE(CLASS III) LF 277 $ 300.00 $ 63,1130.130 H12 42"REINFORCED CONCRETE PIPE(CLASS III) LF 1 1 Z46 1$ 372.00 $ 463,512.00 H13 48"REINFORCED CONCRETE PIPE(CLASS III) LF 519 $ 42A.eo $ 2211,056.00 H14 4'X5'REINFORCED CONCRETE BOX(GLASS III) LF 544 $ ]]4.130 $ 421,1356.00 H15 RECONNECT TO EXISTING STORM EA 9 $ 1,000.00 $ 9,000.00 H16 TRENCH SAFETY FOR STORMWATER LINES LF 3,522 $ 6.130 $ 21,132.00 H17 TRENCH SAFETY FOR STORMWATER MANHOLES EA 21 $ 250.00 $ 5,250.00 H18 NEW6"CURB AND GUTTER LF 563 $ 26.00 $ 15,764.130 HID NEW6"CURB LF 5,028 $ 6.130 $ 30,168.00 H2O CURB AND GUTTER DEMOLITION LF 5,501 $ 220 $ 12,300.20 H21 JUNCTION BOX TIE-IN EA 1 $ 14,000.00 $ 14,000.00 H22 ALLOWANCE FOR UNANTICIPATED STORMWATER IMPROVEMENTS AL 1 $ 20,000.00 $ 20,000.00 ge eof l0 TABULAMON OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATEDBY: ME DESIGN ENGINEER:Hanson Pmfessional Services,Inc. BID DATE:Montlay,March 06,2023 RFB 4571 Reytec Const.c0 JC-11Weaver Bay Ltd- CIaNCPipNine Senn-.,LLC 'Brizo Constfuc0on" PROJECT NO.18031A MC ldi.Roatl(K-.to R-d to Carto11 Lane)Bontl 2018 1901 Hollister Street PO Box 1361 401 Com Prod.B,Rd,BMg 1 6229 Leopartl St. 9100 Cannrff St. BASE BID 82 CONCRETE Houston,TX 77080 Sinton,Tx 78387 Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77017 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT SUBTOTAL PART H-STORMWATER IMPROVEMENTS ITEMS Hi THRU H22 $ 2,096,989.20 Part l-WASTEWATER IMPROVEMENTS 11 MOBILIZAION(MAX 5%PART I) LS 1 $ 40,600.99 $ 40,000.00 12 PIPE BURST EXISTING 8"VCPW/10"HDPE LF 1688 $ 200.00 $ 337,600.00 13 B"PVC GRAVITY WASTEWATER LINE LF 289 $ 340.00 $ 98,260.00 14 PIPE BURST EXISTING 10"VCP W/12"HDPE LF 165 $ 250.00 $ 41,250.00 15 10"PVC GRAVITY WASTEWATER LINE LF 43 $ 310.00 $ 13,330.00 16 PIPE BURST EXISTING 15"VCP W/18"HDPE LF 726 $ 280.00 $ 203,280.00 17 4"PVC GRAVITY WASTEWATER LINE LF 36 $ 300.00 $ 10,800.00 18 MANHOLE FIBERGLASS LINER REHABILITATION AND ADJUSTTOPTO GRADE EA 11 $ 18,000.00 $ 198,000.00 19 B"COUPLING EA 9 $ 900.00 $ 8,100.00 110 10"COUPLING EA 1 $ 1,000.00 $ 1,000.00 111 TRENCH SAFETY FOR WASTEWATER GRAVITY LINES LF 368 $ 14.00 $ 5,152.00 112 TRENCH SAFETY FOR WASTEWATERMAN HOLES EA 13 $ 200.00 $ 2,600.00 113 REMOVE EXISTING WASTEWATER GRAVITY LINE I LF 368 $ ?5w $ 9,200.00 114 WASTEWATER BYPASSPUMPING LS 2 $ 45,000.00 $ 90,000.00 115 TIE-IN TO WASTEWATER MANHOLE EA 12 $ 1,800.00 $ 21,600.00 116 5'DIAMETER WASTEWATER MANHOLE EA 1 $ 16,500.00 $ 16,500.00 117 MANHOLE DROP CONNECTION EA 2 $ 1,900.00 $ 3,800.00 118 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS AL 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PARTI-WASTEWATERIMPROVEMENTS(ITEMS II THRU 118) $ 1,110,472.00 Part J-WATER IMPROVEMENTS J1 MO BILIZATION(MAX 5%PART J) ITS 1 $ 30,000.00 $ 30,000.00 J2 6"PVC WATERLINE LF 832 $ 200.00 $ 166,400.00 J3 B"PVC WATERLINE LF 2,530 $ 126.00 $ 318,780.00 J4 4"PVC WATERLINE LF 28 $ 106.00 $ 2,968.00 J5 2"PVC WATERLINE LF 3 $ 35.00 $ 105.00 J6 TRENCH SAFETY FOR 2"TO B"WATERLINES LF 3393 $ 1.00 $ 3,393.00 J7 8"X6"DIMJ.TEE EA 17 $ 1,050.00 $ 17,850.00 JB 6"X 4"D.I M J.REDUCER EA 12 $ 620.00 $ 7,440.00 J9 6"X 2"D.I M J.REDUCER EA 1 $ 440.00 $ 440.00 J10 B"D I M J.SLEEVE EA 2 $ 3,500.00 $ 7,000.00 J11 6"D I M J.SLEEVE EA 3 $ 3,400.00 $ 10,200.00 J12 4"D I M J.SLEEVE EA 121$ 1,800.00 $ 21,600.00 J13 2"D I M J.SLEEVE EA 1 $ 940.00 $ 940.00 J14 8"X6"D IM J.CROSS EA 5 $ 1,250.00 $ 6,250.00 J15 B"D I M J.45 DEG BEND EA 30 $ 660.00 $ 19,800.00 J16 6"D I M J.45 DEG BEND EA 78 $ 530.00 $ 41,340.00 J17 6"D I M J.1125 DEG BEND EA 6 $ 530.00 $ 3,180.00 JIB 6"GATE VALVE EA 8 $ 2,600.00 $ 20,800.00 JIB GROUT FILL AND ABANDON IN PLACE EXISITNG WATERLINE LF 3393 $ 6.80 $ 23,072.40 J20 FIRE HYDRANT ASSEMBLIES EA 11 $ 6,000.00 $ 66,000.00 J21 WATER SERVICE RECONNECTIONS EA 18 $ 4,100.00 $ 73,800.00 J22 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS AL 1 $ 10,000.00 $ 10,000.00 J23 8"GATE VALVE EA 36 $ 2,600.00 $ 93,600.00 SUBTOTAL PARTJ-WATER IMPROVEMENTS(ITEMS Bi THRU J23 $ 9411958.40 g 9of16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATEDBY: ME DESIGN ENGINEER:Hanson Pmfessional Services,Inc. BID DATE:Montlay,March 06,2023 RFB 4571 Reytec Constmc- JCarmllWeaver Bay Ltd- CIaNC Pipeline Services,LLC 'Brizo Construction" PROJECT NO.18031A MC kill.Roatl(Kostoryz R-d to C-11 Lane)B—d!2013 1001 Hollister Street PO Box 1361 401 Com Md.is Rd,Bldg 1 6220 Leopartl St. 0100 Cannrff St. BASE BID N2 CONCRETE Houston,TX 77080 Sinton,Tx 78387 Corpus Christi,TX 78409 Corpus Christi,TX 78409 Houston,TX 77017 �jj DESCRIPTION UNIT OTY UNITPRICE AMOUNT UNITPRME AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT NTAL ISSUESE FOR UNANTICIPATED ENVIRONMENTAL ISSUES AL 1 $ 10.000.00 5 10.000.00 SUBTOTAL PARTK-ENVIRONMENTAL ISSUES(ITEMS Ki $ 10,000.00 TOTAL BASE BID $ 8,113,565.00 ^^B,dVe,Brim Construction has been d—d Non-Responsive^^' ge 1g of 1g Capital Improvement Plan 2023 that 2025 City of Corpus Christi, Texas Project# 18031 Project Name McArdle Road (Carroll Ln to Kostoryz Rd) Type Reconditioning-Asset Longevity Department Public Works Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition\longevity Status Active Description This project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage, pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan.This project is currently scheduled to begin construction in FY2023 and continue until completed. Schedules may be adjusted after design is completed or during annual CIP update. Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 1,000,000 1,000,000 Design 257,614 257,614 Storm Water-St. 143,863 725,900 869,763 WasteWater-St 138,413 361,500 499,913 Water-St. 408,786 408,786 Eng,Admin Reimbursements 28,000 288,386 316,386 Total 567,890 2,784,572 3,352,462 Funding Sources Prior Years 2023 2024 2025 Total G.O.Bond 2018 284,000 1,041,000 1,325,000 Revenue Bonds 283,890 1,743,572 2,027,462 Total 567,890 2,784,572 3,352,462 Budget Impact/Other There is no projected operational impact with this project at this time. Once the project is completed it will be added to the Street Preventative Maintenance Program. Project Location GOLLIHAR — p ; N >w z W ::o.::... 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PROJECT NO. 18031A , MCARDLE ROAD - CITY COUNCIL EXHIBIT CARROLL LANE TO CITY OF CORPUS CHRISTI,TEXAS _ KOSTORYZ ROAD DEPARTMENT OF ENGINEERING SERVICES Corpus Christi Engineering McArdle Road (Kostoryz Rd to Carroll Ln) Council Presentation April 18, 2023 McArdle Road (Kostoryz Rd to Carroll Ln) Corpus Chr sti Project Location Engineering Location Map - F� r 8 Ih� Q m4�1i l:k" �`l, t -- r'` PROJECT N0.18091 A MCARDLE ROAD- CITY COUNCIL EXHIBIT KOSTORYZ ROAD TO CARROLL LANE ocwn.ewra exc.rcu.c cmc Z \� McArdle Road F (Kostoryz Rd to Carroll Ln) Corpus Chrsti j Engineering Scope of Work Motion awarding a construction contract to Reytec Construction, Corpus Christi, TX, for reconstruction of McArdle Road from Kostoryz Road to Carroll Lane, with new asphalt pavement and utility improvements, located in Council District 2 & Council District 3, in an amount of $8,113,565.00. The proposed scope of work includes the listed below items: • Full depth reconstruction of the existing 2-lane roadway with a new asphalt pavement section, sidewalks, and pavement markings • New traffic signs • ADA compliant pedestrian improvements • Drainage improvements and utility upgrades • Upgrading the traffic signal equipment at Carroll Lane McArdle Road (Kostoryz Rd to Carroll Ln) Corpus Chr sti Project Schedule Engineering 2021-2023 i23 2023-2024 Oct i i - Oct -Jan Jan -April July - September Design I Bid/Award L Construction Projected Schedule reflects City Council award in June 2023 with anticipated completion by September 2024. so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 One-Reading Ordinance for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Ernest De La Garza, P.E., Director of Public Works edelagarza(a-)cctexas.com (361) 826-1877 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Construction Contract Award Alameda Street (Chamberlain Street to Louisiana Avenue) and Alameda Street (Texan Trail to Chamberlain Street) (Bond 2018, Proposition A, Bond 2020, Proposition A) CAPTION: One-reading ordinance awarding a construction contract to Reytec Construction of Corpus Christi, Texas, in an amount of$15,407,700.21, for reconstruction of Alameda Street from Chamberlain Avenue to Louisiana Street and Alameda Street from Texan Trail to Chamberlain Street with new concrete paving, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, and utility improvements, amending the FY 2023 Capital Budget; located in Council Districts 2 with FY 2023 funding available from the Street Bond 2018, Storm Water, Wastewater, Water and Gas funds and Certificates of Obligation. SUMMARY: This motion awards a construction contract to Reytec Construction for the reconstruction of Alameda Street from Louisiana Avenue to Texan Trail. This reconstruction project is comprised of two projects: Alameda St. from Chamberlain Ave to Louisiana Ave (Bond 2018) and Alameda St. from Texan Trl. to Chamberlain St(Bond 2020). The construction will include a 5-lane roadway with new concrete pavement, installation of curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, utility improvements to water, storm water, wastewater, gas, and traffic signals. BACKGROUND AND FINDINGS: Alameda Street from Louisiana Avenue to Texan Trail is classified as a Secondary Arterial roadway (A-2) on the Urban Transportation Plan (UTP) and is 1.02 miles in length. This section of street was originally constructed in 1891, reconstructed in 1955, and an asphalt overlay was applied in 2002. The pavement has since deteriorated and needs replacement. This project is for the reconstruction of the existing five-lane roadway which is a 65-foot-wide curb and gutter jointed-concrete roadway with sidewalk, underground water lines, wastewater lines, gas lines storm water lines. This portion of Alameda St provides access the Six Points intersection, Menger Elementary School, Incarnate Word Academy, H-E-B, Corpus Christi Medical Center, various smaller commercial properties, and the surrounding neighborhoods. The project scope includes full depth reconstruction of the existing 5-lane roadway with a new concrete pavement section, pavement markings, wide variable-width grass buffer strips, two 5- foot sidewalks, new traffic signs, ADA-compliant pedestrian improvements, drainage improvements, utility and traffic signal upgrades. PROJECT TIMELINE: 2021-2023 2023 2023-2025 Aug - Feb Feb - Jun July - October Design Bid/Award Construction Project schedule reflects City Council award in June with anticipated construction completion by October 2025. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on February 27, 2023, for the proposed Alameda Street construction project. The solicitation contained two base bids: Base Bids 1 (Asphalt) and Base Bid 2 (Concrete). On April 19, 2023, the City opened the received bids; a summary of the bids is provided below. Bidder Base Bid 1 HMAC Base Bid 2 Concrete 1 Reytec Construction Not Bidding $15,407,700.21 2 Bay Ltd. $21,723,962.48 $20,939,235.00 Engineer's Opinion of $16,847,002.04 $16,609,902.11 Probable Construction Cost The city analyzed the submitted bids in accordance with contract documents and determined Reytec Construction was the lowest responsive and responsible bidder. Reytec Construction successfully completed the reconstruction of Everhart Road, from Holly Drive to South Padre Island Drive; the Six Points intersection reconstruction; Flato Road, from Bates Road to Agnes Street; and Staples Street, from Kostoryz Road to Brawner Parkway. ALTERNATIVES: City Council could choose not to award the contract to Reytec Construction. This would delay the project and conflict with City Council's goal to expedite street projects with Bond Funds. FISCAL IMPACT: The fiscal impact for FY 2023 is an amount of $15,407,700.21 with FY 2023 funding available from Street Bond 2018, Street Bond 2020, and FY2023 Storm Water, Wastewater, Water and Gas. The shortfall in the funding for the project will be funded from the issuance of certificates of obligation. Funding Detail: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in FY 2023. The project is ready to be implemented. Funding Detail for Alameda Street from Louisiana Street to Chamberlain Street (18005) Fund: ST2020 Bond18 P2 (Fund 3557) Mission Elem: Streets (33) Project: 18005A- Alameda St (Chamberlain St to Louisiana St) Account: Construction (550910) Activity: 18005-A-3557-EXP Amount: $1,844,577.64 Fund: Street 2024 Certificates of Obligation (3562) Mission Elem: Streets (033) Project: 18005A- Alameda St (Chamberlain St to Louisiana St) Account: Construction (550910) Activity: 18005-A-3562-EXP Amount: $1,718,381.73 Fund: Street 2023 Certificates of Obligation (3560) Mission Elem: Streets (033) Project: 18005A- Alameda St (Chamberlain St to Louisiana St) Account: Construction (550910) Activity: 18005-A-3560-EXP Amount: $1,000,000.00 Fund: Storm Water 2023 CIP (Fund 4534) Mission Elem: Storm Water Drainage (47) Project: 18005A- Alameda St (Chamberlain St to Louisiana St) Account: Construction (550910) Activity: 18005-A-4534-EXP Amount: $2,118,279.54 Fund: Water 2023 CIP (Fund 4487) Mission Elem: Water Distribution System (45) Project: 18005A- Alameda St (Chamberlain St to Louisiana St) Account: Construction (550910) Activity: 18005-A-4487-EXP Amount: $584,463.64 Fund: Wastewater 2023 CIP (Fund 4260) Mission Elem: Wastewater Collection (46) Project: 18005A- Alameda St (Chamberlain St to Louisiana St) Account: Construction (550910) Activity: 18005-A-4259-EXP Amount: $1,631,408.96 Fund: Gas 2023 CIP (Fund 4562) Mission Elem: Gas Distribution System (11) Project: 18005A- Alameda St (Chamberlain St to Louisiana St) Account: Construction (550910) Activity: 18005-A-4562-EXP Amount: $75,489.04 Contract Total for Alameda Street from Louisiana Street to Chamberlain Street (18005): $8,972,600.55 Funding Detail for Alameda Street from Chamberlain Street to Texan Trail (21051) Fund: ST2021 Bond20 A (Fund 3558) Mission Elem: Streets (33) Project: 21051 - Alameda (Texan Trail to Chamberlain) Account: Construction (550910) Activity: 21051-3558-EXP Amount: $4,540,593.80 Fund: Storm Water 2023 CIP (Fund 4534) Mission Elem: Storm Water Drainage (47) Project: 21051 - Alameda (Texan Trail to Chamberlain) Account: Construction (550910) Activity: 21051-4534-EXP Amount: $1,116,275.64 Fund: Wastewater 2023 CIP (Fund 4258) Mission Elem: Wastewater Collection (46) Project: 21051 - Alameda (Texan Trail to Chamberlain) Account: Construction (550910) Activity: 21051-4258-EXP Amount: $6,807.68 Fund: Water 2023 CIP (Fund 4487) Mission Elem: Water Distribution System (45) Project: 21051 - Alameda (Texan Trail to Chamberlain) Account: Construction (550910) Activity: 21051-4487-EXP Amount: $704,078.65 Fund: Gas 2023 CIP (Fund 4561) Mission Elem: Gas Distribution System (11) Project: 21051 - Alameda (Texan Trail to Chamberlain) Account: Construction (550910) Activity: 21051-4561-EXP Amount: $67,343.89 Contract Total for Alameda Street from Chamberlain Street to Texan Trail (21051): $6,435,099.66 Overall Contract Total: $15,407,700.21 RECOMMENDATION: Staff recommends awarding the construction contract to Reytec Construction for reconstruction of Alameda Street from Chamberlain Avenue to Louisiana Avenue (Bond 2018) and Alameda Street from Texan Trail to Chamberlain Street (Bond 2020) in the amount of$15,407,700.21 with construction duration planned for 27 months from issuance of the Notice to Proceed with construction starting in July 2023 and completion by October 2025. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs CIP Page Power Point Presentation One-reading ordinance awarding a construction contract to Reytec Construction of Corpus Christi, Texas, in an amount of$15,407,700.21, for reconstruction of Alameda Street from Chamberlain Avenue to Louisiana Street and Alameda Street from Texan Trail to Chamberlain Street with new concrete paving, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, and utility improvements, amending the FY 2023 Capital Budget; located in Council Districts 2 with FY 2023 funding available from the Street Bond 2018, Storm Water, Wastewater, Water and Gas funds and Certificates of Obligation. WHEREAS, the bids for the Alameda Street reconstruction project were opened on April 19, 2023 and the contract was awarded to Reytec Construction of Corpus Christi, Texas as the lowest responsible bidder in the amount of $15,407,700.21 ; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2022-2023 Capital Budget, adopted by Ordinance No. 032856, is amended to increase revenues and expenditures by $1,718,381.73. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Reytec Construction in an amount not to exceed $15,407,700.21 for reconstruction of Alameda Street from Chamberlain Avenue to Louisiana Street and Alameda Street from Texan Trail to Chamberlain Avenue. SECTION 3. That upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 27th day of June, 2023. 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 Guajardo Mayor Council Members PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Bay Ltd. Reytec Construction PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1414 Valero Way 1901 Hollister Street (Chamberlain to Texan Trail)Bond 2020 BASE BID 1 HMAC Corpus Christi,Texas 78409 Houston,Texas 77080 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part A-GENERAL 1-A1 MOBILIZATION MAX.5%OF PART A) AL 1.00 $ 30,887.73 $ 30,887.73 1-A2 BONDS AND INSURANCE AS REQUIRED AL 1.00 $ 126,200.00 $ 126,200.00 1-A3 CLEAR RIGHT-OF-WAY AC 1.30 $ 54,000.00 $ 70,200.00 1-A4 OZONE ACTION DAY EA 10.00 $ 660.00 $ 6,600.00 1-A5 PORT CTB FUR&INST LOW PROF)(TY 1 LF 1,480.00 $ 19.50 $ 28,860.00 1-A6 PORT CTB FUR&INST LOW PROF)(TY 2 LF 840.00 $ 18.00 $ 15,120.00 1-A7 PORT CTB MOVE LOW PROF)(TY 1 LF 3,180.00 $ 7.40 $ 23,532.00 1-A8 PORT CTB MOVE LOW PROF)(TY 2 LF 2,000.00 $ 8.30 $ 16,600.00 1-A9 PORT CTB REMOVE LOW PROF TY 1 LF 1,480.00 $ 18.75 $ 27,750.00 1-A10 PORT CTB REMOVE LOW PROF TY 2 LF 840.00 $ 16.50 $ 13,860.00 1-A11 WK ZN PAV MARK REMOVE LF 31,281.00 $ 0.60 $ 18,768.60 1-Al2 WK ZN PAV MARK NON-REMOVE LF 15,718.00 $ 0.40 $ 6,287.20 1-A13 TCP MOBILIZATION/ADJUSTMENTS LS 1.00 $ 50,000.00 $ 50,000.00 1-A14 TCP ITEMS BARRELS,CONES,SIGNS,ETC. MONTH 29.00 $ 8,500.00 $ 246,500.00 1-A15 TCP-ELECTRIC MESSAGE BOARDS EA 6.00 $ 21,600.00 $ 129,600.00 1-A16 TCP-CROSSING GUARDS DAY 380.00 $ 600.00 $ 228,000.00 1-A17 TCP-POLICE OFFICER DAY 6.00 $ 2,500.00 $ 15,000.00 1-A18 BLOCK SODDING SY 10,433.00 $ 12.25 $ 127,804.25 1-A19 SILT FENCE FOR STORM WATER POLLUTION LF 3,596.00 $ 16.75 $ 60,233.00 1-A20 STORM WATER POLLUTION PREVENTION PLAN LS 1.00 $ 1,300.00 $ 1,300.00 1-A21 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS AL 1.00 $ 80,000.00 $ 80,000.00 SUBTOTAL PART A-GENERAL(Items 1-A1 thru 1-A21) $ 1,323,102.78 Part B-STREET IMPROVEMENTS 1-B1 MOBILIZATION MAX.5%OF PART B AL 1.00 $ 70,500.00 $ 70,500.00 1-B2 STREET EXCAVATION SY 41,977.00 $ 18.00 $ 755,586.00 1-B3 EMBANKMENT SY 1,212.00 $ 25.00 $ 30,300.00 1-B4 TYPE D HOT-MIX ASPHALTIC CONCRETE PAVEMENT(3")(INCLUDES TACK COAT) Sy 37,236.00 $ 27.00 $ 1,005,372.00 1-B5 TYPE B HOT-MIX ASPHALTIC CONCRETE PAVEMENT 4" SY 37,236.00 $ 31.00 $ 1,154,316.00 1-B6 PRIME COAT MC-30 GAL 5,585.00 $ 6.00 $ 33,510.00 1-B7 ASPH AC-15P,HFRS-2P OR CRS-2P GAL 11,171.00 $ 6.00 $ 67,026.00 1-B8 AGGR TY-PB GR-4 SAC-B) CY 339.00 $ 300.00 $ 101,700.00 1-B9 16"CRUSHED LIMESTONE BASE TY A,GR.1-2 SY 41,655.00 $ 65.00 $ 2,707,575.00 Page 1 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Bay Ltd. Reytec Construction PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1414 Valero Way 1901 Hollister Street (Chamberlain to Texan Trail)Bond 2020 BASE BID 1 HMAC Corpus Christi,Texas 78409 Houston,Texas 77080 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-B10 LIME TON 0.00 $ $ 1-B11 8"LIME STABILIZED SUBGRADE SY 41,977.00 $ 21.00 $ 881,517.00 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT MARKING 12.00 $ 330.00 1-B12 TYPE 1 W WORD EA $ 3,960.00 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT MARKING 37.00 $ 230.00 1-B13 ITYPE 1 ARROW EA $ 8,510.00 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT MARKING 2.00 $ 430.00 1-B14 TYPE 1 W DBL ARROW EA $ 860.00 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT MARKING 2.00 $ 530.00 1-B15 TYPE 1(W)(LNDP ARROW) EA 1 $ 1,060.00 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC REFL.PAVEMENT 120.00 $ 8.00 1-B16 MARKING TYPE 1 W 12" SLD 090 MIL LF $ 960.00 TYPE C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC REFL.PAVEMENT 2,567.00 $ 21.00 1-B17 MARKING TYPE 1 W 24" SLD 090 MIL LF $ 53,907.00 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC ACCESSIBLE 1.00 $ 270.00 1-B18 PARKING BLUE&WHITE W1 BORDER SMALL EA $ 270.00 1-B19 REFL.PAVEMENT MARKING TYPE 1 W 8" SLD 090 MIL LF 720.00 $ 1.10 $ 792.00 1-B20 REFL.PAVEMENT MARKING TYPE 1 W 4")(BRK)(090 MIL LF 3,020.00 $ 0.55 $ 1,661.00 1-B21 REFL.PAVEMENT MARKING TYPE 1 W 4" SLD 090 MIL LF 1 1,326.00 $ 0.55 $ 729.30 1-B22 REFL PAVEMENT MARKING TYPE 1 W 4" DOT 090 MIL LF 46.00 $ 0.55 $ 25.30 1-B23 REFL PAVEMENT MARKING TYPE 1 4" DOT 090 MIL LF 24.00 $ 0.55 $ 13.20 1-B24 REFL.PAVEMENT MARKINGS TY Y 4" BRK 090 MIL LF 1,800.00 $ 0.55 $ 990.00 1-B25 REFL.PAVEMENT MARKING TYPE 4" SLD 090 MIL LF 9,933.00 $ 0.55 $ 5,463.15 1-B26 TY I-C RAISED PAVEMENT MARKER REFLECTORIZED EA 182.00 $ 5.10 $ 928.20 1-B27 TY-II-A-A RAISED PAVEMENT MARKER REFLECTORIZED EA 296.00 $ 5.10 $ 1,509.60 1-B28 TY-II-B-B RAISED PAVEMENT MARKER REFLECTORIZED EA 7.00 $ 5.10 $ 35.70 1-B29 REMOVE SM RD SN SUP&AM EA 108.00 $ 66.00 $ 7,128.00 1-B30 IN SM RD SN SUP&AM TY 10BWG 1 SA P EA 82.00 $ 910.00 $ 74,620.00 1-B31 IN SM RD SN SUP&AM TY 10BWG 1 SA P-BM EA 20.00 $ 1,100.00 $ 22,000.00 1-B32 CONCRETE DRIVEWAY SY 2,950.00 $ 180.00 $ 531,000.00 1-B33 REMOVING CONC DRIVEWAY SY 2,640.00 $ 57.00 $ 150,480.00 1-B34 JOINTED PLAIN CONCRETE PAVEMENT(6 IN) PARKING LOT SY 322.00 $ 160.00 $ 51,520.00 1-B35 4"CRUSHED LIMESTONE BASE TY A,GR.1-2 SY 322.00 $ 56.00 $ 18,032.00 1-B36 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS AL 1.00 $ 25,000.00 $ 25,000.00 Page 2 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Bay Ltd. Reytec Construction PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1414 Valero Way 1901 Hollister Street (Chamberlain to Texan Trail)Bond 2020 BASE BID 1 HMAC Corpus Christi,Texas 78409 Houston,Texas 77080 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT SUBTOTAL PART B-STREET IMPROVEMENTS(Items 1-B1 thru 1-B36) $ 7,768,856.45 Part C-TRAFFIC SIGNAL IMPROVEMENTS 1-C1 MOBILIZATION MAX.5%OF PART C AL 1.00 $ 60,500.00 $ 60,500.00 1-C2 DRILL SHAFT TRF SIG POLE 24 IN LF 144.00 $ 180.00 $ 25,920.00 1-C3 DRILL SHAFT TRF SIG POLE 36 IN LF 270.00 $ 410.00 $ 110,700.00 1-C4 CONDT PVC)(SCHD 40 2" LF 865.00 $ 16.75 $ 14,488.75 1-05 CONDT PVC)(SCHD 40 4" LF 695.00 $ 36.00 $ 25,020.00 1-C6 CONDT PVC)(SCHD 40 2" BORE LF 675.00 $ 40.00 $ 27,000.00 1-C7 CONDT PVC)(SCHD 40 4" BORE LF 750.00 $ 63.00 $ 47,250.00 1-C8 2 CONDR NO.12 WITH GROUND LUMINAIRE WIRE LF 415.00 $ 1.90 $ 788.50 1-C9 ELEC CONDR NO.6 BARE LF 40.00 $ 2.70 $ 108.00 1-C10 IELEC CONDR(NO.6)INSULATED LF 80.00 $ 2.80 $ 224.00 1-C11 ELEC CONDR NO.8 BARE LF 2,880.00 $ 2.00 $ 5,760.00 1-C12 TRAY CABLE 3 CONDR 12 AWG LF 2,830.00 $ 2.80 $ 7,924.00 1-C13 TRAY CABLE 3 CONDR 14 AWG LF 1,200.00 $ 2.70 $ 3,240.00 1-C14 GROUND BOX TY D WITH APRON EA 24.00 $ 1,900.00 $ 45,600.00 1-C15 INSTALL HWY TRF SIG ISOLATED EA 3.00 $ 7,700.00 $ 23,100.00 1-C16 ELC SRV TY D 120/240 060 NS SS E PS U EA 3.00 $ 9,200.00 $ 27,600.00 1-C17 ILSN LED 8S DURALIGHT FIXED MOUNT EA 14.00 $ 4,600.00 $ 64,400.00 1-C18 REMOVING TRAFFIC SIGNALS EA 3.00 $ 2,900.00 $ 8,700.00 1-C19 LOUVERED VACUUM FORMED ABS BACK PLATE(12")(3 SEC EA 26.00 $ 160.00 $ 4,160.00 1-C20 LOUVERED VACUUM FORMED ABS BACK PLATE(12")(4 SEC EA 7.00 $ 180.00 $ 1,260.00 1-C21 LOUVERED VACUUM FORMED ABS BACK PLATE(12")(5 SEC EA 2.00 $ 210.00 $ 420.00 1-C22 DURALIGHT COUNTDOWN PEDESTRIAN SIGNAL MODULE(16 INCH) EA 28.00 $ 790.00 $ 22,120.00 1-C23 TRF SIG CBL TY A 14 AWG 4 CONDR LF 1,646.00 $ 2.70 $ 4,444.20 1-C24 TRF SIG CBL TY A 14 AWG 5 CONDR LF 1,130.00 $ 2.80 $ 3,164.00 1-C25 TRF SIG CBL TY A 14 AWG 7 CONDR LF 202.00 $ 3.00 $ 606.00 1-C26 TRF SIG CBL TY A 14 AWG 16 CONDR LF 1,895.00 $ 6.00 $ 11,370.00 1-C27 INS TRF SIG PL AM(S)1 ARM 32' ILSN R !0202 $ 19,100.00 $ 38,200.00 1-228 INS TRF SIG PL AMS)l ARM 32' LUM&ILSN EA 2.00 $ 20,100.00 $ 40,200.00 1_C29 INS TRF SIG PL AM(S)1 ARM 36' ILSN EA 2.00 $ 19,800.00 $ 39,600.00 1-C30 INS TRF SIG PL AM S 1 ARM 36' LUM&ILSN EA 1 3.00 1 $ 21,000.00 $ 63,000.00 Page 3 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Bay Ltd. Reytec Construction PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1414 Valero Way 1901 Hollister Street (Chamberlain to Texan Trail)Bond 2020 BASE BID 1 HMAC Corpus Christi,Texas 78409 Houston,Texas 77080 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-C31 INS TRF SIG PL AM(S)1 ARM 40' ILSN EA 3.00 $ 21,100.00 $ 63,300.00 1-C32 INS TRF SIG PL AM(S)1 ARM 40' LUM&ILSN EA 1.00 $ 22,600.00 $ 22,600.00 1-C33 INS TRF SIG PL AM(S)1 ARM 44' ILSN EA 1.00 $ 23,500.00 $ 23,500.00 1-C34 PED POLE ASSEMBLY EA 18.00 $ 1,300.00 $ 23,400.00 1-C35 POLARA AEP TOUCHLESS PUSH BUTTON APS W1 R10-3E CUSTOM SIGN EA 28.00 $ 1,200.00 $ 33,600.00 1-C36 IPED DETECTOR CONTROLLER UNIT EA 3.00 $ 5,800.00 $ 17,400.00 1-C37 I LED TRAFFIC SIGNAL MODULE-VEH SIG SEC 12" LED GRN EA 1 28.00 $ 430.00 $ 12,040.00 1-C38 LED TRAFFIC SIGNAL MODULE-VEH SIG SEC 12" LED GRN ARW EA 9.00 $ 430.00 $ 3,870.00 1-C39 LED TRAFFIC SIGNAL MODULE-VEH SIG SEC 12" LED(YE L) EA 28.00 $ 430.00 $ 12,040.00 1-C40 LED TRAFFIC SIGNAL MODULE-VEH SIG SEC 12" LED YEL ARW EA 16.00 $ 430.00 $ 6,880.00 1-C41 LED TRAFFIC SIGNAL MODULE-VEH SIG SEC 12" LED RED EA 28.00 $ 430.00 $ 12,040.00 1-C42 LED TRAFFIC SIGNAL MODULE-VEH SIG SEC 12" LED RED ARW EA 7.00 $ 430.00 $ 3,010.00 1-C43 ALPHA XFM 1100 UNINTERRUPTIBLE POWER SUPPLY WITH CABINET EA 3.00 $ 11,600.00 $ 34,800.00 1-C44 RADAR PRESENCE DETECTOR WAVETRONIX EA 12.00 $ 8,900.00 $ 106,800.00 1-C45 RADAR PRESENCE DETECTOR COMM&POWER CABLE SMARTSENSOR 6/C LF 1,777.00 $ 4.00 $ 7,108.00 1-C46 AXIS PTZ CAMERA WITH POLE MOUNTING BRACKET EA 4.00 $ 10,500.00 $ 42,000.00 1-C47 ETHERNET CABLE CAT5E FOR PTZ CAMERA LF 495.00 $ 1.80 $ 891.00 1-C48 WAVETRONIX CLICK 656 CABINET INTERFACE DEVICE EA 3.00 $ 3,500.00 $ 10,500.00 1-C49 VALMONT MITIGATOR MAST ARM DAMPING PLATE EA 5.00 $ 860.00 $ 4,300.00 1-050 CONTROLLER CABINET S-2 WITH EXTENSION EA 3.00 $ 22,600.00 $ 67,800.00 1-051 NEMA TYPE CONTROLLER FOUNDATION EA 3.00 $ 3,600.00 $ 10,800.00 1-052 CONTROLLER ECONOLITE COBALT EA 3.00 $ 5,400.00 $ 16,200.00 1-053 MMU2-16LEIP WITH ETHERNET PORT EA 3.00 $ 2,900.00 $ 8,700.00 CISCO ETHERNET 4000 SWITCH(IE4000-8GT8GP4G-E)AND POWER SUPPLY 3.00 $ 15,800.00 1-054 PWR-IE170W-PC-AC= EA 1 $ 47,400.00 FURNISH AND INSTALL SCHOOL ZONE FLASHER BEACON ASSEMBLY(SOLAR 3.00 $ 13,600.00 POWERED)W16 LF DRILLED SHAFT FOUNDATION AND 5 YEARS CELLULAR COMMUNICATIONS AND SUPPORT PACKAGE,GLANCE 1-055 SOFTWARE AND CONFIGURATION EA $ 40,800.00 1-056 TEMPORARY TRAFFIC SIGNALS EA 3.00 $ 34,100.00 $ 102,300.00 1-057 ALLOWANCE FOR UNANTICIPATED TRAFFIC SIGNAL IMPROVEMENTS AL 1.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART C-TRAFFIC SIGNAL IMPROVEMENTS(Items 1-C1 thru 1-057) $ 1,485,946.45 Page 4 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Bay Ltd. Reytec Construction PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1414 Valero Way 1901 Hollister Street (Chamberlain to Texan Trail)Bond 2020 BASE BID 1 HMAC Corpus Christi,Texas 78409 Houston,Texas 77080 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part D-RTA IMPROVEMENTS 1-D1 MOBILIZATION MAX.5%OF PART D AL 1.00 $ 8,400.00 $ 8,400.00 1-D2 CONCRETE BUS SHELTER PAD SF 5,088.00 $ 37.00 $ 188,256.00 1-D3 CONCRETE BUS PAD IN STREET SY 867.00 $ 310.00 $ 268,770.00 1-D4 JALLOWANCE FOR UNANTICIPATED RTA IMPROVEMENTS AL 1.00 $ 3,000.00 $ 3,000.00 SUBTOTAL PART D-RTA IMPROVEMENTS(Items 1-01 thru 1-134) $ 468,426.00 PartE-ADA IMPROVEMENTS 1-E1 MOBILIZATION MAX.5%OF PARTE AL 1.00 $ 8,400.00 $ 8,400.00 1-E2 CONCRETE SIDEWALK SF 42,337.00 $ 8.30 $ 351,397.10 1-E3 REMOVING CONC SIDEWALK SF 47,120.00 $ 2.50 $ 117,800.00 1-E4 SIDEWALK RETAINING CURB LF 329.00 $ 51.00 $ 16,779.00 1-E5 CONCRETE CURB RAMPS SF 5,929.00 $ 33.00 $ 195,657.00 1-E6 REFL.PAVEMENT MARKING TYPE 1 W 24" SOLID -CROSSWALK LF 0.00 $ $ 1-E7 RAISED CURB LF 45.00 $ 98.00 $ 4,410.00 1-E8 ALLOWANCE FOR UNANTICIPATED ADA IMPROVEMENTS AL 1.00 $ 2,500.00 $ 2,500.00 SUBTOTAL PART E-ADA IMPROVEMENTS(Items 1-E1 thru 1-E8) $ 696,943.10 Part F-STORM WATER IMPROVEMENTS 1-F1 MOBILIZATION MAX.5%OF PART F AL 1.00 $ 45,000.00 $ 45,000.00 1-F2 REMOVE EXISTING INLET OR MANHOLE EA 64.00 $ 3,500.00 $ 224,000.00 1-F3 4'DIAMETER CONCRETE MANHOLE(TYPE-A CAST IN PLACE EA 8.00 $ 19,100.00 $ 152,800.00 1-F4 &DIAMETER CONCRETE MANHOLE(TYPE-A CAST IN PLACE EA 5.00 $ 19,800.00 $ 99,000.00 1-F5 &DIAMETER CONCRETE MANHOLE(TYPE-A CAST IN PLACE EA 15.00 $ 25,100.00 $ 376,500.00 1-F6 &DIAMETER CONCRETE MANHOLE(TYPE-A CAST IN PLACE EA 1.00 $ 37,300.00 $ 37,300.00 1-F7 10'DIAMETER CONCRETE MANHOLE(TYPE-D CAST IN PLACE EA 2.00 $ 38,900.00 $ 77,800.00 1-F8 REMOVE EXISTING REINFORCED CONCRETE PIPE 15"-36" LF 6,630.00 $ 90.00 $ 596,700.00 1-F9 CONCRETE CURB&GUTTER LF 10,905.00 $ 35.00 $ 381,675.00 1-F10 VALLEY GUTTER SY 98.00 $ 290.00 $ 28,420.00 1-1`11 REMOVING CONC CURB&GUTTER LF 10,905.00 $ 7.90 $ 86,149.50 1-F12 16-CON RETE CURB INLET CAST IN PLACE EA 1 39.00 1 $ 12,100.00 $ 471,900.00 1-F13 6'CONRETE GRATE INLET EA 2.00 $ 5,200.00 $ 10,400.00 Page 5 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Bay Ltd. Reytec Construction PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1414 Valero Way 1901 Hollister Street (Chamberlain to Texan Trail)Bond 2020 BASE BID 1 HMAC Corpus Christi,Texas 78409 Houston,Texas 77080 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-F14 6'CONCRETE CURB INLET THROAT EXTENSION EA 26.00 $ 1,800.00 $ 46,800.00 1-F15 REMOVE AND REPLACE EXISTING 5'CURB INLET TOP CAST IN PLACE EA 11.00 $ 6,000.00 $ 66,000.00 1-F16 18"DIAMETER REINFORCED CONCRETE PIPE CLASS III LF 1,182.00 $ 360.00 $ 425,520.00 1-F17 24"DIAMETER REINFORCED CONCRETE PIPE CLASS III LF 615.00 $ 400.00 $ 246,000.00 1-F18 27"REINFORCED CONCRETE PIPE CLASS III LF 22.00 $ 370.00 $ 8,140.00 1-F19 30"DIAMETER REINFORCED CONCRETE PIPE CLASS III LF 0.00 $ $ 1-F20 36"DIAMETER REINFORCED CONCRETE PIPE CLASS III LF 636.00 $ 480.00 $ 305,280.00 1-F21 42"DIAMETER REINFORCED CONCRETE PIPE CLASS III LF 591.00 $ 530.00 $ 313,230.00 1-F22 48"DIAMETER REINFORCED CONCRETE PIPE CLASS III LF 2,373.00 $ 790.00 $ 1,874,670.00 1-F23 TX T REINFORCED CONCRETE BOX CULVERT CLASS III LF 29.00 $ 1,600.00 $ 46,400.00 1-F24 TRENCH SAFETY STORM WATER INLETS OR MANHOLES EA 105.00 $ 1,200.00 $ 126,000.00 1-F25 TRENCH SAFETY STORM WATER LINE LF 5,448.00 $ 5.00 $ 27,240.00 1-F26 SPECIAL TRENCH SHORING 15'TO 20'DEPTH LF 1,775.00 $ 21.00 $ 37,275.00 1-F27 CONNECT TO EXIST PIPE EA 7.00 $ 4,700.00 $ 32,900.00 1-F28 CONCRETE CURB LF 233.00 $ 30.00 $ 6,990.00 1-F29 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS AL 1.00 $ 25,000.00 1 $ 25,000.00 SUBTOTAL PART F-STORM WATER IMPROVEMENTS(Items 1-F1 thru 1-F29) $ 6,175,089.50 PART G-WATER IMPROVEMENTS 1-G1 MOBILIZATION MAX.5%OF PART G AL 1.00 $ 30,000.00 $ 30,000.00 1-G2 12"PVC C900 WATERLINE LF 60.00 $ 230.00 $ 13,800.00 1-G3 12"DI WATERLINE LF 62.00 $ 260.00 $ 16,120.00 1-G4 8"PVC C900 WATERLINE LF 1,160.00 $ 190.00 $ 220,400.00 1-G5 8"DI WATERLINE LF 629.00 $ 240.00 $ 150,960.00 1-G6 6"DI WATERLINE LF 2.00 $ 1,800.00 $ 3,600.00 1-G7 6"CAP EA 11.00 $ 510.00 $ 5,610.00 1-G8 8"CAP EA 1.00 $ 590.00 $ 590.00 1-G9 12"CAP EA 1 4.00 $ 800.00 $ 3,200.00 1-G10 8"45'DIMJ BEND EA 75.00 $ 780.00 $ 58,500.00 1-G11 12"450 DIMJ BEND EA 12.00 $ 1,200.00 $ 14,400.00 1-G12 6"900 DIMJ BEND EA 1.00 $ 680.00 $ 680.00 1-G13 8"900 DIMJ BEND EA 1.00 $ 830.00 $ 830.00 1-G14 8"X 8"DIMJ CROSS RESTRAINED EA 1.00 $ 1,200.00 $ 1,200.00 1-G15 12"X 12"DIMJ CROSS RESTRAINED EA 1.00 $ 2,400.00 $ 2,400.00 Page 6 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Bay Ltd. Reytec Construction PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1414 Valero Way 1901 Hollister Street (Chamberlain to Texan Trail)Bond 2020 BASE BID 1 HMAC Corpus Christi,Texas 78409 Houston,Texas 77080 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-G16 8"X 4"REDUCER,DUCTILE IRON EA 3.00 $ 680.00 $ 2,040.00 1-G17 8"X 6"REDUCER,DUCTILE IRON EA 6.00 $ 700.00 $ 4,200.00 1-G18 8"X 8"DI MJ TEE EA 3.00 $ 1,100.00 $ 3,300.00 1-G19 12"X 8"TAPPING SLEEVE AND VALVE EA 12.00 $ 9,300.00 $ 111,600.00 1-G20 12"X 12"TAPPING SLEEVE AND VALVE EA 2.00 $ 12,400.00 $ 24,800.00 1-G21 I NEW FIRE HY DRANT ASS EM B LY(TYPE 1 EA 30.00 $ 14,300.00 $ 429,000.00 1-G22 CONNECTION TO EXISTING WATERLINE 1 EA 28.00 $ 6,400.00 $ 179,200.00 1-G23 WATER SERVICE LINE EA 1.00 $ 7,300.00 $ 7,300.00 1-G24 ITRENCH SAFETY FOR WATER LINES LF 1,914.00 $ 4.30 $ 8,230.20 1-G25 JALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS AL 1.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART G-WATER IMPROVEMENTS(Items 1-G7 thru 1-625) $ 1,316,960.20 PART H-WASTEWATER IMPROVEMENTS 1-H1 MOBILIZATION MAX.5%OF PART H AL 1.00 $ 79,600.00 $ 79,600.00 1-H2 REMOVE EXISTING 15"VCP WASTEWATER LINE LF 334.00 $ 51.00 $ 17,034.00 1-H3 4'DIAMETER WASTEWATER MANHOLE 6'DEPTH OR LESS FIBERGLASS EA 16.00 $ 20,600.00 $ 329,600.00 EXTRA DEPTH FOR 4'DIAMETER WASTEWATER MANHOLE(OVER 6'DEPTH) 63.00 $ 1,200.00 1-H4 FIBERGLASS VF $ 75,600.00 1-H5 ADJUST EXISTING WASTEWATER MANHOLE RIM TO GRADE EA 5.00 $ 4,600.00 $ 23,000.00 1-H6 8"SDR 26 PVC WASTEWATER MAIN T-9'DEPTH LF 120.00 $ 270.00 $ 32,400.00 1-H7 15"SDR 26 PVC WASTEWATER MAIN T-9'DEPTH LF 1,085.00 $ 400.00 $ 434,000.00 1-H8 18"SDR 26 PVC WASTEWATER MAIN T-9'DEPTH LF 298.00 $ 410.00 $ 122,180.00 1-H9 18"SDR 26 PVC WASTEWATER MAIN 9'-12'DEPTH LF 1,397.00 $ 450.00 $ 628,650.00 1-H10 TEMPORARY BY-PASS PUMPING LS 1.00 $ 66,200.00 $ 66,200.00 1-H11 GROUT FILL 8"VCP WASTEWATER LINE LF 874.00 $ 33.00 $ 28,842.00 1-H12 GROUT FILL 15"VCP WASTEWATER LINE LF 2,302.00 $ 38.00 $ 87,476.00 1-H13 PAVEMENT REPAIR SY 471.00 $ 150.00 $ 70,650.00 1-H14 REMOVE EXISTING WASTEWATER MANHOLE EA 9.00 $ 4,600.00 $ 41,400.00 1-H15 TRENCH SAFETY WASTEWATER MANHOLES EA 20.00 $ 1,100.00 $ 22,000.00 1-H16 TRENCH SAFETY FOR WASTEWATER MAIN LF 2,900.00 $ 9.90 $ 28,710.00 1-H17 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS AL 1.00 $ 10,000.00 1$ 10,000.00 SUBTOTAL PART H-WASTEWATER IMPROVEMENTS(Items 1-H1 thru 1-1-117) $ 2,097,342.00 PARTI-GASIMPROVEMENTS Page 7 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Bay Ltd. Reytec Construction PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1414 Valero Way 1901 Hollister Street (Chamberlain to Texan Trail)Bond 2020 BASE BID 1 HMAC Corpus Christi,Texas 78409 Houston,Texas 77080 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1-11 MOBILIZATION(MAX.5%OF PART 1) AL 1.00 $ 4,200.00 $ 4,200.00 1-12 EXCAVATION,BACKFILL,AND COMPACTION OF GAS LINES LF 5,138.00 $ 50.00 $ 256,900.00 1-13 ADJUST EXISTING GAS VALVE BOX TO FINISHED GRADE EA 19.00 $ 1,500.00 $ 28,500.00 1-14 ALLOWANCE FOR UNANTICIPATED GAS IMPROVEMENTS AL 1.00 $ 1,000.00 $ 1,000.00 SUBTOTAL PART I-GAS IMPROVEMENTS(Items 1-11 thru 1-14) $ 290,600.00 PARTJ-I.T.IMPROVEMENTS 1-J1 MOBILIZATION(MAX.5%OF PART J) AL 1.00 $ 4,700.00 $ 4.700.00 1-J2 2"PVC SCHEDULE 40 I.T.CONDUIT WITH PULL STRING AND MULE TAPE LF 5,152.00 $ 16.75 $ 86.296.00 1-J3 24"X36"X18"I.T.PULL BOX(INSTALLATION ONLY) EA 3.00 $ 2,900.00 $ 8.700.00 1-J4 ALLOWANCE FOR UNANTICIPATED I.T.IMPROVEMENTS AL 1.00 $ 1,000.00 $ 1.000.00 SUBTOTAL PARTJ-I.T.IMPROVEMENTS(Items 1-11 thru 1-.14) $ 100,696.00 TOTAL BASE BID 1 HMAC $ 21,723,962.48 Page 8 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Reytec Construction Resources,Inc. Bay Ltd. PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1901 Hollister Street 1414 Valero Way BASE BID 2 CONCRETE Houston,Texas 77080 Corpus Christi,Texas 78409 ITEM I DESCRIPTION UNIT I CITY UNITPRICE AMOUNT UNITPRICE AMOUNT Part A-GENERAL 2-A1 MOBILIZATION(MAX.5%OF PART A) AL 1.00 $ 60,000.00 $ 60,000.00 $ 30,000.00 $ 30,000.00 2-A2 BONDS AND INSURANCE(AS REQUIRED) AL 1.00 $ 204,000.00 $ 204,000.00 $ 122,200.00 $ 122,200.00 2-A3 CLEAR RIGHT-OF-WAY AC 1.30 $ 30,000.00 $ 39,000.00 $ 57,000.00 $ 74,100.00 2-A4 PORT CTB(FUR&INST)(LOW PROF)(TY 1) LF 1,480.00 $ 44.00 $ 65,120.00 $ 19.50 $ 28,860.00 2-A5 PORT CTB(FUR&INST)(LOW PROF)(TY 2) LF 840.00 $ 41.00 $ 34,440.00 $ 18.00 $ 15,120.00 2-A6 PORT CTB(MOVE)(LOW PROF)(TY 1) LF 3,180.00 $ 4.00 $ 12,720.00 $ 7.40 $ 23,532.00 2-A7 PORT CTB(MOVE)(LOW PROF)(TY 2) LF 2,000.00 $ 4.00 $ 8,000.00 $ 8.30 $ 16,600.00 2-A8 PORT CTB(REMOVE)(LOW PROF)(TY 1) LF 1,480.00 $ 9.00 $ 13,320.00 $ 18.75 $ 27,750.00 2-A9 PORT CTB(REMOVE)(LOW PROF)(TY 2) LF 1 840.00 $ 9.00 $ 7,560.00 $ 16.50 $ 13,860.00 2-A10 WK ZN PAV MARK(REMOVE) LF 31,281.00 $ 0.60 $ 18,768.60 $ 0.80 $ 25,024.80 2-A11 WK ZN PAV MARK(NON-REMOVE) LF 15,718.00 $ 0.42 $ 6,601.56 $ 0.50 $ 7,8597- 2-Al2 TCP MOBILIZATION/ADJUSTMENTS LS 1.00 $ 35,000.00 $ 35,000.00 $ 51,127.52 $ 51,127.52 2-A13 TCP ITEMS(BARRELS,CONES,SIGNS,ETC.) MONTH 29.00 $ 6,000.00 $ 174,000.00 $ 9,000.00 $ 261,000.00 2-A14 TCP-ELECTRIC MESSAGE BOARDS EA 6.00 $ 21,600.00 $ 129,600.00 $ 21,700.00 $ 130,200.00 2-A15 TCP-CROSSING GUARDS DAY 380.00 $ 275.00 $ 104,500.00 $ 600.00 $ 228,000.00 2-A16 TCP-POLICE OFFICER DAY 6.00 $ 525.00 $ 3,150.00 $ 2,000.00 $ 12,000.00 2-A17 BLOCK SODDING SY 10,433.00 $ 8.00 $ 83,464.00 $ 12.25 $ 127,804.25 2-A18 SILT FENCE FOR STORM WATER POLLUTION LF 3,596.00 $ 4.50 $ 16,182.00 $ 17.00 $ 61,132.00 2-A19 STORM WATER POLLUTION PREVENTION PLAN LS 1.00 $ 33,000.00 $ 33,000.00 $ 1,300.00 $ 1,300.00 2-A20 JALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS AL 1.00 $ 80,000.00 $ 80,000.00 $ 80.000.00 $ 80,000.00 SUBTOTAL PARTA-GENERAL(Rems 2-Al thru2-A20) $ 1,128,426.16 $ 1,337,469.57 Part B-STREET IMPROVEMENTS 2-B1 MOBILIZATION(MAX.5%OF PART B) AL 1.00 $ 250,000.00 $ 250,000.00 $ 70,000.00 $ 70,000.00 2-B2 STREET EXCAVATION SY 41,977.00 $ 11.50 $ 482,735.50 $ 13.00 $ 545,701.00 2-B3 EMBANKMENT SY 1,212.00 $ 11.00 $ 13,332.00 $ 25.00 $ 30,300.00 2-B4 JOINTED PLAIN CONCRETE PAVEMENT(8 IN) SY 40,265.00 $ 91.00 $ 3,664,115.00 $ 92.00 $ 3,704,380.00 2-B5 T'CRUSHED LIMESTONE BASE (TY A,GR.1-2) SY 41,655.00 $ 21.00 $ 874,755.00 $ 27.00 $ 1,124,685.00 2-B6 LIME TON 0.00 $ $ $ $ 2-B7 12"LIME STABILIZED SUBGRADE SY 41,655.00 $ 13.00 $ 541,515 00 $ 30.00 $ 1,249,650.00 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT 12.00 $ 340.00 $ 430.00 2-B8 MARKING TYPE 1(W)(WORD) EA $ 4,080.00 $ 5,160.00 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT 37.00 $ 247.00 $ 300.00 2-B9 MARKING TYPE 1(W)(ARROW) EA $ 9,139.00 $ 11,100.00 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT 2.00 $ 440.00 $ 560.00 2-B10 MARKING TYPE 1(W)(DBL ARROW) EA $ 880.00 $ 1,120.00 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC PAVEMENT 2.00 $ 540.00 $ 690.00 2-B11 MARKING TYPE 1(W)(LNDP ARROW) EA $ 1,080.00 $ 1,380.00 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC REFL.PAVEMENT 120.00 $ 8.00 $ 10.50 11 2-B12 IMARKING TYPE 1(W)(12")(SLD)(090 MIL) LF I I I $ 960.001 1 $ 1,260.00 Page 9 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Reytec Construction Resources,Inc. Bay Ltd. PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1901 Hollister Street 1414 Valero Way BASE BID 2 CONCRETE Houston,Texas 77080 Corpus Christi,Texas 78409 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC REFL.PAVEMENT 2,567.00 $ 22.00 $ 28.00 2-B13 MARKING TYPE 1(W)(24") LF $ 56,474.00 $ 71,876.00 TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC ACCESSIBLE 1.00 $ 270.00 $ 350.00 2-B14 PARKING BLUE&WHITE W/BORDER SMALL EA $ 270.00 $ 350.00 2-B15 REFL.PAVEMENT MARKING TYPE 1(W)(8")(SLD)(090 MIL) LF 720.00 $ 1.15 $ 828.00 $ 1.45 $ 1,044.00 2-B16 REFL.PAVEMENT MARKING TYPE 1(W)(4")(BRK)(090 MIL) LF 3,020.00 $ 0.60 $ 1,812.00 $ 0.75 $ 2,265.00 2-B17 REFL.PAVEMENT MARKING TYPE 1(W)(4")(SLD)(090 MIL) LF 1,326.00 $ 0.60 $ 795.60 $ 0.75 $ 994.50 2-B18 REFL PAVEMENT MARKING TYPE 1(W)(4")(DOT)(090 MIL) LF 46.00 $ 0.60 $ 27.60 $ 0.75 $ 34.50 2-B19 REFL PAVEMENT MARKING TYPE 1(Y)(4")(DOT)(090 MIL) LF 24.00 $ 0.55 $ 13.20 $ 0.70 $ 16.80 2-B20 REFL.PAVEMENT MARKINGS TY I(Y)4"(BRK)(090 MIL) LF 1,800.00 $ 0.55 $ 990.00 $ 0.70 $ 1,260.00 2-B21 REFL.PAVEMENT MARKING TYPE I(Y)(4")(SLD)(090 MIL) LF 9,933.00 $ 0.55 $ 5,463.15 $ 0.70 $ 6,953.10 2-B22 PAVEMENT SEALER 4" LF 16,149.00 $ 0.15 $ 2,422.35 $ 6.70 $ 108,198.30 2-B23 PAVEMENT SEALER 8" LF 720.00 $ 0.32 $ 230.40 $ 6.70 $ 4,824.00 2-B24 PAVEMENT SEALER 12" LF 120.00 $ 0.50 $ 60.00 $ 6.70 $ 804.00 2-B25 PAVEMENT SEALER 24" LF 2,567.00 $ 1.00 $ 2,567.00 $ 0.19 $ 487.73 2-B26 TY I-C RAISED PAVEMENT MARKER(REFLECTORIZED) EA 182.00 $ 5.20 $ 946.40 $ 0.40 $ 72.80 2-B27 TY-II-A-A RAISED PAVEMENT MARKER(REFLECTORIZED) EA 296.00 $ 5.20 $ 1,539.20 $ 0.60 $ 177.60 2-B28 TY-II-B-B RAISED PAVEMENT MARKER(REFLECTORIZED) EA 7.00 $ 5.20 $ 36.40 $ 1.20 $ 8.40 2-B29 REMOVE SM RD SN SUP&AM EA 108.00 $ 52.00 $ 5,616.00 $ 67.00 $ 7,236.00 2-B30 IN SM RD SN SUP&AM TY 10BWG(1)SA(P) EA 82.00 $ 718.00 $ 58,876.00 $ 920.00 $ 75,440.00 2-B31 IN SM RD SN SUP&AM TY 10BWG(1)SA(P-BM) EA 20.00 $ 858.00 $ 17,160.00 $ 1,100.00 $ 22,000.00 2-B32 CONCRETE DRIVEWAY SY 2,950.00 $ 103.00 $ 303,850.00 $ 180.00 $ 531,000.00 2-B33 REMOVING CONC(DRIVEWAY) SY 3,008.00 $ 7.00 $ 21,056.00 $ 50.00 $ 150,400.00 2-B34 JOINTED PLAIN CONCRETE PAVEMENT(6 IN)(PARKING LOT) SY322.00 $ 110.00 $ 35,420.00 $ 160.00 $ 51,520.00 2-1335 4 CRUSHED LIMESTONE BASE(TY A,GR.1-2) SY 322.00 $ 13.00 $ 4,186.00 $ 57.00 $ 18,354.00 2-1336 8"LIME STABILIZED SUBGRADE ISY 1 322.00 $ 20.00 $ 6,440.00 $ 60.00 $ 19,320.00 2-1337 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS JAL I 1.00 $ 25 000.00 $ 25,000.00 $ 25,000.00 $ 25.000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items 2-131 thru 2-1337) $ 6,394,670.80 $ 7,844,372.73 Part C-TRAFFIC SIGNAL IMPROVEMENTS 2-C1 MOBILIZATION(MAX.5%OF PART C) AL 1.00 $ 64,000.00 $ 64,000.00 $ 60,800.00 $ 60.800.00 2-C2 DRILL SHAFT(TRF SIG POLE)(24 IN) LF 144.00 $ 270.00 $ 38,880.00 $ 180.00 $ 25,920.00 2-C3 DRILL SHAFT(TRF SIG POLE)(36 IN) LF 270.00 $ 432.00 $ 116,640.00 $ 410.00 $ 110,700.00 2-C4 CONDT(PVC)(SCHD 40)(2") LF 865.00 $ 20.00 $ 17,300.00 $ 16.75 $ 14,488.75 2-05 CONDT(PVC)(SCHD 40)(4") LF 695.00 $ 34.00 $ 23,630.00 $ 36.00 $ 25,020.00 2-C6 CONDT(PVC)(SCHD 40)(2")(BORE) LF 675.00 $ 37.00 $ 24,975.00 $ 41.00 $ 27,675.00 2-C7 CONDT(PVC)(SCHD 40)(4")(BORE) LF 750.00 $ 54.00 $ 40,500.00 $ 63.00 $ 47,250.00 2-C8 2 CONDR(NO.12)WITH GROUND(LUMINAIRE WIRE) LF 415.00 $ 1.40 $ 581.00 $ 1.90 $ 788.50 2-C9 ELEC CONDR(NO.6)BARE LF 40.00 $ 2.00 $ 80.00 $ 2.70 $ 108.00 Page 10 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Reytec Construction Resources,Inc. Bay Ltd. PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1901 Hollister Street 1414 Valero Way BASE BID 2 CONCRETE Houston,Texas 77080 Corpus Christi,Texas 78409 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT 2-C10 ELEC CONDR(NO.6)INSULATED LF 80.00 $ 2.10 $ 168.00 $ 2.80 $ 224.00 2-C11 ELEC CONDR(NO.8)BARE LF 2,880.00 $ 1.50 $ 4,320.00 $ 2.00 $ 5,760.00 2-C12 TRAY CABLE(3 CONDR)(12 AWG) LF 2,830.00 $ 2.10 $ 5,943.00 $ 2.80 $ 7,924.00 2-C13 TRAY CABLE(3 CONDR)(14 AWG) LF 1,200.00 $ 2.00 $ 2,400.00 $ 2.70 $ 3,240.00 2-C14 GROUND BOX TY D WITH APRON EA 24.00 $ 1,400.00 $ 33,600.00 $ 1,900.00 $ 45,600.00 2-C15 INSTALL HWY TRF SIG(ISOLATED) EA 3.00 $ 3,650.00 $ 10,950.00 $ 7,700.00 $ 23,100.00 2-C16 ELC SRV TY D 120/240 060(NS)SS(E)PS(U) EA 3.00 $ 6,860.00 $ 20,580.00 $ 9,200.00 $ 27,600.00 2-C17 ILSN(LED)8S(DURALIGHT)(FIXED MOUNT) EA 14.00 $ 3,430.00 $ 48,020.00 $ 4,600.00 $ 64,400.00 2-C18 REMOVING TRAFFIC SIGNALS EA 3.00 $ 2,200.00 $ 6,600.00 $ 2,900.00 $ 8,700.00 2-C19 LOUVERED VACUUM FORMED ABS BACK PLATE(12")(3 SEC) EA 26.00 $ 120.00 $ 3,120.00 $ 160.00 $ 4,160.00 2-C20 LOUVERED VACUUM FORMED ABS BACK PLATE(12")(4 SEC) EA 7.00 $ 138.00 $ 966.00 $ 180.00 $ 1,260.00 2-C21 LOUVERED VACUUM FORMED ABS BACK PLATE(12")(5 SEC) EA 2.00 $ 157.00 $ 314.00 $ 210.00 $ 420.00 2-C22 DURALIGHT COUNTDOWN PEDESTRIAN SIGNAL MODULE(16 INCH) EA 28.00 $ 592.00 $ 16,576.00 $ 800.00 $ 22,400.00 2-C23 TRF SIG CBL(TY A)(14 AWG)(4 CONDR) LF 1,646.00 $ 2.00 $ 3,292.00 $ 2.70 $ 4,444.20 2-C24 TRF SIG CBL(TY A)(14 AWG)(5 CONDR) LF 1,130.00 $ 2.10 $ 2,373.00 $ 2.80 $ 3,164.00 2-C25 TRF SIG CBL(TY A)(14 AWG)(7 CONDR) LF 202.00 $ 2.25 $ 454.50 $ 3.00 $ 606.00 2-C26 TRF SIG CBL(TY A)(14 AWG)(16 CONDR) LF 1,895.00 $ 4.50 $ 8,527.50 $ 6.00 $ 11,370.00 2-C27 INS TRF SIG PL AM(S)1 ARM(32')ILSN EA 2.00 $ 14,300.00 $ 28,600.00 $ 19,100.00 $ 38,200.00 2-C28 INS TRF SIG PL AM(S)1 ARM(32')LUM&ILSN EA 2.00 $ 15,000.00 $ 30,000.00 $ 20,200.00 $ 40,400.00 2-C29 INS TRF SIG PL AM(S)1 ARM(36')ILSN EA 2.00 $ 14,800.00 $ 29,600.00 $ 19,800.00 $ 39,600.00 2-C30 INS TRF SIG PL AM(S)1 ARM(36')LUM&ILSN EA 3.00 $ 15,700.00 $ 47,100.00 $ 21,100.00 $ 63,300.00 2-C31 INS TRF SIG PL AM(S)1 ARM(40')ILSN EA 3.00 $ 16,900.00 $ 50,700.00 $ 21,200.00 $ 63,600.00 2-C32 INS TRF SIG PL AM(S)1 ARM(40')LUM&ILSN EA 1.00 $ 17,600.00 $ 17,600.00 $ 22,700.00 $ 22,700.00 2-C33 INS TRF SIG PL AM(S)1 ARM(44')ILSN EA 1.00 $ 936.00 $ 936.00 $ 23,600.00 $ 23,600.00 2-C34 PED POLE ASSEMBLY EA 18.00 $ 894.00 $ 16,092.00 $ 1,300.00 $ 23,400.00 2-C35 POLARA AEP TOUCHLESS PUSH BUTTON(APS)W/R10-3E CUSTOM SIGN EA 28.00 $ 4,350.00 $ 121,800.00 $ 1,200.00 $ 33,600.00 2-C36 PED DETECTOR CONTROLLER UNIT EA 3.00 $ 280.00 $ 840.00 $ 5,800.00 $ 17,400.00 2-C37 LED TRAFFIC SIGNAL MODULE-VEH SIG SEC(12")LED(GRN) EA 28.00 $ 280.00 $ 7,840.00 $ 430.00 $ 12,040.00 2-C38 LED TRAFFIC SIGNAL MODULE-VEH SIG SEC(12")LED(GRN ARW) EA 9.00 $ 280.00 $ 2,520.00 $ 430.00 $ 3,870.00 2-C39 LED TRAFFIC SIGNAL MODULE-VEH SIG SEC(12")LED(YEL) EA 28.00 $ 280.00 $ 7,840.00 $ 430.00 $ 12,040.00 2-C40 LED TRAFFIC SIGNAL MODULE-VEH SIG SEC(12")LED(YEL ARW) EA 16.00 $ 280.00 $ 4,480.00 $ 430.00 $ 6,880.00 2-C41 LED TRAFFIC SIGNAL MODULE-VEH SIG SEC(12")LED(RED) EA 28.00 $ 280.00 $ 7,840.00 $ 430.00 $ 12,040.00 2-C42 LED TRAFFIC SIGNAL MODULE-VEH SIG SEC(12")LED(RED ARW) EA 7.00 $ 280.00 $ 1,960.00 $ 430.00 $ 3,010.00 2-C43 ALPHA XFM 1100 UNINTERRUPTIBLE POWER SUPPLY WITH CABINET EA 3.00 $ 8,660.00 $ 25,980.00 $ 11,600.00 $ 34,800.00 2-C44 RADAR PRESENCE DETECTOR(WAVETRONIX) EA 12.00 $ 6,615.00 $ 79,380.00 $ 8,900.00 $ 106,800.00 2-C45 RADAR PRESENCE DETECTOR COMM&POWER CABLE(SMARTSENSOR 6/C) LF 1,777.00 $ 3.00 $ 5,331.00 $ 4.10 $ 7,285.70 2-C46 AXIS PTZ CAMERA WITH POLE MOUNTING BRACKET EA 4.00 $ 7,870.00 $ 31,480.00 $ 10,600.00 $ 42,400.00 2-C47 ETHERNET CABLE CAT5E FOR PTZ CAMERA LF 495.00 $ 1.35 $ 668.25 $ 1.80 $ 891.00 2-C48 WAVETRONIX CLICK 656 CABINET INTERFACE DEVICE EA 3.00 $ 2,640.00 $ 7,920.00 $ 3,500.00 $ 10,500.00 2-C49 VALMONT MITIGATOR MAST ARM DAMPING PLATE EA 5.00 $ 645.00 $ 3,225.00 $ 870.00 $ 4,350.00 2-050 CONTROLLER CABINET(TS-2)WITH EXTENSION EA 3.00 $ 16,900.00 $ 50,700.00 $ 22,600.00 $ 67,800.00 2-051 NEMA TYPE CONTROLLER FOUNDATION EA 3.00 $ 2,693.00 $ 8,079.00 $ 3,600.00 $ 10,800.00 Page 11 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Reytec Construction Resources,Inc. Bay Ltd. PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1901 Hollister Street 1414 Valero Way BASE BID 2 CONCRETE Houston,Texas 77080 Corpus Christi,Texas 78409 ITEM DESCRIPTION UNIT CITY UNITPRICE AMOUNT UNITPRICE AMOUNT 2-052 CONTROLLER ECONOLITE COBALT EA 3.00 $ 4,000.00 $ 12,000.00 $ 5,400.00 $ 16,200.00 2-053 MMU2-16LEIP WITH ETHERNET PORT EA 3.00 $ 2,144.00 $ 6,432.00 $ 2,900.00 $ 8,700.00 CISCO ETHERNET 4000 SWITCH(IE4000-8GT8GP4G-E)AND POWER SUPPLY 3.00 $ 11,775.00 $ 15,800.00 2-054 (PWR-IE170W-PC-AC=) EA $ 35,325.00 $ 47,400.00 FURNISH AND INSTALL SCHOOL ZONE FLASHER BEACON ASSEMBLY(SOLAR 3.00 $ 11,700.00 $ 13,700.00 POWERED)W/6 LF DRILLED SHAFT FOUNDATION AND 5 YEARS CELLULAR COMMUNICATIONS AND SUPPORT PACKAGE,GLANCE 2-055 SOFTWARE AND CONFIGURATION EA $ 35,100.00 1 $ 41.100.00 2-056 TEMPORARY TRAFFIC SIGNALS EA 3.00 $ 43,000.00 $ 129,000.00 S 34,200.00 $ 102.600.00 2-057 ALLOWANCE FOR UNANTICIPATED TRAFFIC SIGNAL IMPROVEMENTS JAL I 1.00 $ 25 000.00 $ 25,000.00 S 25,000.00 $ 25.000.00 SUBTOTAL PART C-TRAFFIC SIGNAL IMPROVEMENTS(Items 2-C1 thru 2-057) $ 1,326,158.25 $ 1,489,429.15 Part D-RTA IMPROVEMENTS 2-D1 I MOBILIZATION(MAX.5%OF PART D) IAL 1 1 00 $ 3,000.00 $ 3,000.00 $ 6.800.00 $ 6.800.00 2-D2 CONCRETE BUS SHELTER PAD SF 5.088.00 $ 11.00 $ 55,968.00 $ 37.00 $ 188.256.00 2-D3 JALLOWANCE FOR UNANTICIPATED RTA IMPROVEMENTS JAL 1 1.00 $ 3,000.00 1$ 3,000.00 $ 3.000.00 $ 3,000.00 SUBTOTAL PART D-RTA IMPROVEMENTS(Items 2-131 thru 2-133) $ 61,968.00 $ 198,056.00 Part E-ADA IMPROVEMENTS 2-E1 MOBILIZATION(MAX.5%OF PART E) AL 1.00 $ 20,000.00 $ 20,000.00 $ 6,800.00 $ 6,800.00 2-E2 CONCRETE SIDEWALK SF 42,337.00 $ 8.00 $ 338,696.00 $ 8.30 $ 351,397.10 2-E3 REMOVING CONC(SIDEWALK) SF 47,120.00 $ 0.60 $ 28,272.00 $ 2.50 $ 117,800.00 2-E4 SIDEWALK RETAINING CURB LF 329.00 $ 60.00 $ 19,740.00 $ 51.00 $ 16,779.00 2-E5 CONCRETE CURB RAMPS SF 5,929.00 $ 22.00 $ 130,438.00 $ 33.00 $ 195,657.00 2-E6 REFL.PAVEMENT MARKING TYPE 1(W)(24")(SOLID)-CROSSWALK LF 0.00 $ 13.00 $ $ $ 2-E7 RAISED CONCRETE CURB LF 45.00 $ 25.00 $ 1,125.00 $ 98.00 $ 4,410.00 2-E8 ALLOWANCE FOR UNANTICIPATED ADA IMPROVEMENTS AL 1.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 SUBTOTAL PART E-ADA IMPROVEMENTS(Items 2-E1 thru 2-E8) $ 540,771.00 $ 695,343.10 Part F-STORM WATER IMPROVEMENTS 2-F1 IMOBILIZA11ON(MAX.5%OF PART F) AL 1.00 $ 130,000.00 $ 130,000.00 S 40,000.00 $ 40,000.00 2-F2 REMOVE EXISTING INLET OR MANHOLE EA 64.00 $ 280.00 $ 17,920.00 $ 3,500.00 $ 224,000.00 2-F3 4'DIAMETER CONCRETE MANHOLE(TYPE-A)(CAST IN PLACE) EA 8.00 $ 7,200.00 1$ 57,600.001$ 19.200.00 1 $ 153,600.00 Page 12 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Reytec Construction Resources,Inc. Bay Ltd. PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1901 Hollister Street 1414 Valero Way BASE BID 2 CONCRETE Houston,Texas 77080 Corpus Christi,Texas 78409 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT 2-F4 5'DIAMETER CONCRETE MANHOLE(TYPE-A)(CAST IN PLACE) EA 5.00 $ 7,800.00 $ 39,000.00 $ 19,900.00 $ 99,500.00 2-F5 6'DIAMETER CONCRETE MANHOLE(TYPE-A)(CAST IN PLACE) EA 15.00 $ 16,200.00 $ 243,000.00 $ 25,200.00 $ 378,000.00 2-F6 &DIAMETER CONCRETE MANHOLE(TYPE-A)(CAST IN PLACE) EA 1.00 $ 15,800.00 $ 15,800.00 $ 34,100.00 $ 34,100.00 2-F7 10'DIAMETER CONCRETE MANHOLE(TYPE-D)(CAST IN PLACE) EA 2.00 $ 28,000.00 $ 56,000.00 $ 39,000.00 $ 78,000.00 2-F8 REMOVE EXISTING REINFORCED CONCRETE PIPE(15"-36") LF 6,630.00 $ 11.00 $ 72,930.00 $ 90.00 $ 596,700.00 2-F9 CONCRETE CURB LF 10,905.00 $ 5.80 $ 63,249.00 $ 13.75 $ 149,943.75 2-F10 REMOVING CONC(CURB&GUTTER) LF 10,905.00 $ 2.20 $ 23,991.00 $ 7.90 $ 86,149.50 2-F11 6'CONCRETE CURB INLET(CAST IN PLACE) EA 39.00 $ 6,780.00 $ 264,420.00 $ 12,100.00 $ 471,900.00 2-F12 6'CONRETE GRATE INLET EA 2.00 $ 5,700.00 $ 11,400.00 $ 5,200.00 $ 10,400.00 2-F13 6'CONCRETE CURB INLET THROAT EXTENSION EA 26.00 $ 2,000.00 $ 52,000.00 $ 1,900.00 $ 49,400.00 2-F14 REMOVE AND REPLACE EXISTING 5'CURB INLET TOP(CAST IN PLACE) EA 11.00 $ 1,700.00 $ 18,700.00 $ 6,100.00 $ 67,100.00 2-F15 18"DIAMETER REINFORCED CONCRETE PIPE(CLASS III) LF 1,182.00 $ 210.00 $ 248,220.00 $ 320.00 $ 378,240.00 2-F16 24"DIAMETER REINFORCED CONCRETE PIPE(CLASS III) LF 615.00 $ 215.00 $ 132,225.00 $ 340.00 $ 209,100.00 2-F17 27"REINFORCED CONCRETE PIPE(CLASS III) LF 22.00 $ 275.00 $ 6,050.00 $ 320.00 $ 7,040.00 2-F18 30"DIAMETER REINFORCED CONCRETE PIPE(CLASS III) LF 0.00 $ $ $ $ 2-F19 36"DIAMETER REINFORCED CONCRETE PIPE(CLASS III) LF 636.00 $ 310.00 $ 197,160 00 $ 420.00 $ 267,120.00 2-F20 42"DIAMETER REINFORCED CONCRETE PIPE(CLASS III) LF 591.00 $ 360.00 $ 212,760.00 $ 460.00 $ 271,860.00 2-F21 48"DIAMETER REINFORCED CONCRETE PIPE(CLASS III) LF 2,373.00 $ 430.00 $ 1,020,390.00 $ 720.00 $ 1,708,560.00 2-F22 TX T REINFORCED CONCRETE BOX CULVERT(CLASS III) LF 29.00 $ 1,430.00 $ 41,470.00 $ 1,600.00 $ 46,400.00 2-F23 TRENCH SAFETY(STORM WATER INLETS OR MANHOLES) EA 105.00 $ 50.00 $ 5,250.00 $ 1,200.00 $ 126,000.00 2-F24 TRENCH SAFETY(STORM WATER LINE) LF 5,448.00 $ 4.00 $ 21,792.00 $ 5.00 $ 27,240.00 2-F25 SPECIAL TRENCH SHORING(15'TO 20'DEPTH) LF 1,775.00 $ 10.00 $ 17,750.00 $ 21.00 $ 37,275.00 2-F26 CONNECT TO EXIST PIPE EA 7.00 $ 670.00 $ 4,690.00 $ 4.700.00 $ 32,900.00 2-F27 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS AL 1.00 $ 25 000.00 $ 25,000.00 $ 25.000.00 $ 25,000.00 SUBTOTAL PART F-STORM WATER IMPROVEMENTS(Items 2-F1 thru 2-F27) $ 2,998,767.00 $ 5,575,528.25 PART G-WATER IMPROVEMENTS 2-G1 MOBILIZATION(MAX.5%OF PART G) AL 1.00 $ 45,000.00 $ 45,000.00 $ 38,300.00 $ 38,300.00 2-G2 12"PVC C900 WATERLINE LF 60.00 $ 240.00 $ 14,400.00 $ 230.00 $ 13,800.00 2-G3 12"DI WATERLINE LF 62.00 $ 230.00 $ 14,260.00 $ 260.00 $ 16,120.00 2-G4 8"PVC C900 WATERLINE LF 1,160.00 $ 176.00 $ 204,160.00 $ 190.00 $ 220,400.00 2-G5 8"DI WATERLINE LF 629.00 $ 180.00 $ 113,220.00 $ 240.00 $ 150,960.00 2-G6 6"DI WATERLINE LF 2.00 $ 682.00 $ 1,364.00 $ 1,800.00 $ 3,600.00 2-G7 6"CAP EA 11.00 $ 1,300.00 $ 14,300.00 $ 510.00 $ 5,610.00 2-G8 8"CAP EA 1.00 $ 1,630.00 $ 1,630.00 $ 590.00 $ 590.00 2-G9 12"CA IEA400 $ 2,600.00 $ 10,400.00 $ 800.00 $ 3,200.00 2-210 8'45°DIMJ BEND EA 75.00 $ 935.00 $ 70,125.00 $ 780.00 $ 58,500.00 2-G11 12"45°DIMJ BEND JEA 1 12.00 1$ 1,470.00 1$ 17,640.00 $ 1,200.00 $ 14,400.00 2-G12 6"90°DIMJ BEND JEA 1 1.00 $ 770.00 1$ 770.00 $ 680.00 $ 680.00 Page 13 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Reytec Construction Resources,Inc. Bay Ltd. PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1901 Hollister Street 1414 Valero Way BASE BID 2 CONCRETE Houston,Texas 77080 Corpus Christi,Texas 78409 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT 2-G13 8"90°DIMJ BEND EA 1.00 $ 990.00 $ 990.00 $ 840.00 $ 840.00 2-G14 8"X 8"DIMJ CROSS RESTRAINED EA 1.00 $ 1,265.00 $ 1,265.00 $ 1,200.00 $ 1,200.00 2-G15 12"X 12"DIMJ CROSS RESTRAINED EA 1.00 $ 4,520.00 $ 4,520.00 $ 2,400.00 $ 2,400.00 2-G16 8"X 4"REDUCER,DUCTILE IRON EA 3.00 $ 640.00 $ 1,920.00 $ 680.00 $ 2,040.00 2-G17 8"X 6"REDUCER,DUCTILE IRON EA 6.00 $ 620.00 $ 3,720.00 $ 700.00 $ 4,200.00 2-G18 8"X 8"DIMJ TEE EA 3.00 $ 1,100.00 $ 3,300.00 $ 1,100.00 $ 3,300.00 2-G19 12"X 8"TAPPING SLEEVE AND VALVE EA 12.00 $ 8,500.00 $ 102,000.00 $ 9,400.00 $ 112,800.00 2-G20 12"X 12"TAPPING SLEEVE AND VALVE EA 2.00 $ 10,600.00 $ 21,200.00 $ 12,500.00 $ 25,000.00 2-G21 NEW FIRE HYDRANT ASSEMBLY(TYPE 1) EA 30.00 $ 14,800.00 $ 444,000.00 $ 13,000.00 $ 390,000.00 2-G22 CONNECTION TO EXISTING WATER LINE EA 28.00 $ 2,560.00 $ 71,680.00 $ 6,500.00 $ 182,000.00 2-G23 WATER SERVICE LINE EA 1.00 $ 2,700.00 $ 2,700.00 $ 7,300.00 $ 7,300.00 2-G24 TRENCH SAFETY FOR WATER LINES LF 1,914.00 $ 2.00 $ 3,828.00 $ 4.30 $ 8,230.20 2-G25 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS AL 1.00 $ 25 000.00 $ 25,000.00 $ 25,000.00 $ 25.000.00 SUBTOTAL PART G-WATER IMPROVEMENTS(Items 2-G1 thru 2-G25) $ 1,193,392.00 $ 1,290,470.20 PARTH-WASTEWATER IMPROVEMENTS 2-H1 MOBILIZATION(MAX.5%OF PART H) AL 1.00 $ 60,000.00 $ 60,000.00 $ 90,000.00 $ 90.000.00 2-H2 REMOVE EXISTING 15"VCP WASTEWATER LINE LF 334.00 $ 35.00 $ 11,690.00 $ 51.00 $ 17,034.00 2-H3 4'DIAMETER WASTEWATER MANHOLE(6'DEPTH OR LESS)(FIBERGLASS) EA 16.00 $ 13,200.00 $ 211,200.00 $ 20,600.00 $ 329,600.00 EXTRA DEPTH FOR 4'DIAMETER WASTEWATER MANHOLE(OVER 6'DEPTH) 63.00 $ 282.00 $ 1,200.00 2-H4 (FIBERGLASS) VF $ 17,766.00 $ 75,600.00 2-H5 ADJUST EXISTING WASTEWATER MANHOLE RIM TO GRADE EA 5.00 $ 3,000.00 $ 15,000.00 $ 4,600.00 $ 23,000.00 2-H6 8"SDR 26 PVC WASTEWATER MAIN(7'-9'DEPTH) LF 120.00 $ 385.00 $ 46,200.00 $ 280.00 $ 33,600.00 2-H7 15"SDR 26 PVC WASTEWATER MAIN(7'-9'DEPTH) LF 1,085.00 $ 221.00 $ 239,785.00 $ 400.00 $ 434,000.00 2-H8 18"SDR 26 PVC WASTEWATER MAIN(7'-9'DEPTH) LF 298.00 $ 304.00 $ 90,592.00 $ 410.00 $ 122,180.00 2-H9 18"SDR 26 PVC WASTEWATER MAIN(9'-12'DEPTH) LF 1,397.00 $ 342.00 $ 477,774.00 $ 450.00 $ 628,650.00 2-H10 TEMPORARY BY-PASS PUMPING LS 1.00 $ 92,000.00 $ 92,000.00 $ 66,400.00 $ 66,400.00 2-H11 GROUT FILL 8"VCP WASTEWATER LINE LF 874.00 $ 17.00 $ 14,858.00 $ 33.00 $ 28,842.00 2-H12 GROUT FILL 15"VCP WASTEWATER LINE LF 2,302.00 $ 24.00 $ 55,248.00 $ 38.00 $ 87,476.00 2-H13 PAVEMENT REPAIR SY 471.00 $ 310.00 $ 146,010.00 $ 150.00 $ 70,650.00 2-H 14 REMOVE EXISTING WASTEWATER MANHOLE EA 9.00 $ 1,800.00 $ 16,200.00 $ 4,600.00 $ 41,400.00 2-H15 TRENCH SAFETY(WASTEWATER MANHOLES) EA 20.00 $ 130.00 $ 2,600.00 $ 1,100.00 $ 22,000.00 2-H16 TRENCH SAFETY FOR WASTEWATER MAIN LF 2,900.00 $ 5.00 $ 14,500.00 $ 10.00 $ 29,000.00 2-H17 JALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS JAL 1 1.00 $ 10 000.00 1$ 10,000.00 $ 10,000.00 I$ 10,000.00 SUBTOTAL PART H-WASTEWATER IMPROVEMENTS(Hems 2-H1 thru 2-H17) $ 1,521,423.00 $ 2,109,432.00 Page 14 of 15 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hincjosa DESIGN ENGINEER:HDR Engineering,Inc. BID DATE: Wednesday,April 19,2023 RFB 4651 Reytec Construction Resources,Inc. Bay Ltd. PROJECT NO.18005A&21051 and Alameda(Louisiana to Chamberlain)Bond 2018& 1901 Hollister Street 1414 Valero Way BASE BID 2 CONCRETE Houston,Texas 77080 Corpus Christi,Texas 78409 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT PARTI-GASIMPROVEMENTS 2-11 MOBILIZATION MAX.5%OF PART AL 1.00 $ 5,000.0 $ 5,000.00 $ 6.800.00 $ 6.800.00 2-12 EXCAVATION.BACKFILL.AND COMPACTION OF GAS LINES LF 5.138.00 $ 22.00 $ 113,036.00 $ 51.00 1$ 262.038.00 2-13 JADJUST EXISTING GAS VALVE BOX TO FINISHED GRADE JEA 1 19.00 $ 700.00 $ 13,300.00 $ 1.500.00 $ 28.500.00 2-14 JALLOWANCE FOR UNANTICIPATED GAS IMPROVEMENTS JAL 1 1.00 $ 1,000.00 $ 1,000.00 $ 1.000.00 $ 1,000.00 SUBTOTAL PART I-GAS IMPROVEMENTS(Items 2-11 thru 2-14) $ 132,336.00 $ 298,338.00 PARTJ- I.T.IMPROVEMENTS 2-J1 MOBILIZATION(MAX.5%OF PART J) AL 1.00 $ 4,000.00 $ 4,000.00 $ 4.800.00 $ 4.800.00 2-J2 2"PVC SCHEDULE 40 I.T.CONDUIT WITH PULL STRING AND MULE TAPE LF 5,152.00 $ 19.00 $ 97,888.00 $ 16.75 $ 86,296.00 2-J3 24"X36"X18"I.T.PULL BOX(INSTALLATION ONLY) JEA 1 3.00 $ 2,300.00 1$ 6,900.00 $ 2.900.00 1$ 8.700.00 2-J4 ALLOWANCE FOR UNANTICIPATED I.T.IMPROVEMENTS JAL 1 1.00 $ 1,000.00 1$ 1,000.00 $ 1.000.00 1$ 1.000.00 SUBTOTAL PART J-I.T.IMPROVEMENTS(Items 2J1 thru 2.14) $ 109,788.00 $ 100,796.00 TOTAL BASE BID 2 CONCRETE $ 15,407,700.21 $ 20,939,235.00 Page 15 of 15 LOUISIANA cal, PROJECT LOCATION iffm OHIO S F CORPUS CHRISTI BAY s � INDIANA TEXAS TEXAS RALSTON w LOCATION MAP s m Q NOT TO SCALE e , HARRISON SORRELL a o .. ..,b. DEFORREST Q CHAMBERLAIN � a CHAMBERLAIN UJI U) VA Lu J Q MCCLENDON cf) OFv a z N Y F w c/) o a Og�NSON R O GLPZ�gF� LEGEND: ALAMEDA STREET-TEXAN TO CHAMBERLAIN ALAMEDA STREET-CHAMBERLAIN TO LOUISIANA TEXAN PROJECT NO. 18005A&21051 ALAMEDA STREET - • CITY COUNCIL EXHIBIT TEXAN TO CHAMBERLAIN & CITY OF CORPUS CHRISTI,TEXAS • CHAMBERLAIN TO LOUISIANA DEPARTMENT OF ENGINEERING SERVICES Corpus Christi Engineering Alameda St (Texan Trail to Louisiana Ave) Council Presentation June 27, 2023 Alameda St (Texan Trl to Louisiana Ave) Corpus Chr sti Project Location Engineering R9 Location Map Location Map w, 3 i� may, 'k. rwisi a�awoo" >o"ten B s s PROJECT NO 21057 PROJECT NO.18005A ALAMEDA STREET- CITY COUNCIL EXHIBIT 15� ALAMEDA STREET- CITY COUNCIL EXHIBIT TEXAN TRAIL TOLOUISIANA TO CHAMBERLAIN STREET °`° `�""°: "" CHAMBERLAIN Z Alameda St (Texan Trl to Louisiana Ave) Copus Chi sti INwe—el"rScope of Work Engineering The proposed scope of work includes the listed below items: • Full depth reconstruction of the existing 5-lane roadway with a new asphalt pavement section, sidewalks, and pavement markings • New traffic signs and traffic signal upgrades at Louisiana Ave &Texan Trl • ADA compliant pedestrian improvements • Drainage improvements and utility upgrades _ Alameda St (Texan Trl to Louisiana Ave) = Corpus Chr sti Project Schedule Engineering 2021-2023 i2023-2025 Aug - Feb Feb -Jun July - October Bid/Award on Projected Schedule reflects City Council award in June 2023 with anticipated completion by October 2025. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Ernest De La Garza, P.E., Director of Public Works edelagarza(a-)cctexas.com (361) 826-1877 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Construction Contract Award Rodd Field (Yorktown Boulevard to Adler Drive) (Bond 2020, Proposition A) CAPTION: Resolution awarding a construction contract to Bay Ltd. of Corpus Christi, Texas, for the construction of Rodd Field Road from Yorktown Boulevard to Adler Drive with new asphalt pavement, multi-use shared path, roadside ditches, ADA compliant curb ramps, traffic signal improvements, signage, pavement markings, street lighting and utility improvements in an amount of$5,199,500.00, located in Council District 5 with FY 2023 funding available from the Bond 2020 Proposition A, Storm Water, Wastewater, Water Capital Funds and Gas. SUMMARY: This resolution awards a construction contract to Bay Ltd. for the construction of Rodd Field Road from Yorktown Boulevard to Adler Drive with new asphalt pavement, a ten-foot wide multi- use shared path, roadside ditches, ADA compliant curb ramps, traffic signal improvements, signage, pavement markings, street lighting and utility improvements. BACKGROUND AND FINDINGS: Rodd Field Road from Yorktown Boulevard to Adler Drive is classified as a primary arterial roadway (A-3) on the Urban Transportation Plan (UTP) and is 0.60 miles in length. This section of street is a planned street that was never built. The existing Right of Way (R.O.W.) width varies from 68 to 157 feet. The proposed roadway will provide the much needed second access to all the residential homes located south of Yorktown Boulevard between Rodd Field Road and Krypton Drive. The project scope includes construction of a two-lane street with one travel lane in each direction, roadside ditches, ten feet wide multi-use shared path, roadside ditches, ADA compliant curb ramps, traffic signal improvements, signage, pavement markings, street lighting, water and wastewater improvements. This project will also connect the three existing side streets (Dunn's Point Drive, Siberian Steet, and Adler Drive) to improve traffic circulation. New left turn lanes will be added at the intersection of the Yorktown Boulevard and the Rodd Field Road. PROJECT TIMELINE: 2021-2023 2023 2023-2024 Aug - Jan Feb - June July - April Design Bid/Award Construction Project schedule reflects City Council award in June 2023, with anticipated construction completion by April 2024. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on March 6, 2023, for the proposed Rodd Field Road construction project. The solicitation contained Base Bid for asphalt pavement only, in compliance with the previous "mostly asphalt" design recommendation. On April 20, 2023, the City received seven bids for HMAC Pavement only in accordance with the street pavement design recommendations adopted by Council on July 16, 2021. City staff analyzed the submitted bids in accordance with contract documents and determined Bay Ltd. was the lowest responsive and responsible bidder. A summary of the bids is provided below. Bidder Base Bid (HMAC) 1 Bay Ltd. $5,199,500.00 2 Anderson Columbia Co., Inc. $5,597,850.35 3 JE Construction Services, LLC $6,051,465.40 4 Mako Contracting $6,401,942.98 5 Jhabores Construction Company, Inc. $6,571,046.43 6 Ortiz Construction & Paving, Inc. $6,571,551.70 7 Clark Pipeline Services, LLC $8,191,895.09 Engineer's Opinion of Probable Construction Cost $5,681,040.90 Bay, Ltd has successfully completed several street projects with the City of Corpus Christi. Some of the recently completed projects include Gollihar Road from Weber Road to Staples Street (El 3087), Yorktown Boulevard from Everhart Road to Staples Street (El 3096), Holly Road from Rodd Field Road to Ennis Joslin Road (18021 A), Morgan Avenue from Staples Street to Ocean Drive (Bond 2014), and Morgan Avenue from Staples Street to Crosstown Expressway (Bond 2012). ALTERNATIVES: City Council could choose not to award the contract to Bay Ltd. This would delay the project and conflict with City Council's goal to expedite street projects with Bond Funds. FISCAL IMPACT: The fiscal impact for FY 2023 is an amount of$5,199,500.00 with funding available from the Bond 2020 Proposition A, Storm Water, Water, Wastewater Capital Funds and Gas. The Capital Improvement Program (CIP) shows that the project is planned for FY 2023 and the project is ready to be implemented. Funding Detail: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in FY 2023. The project is ready to be implemented. Fund: Street—ST2021 Bd20 A (Fund 3558) Mission Elem: Street Pavement Maintenance (ME 33) Project No.: 21064 - Rodd Field (Yorktown to Adler) Account: Construction (550910) Activity: 21064-3558-EXP Amount: $3,157,172.31 Fund: Storm Water- StrmWtr 2023 CIP (Fund 4534) Mission Elem: Drainage Infrastructure (ME 47) Project No.: 21064 - Rodd Field (Yorktown to Adler) Account: Construction (550910) Activity: 21064-4534-EXP Amount: $726,632.62 Fund: Wastewater-WW 2023 CIP (Fund 4259) Mission Elem: Wastewater Collection System (ME 46) Project No.: 21064 - Rodd Field (Yorktown to Adler) Account: Construction (550910) Activity: 21064-4259-EXP Amount: $302,324.40 Fund: Water- Water 2023 CIP (Fund 4486) Mission Elem: Distribute Water (ME 45) Project No.: 21064 - Rodd Field (Yorktown to Adler) Account: Construction (550910) Activity: 21064-4486-EXP Amount: $980,332.10 Fund: Gas —Gas 2023 CIP (Fund 4562) Mission Elem: Distribute Water (ME 11) Project No.: 21064 - Rodd Field (Yorktown to Adler) Account: Construction (550910) Activity: 21064-4562-EXP Amount: $33,038.57 Overall Total $5,199,500.00 RECOMMENDATION: Staff recommends awarding construction contract to Bay Ltd. for the construction of Rodd Field Road from Yorktown Boulevard to Adler Drive in the amount of $5,199,500.00 with asphalt pavement, with construction duration planned for ten months from issuance of the Notice to Proceed, starting in July 2023, and completed by April 2024. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs CIP Page Power Point Presentation Resolution awarding a construction contract to Bay Ltd. of Corpus Christi for the construction of Rodd Field Road from Yorktown Boulevard to Adler Drive with new asphalt pavement, multi-use shared path, roadside ditches, ADA compliant curb ramps, traffic signal improvements, signage, pavement markings, street lighting and utility improvements in an amount of$5,199,500.00, located in Council District 5 with FY 2023 funding available from the Bond 2020 Proposition A, Storm Water, Wastewater, Water Capital Funds and Gas. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute a construction contract with Bay Ltd of Corpus Christi for construction of Rodd Field Road, from Yorktown Boulevard to Adler Drive, in the amount of $5,199,500. PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Project Location Cn 4� \ \G ' % CHARTER Location Map ., MORTEZA BRONX xP Lu w m . NEGIN ? O Q 0 �. Cl) m �� J Z r w a W BAY f ? Z RODD FIELD GREYSTONEM y w EMU QUAIL SPRINGS N 00 N Lu GLADSTONE m 4 Z V! LO TAS BAH AMETRINE NECIIES �� N REDS FOLLY O WOODHOUSE PENNINE PROJECT NO. 21064 RODD FIELD ROAD - CITY COUNCIL EXHIBIT YORKTOWN BOULEVARD CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES TO ADLER DRIVE :Wr3 TABULATION OF BIDS PROCUREMOF COS CHRISTI,TEGUILS msOa,Ap.120,2 "11 _113, ANDERSON COLUMBIA CO., LLC MAKOC NFORACTING 1HABOCROEMPCONSTRUCTION A,IRTI='TRUCTION& 111 FNICES,OLD ANY IN NC ICIRK PIPE E SE PROJECT NO.21064 Rotltl Fiel0 Roa0�Forktown Boulevartl to Atlle-Onve)Bontl 2020 tl"KIN1 Holy Rd. SBS Bp Rrver Rtl 2AIryoR Rtl Leopam BVeet Corpu'C'HN'T.'— Coryu'CO2NOs0.TXTa41T Corry'CNOstI.TX 78409 CorWS CNONI�TX8411 Coral OCBIXtIBBTX B898466 CoryusBCNO M,TXT8405 Coryus CNO'tI.TX 78409 ITEM DESCRIPTION UNITOUNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT P,UIA GENERAL Al Nall PART Al 1 DD $134D)DD$ 13,QO.M $ m $ DO 8 m $ w 8 m $ 1 FOOD OB $ 27,907 4a 8 27,GO74a $ 19,175 90 $ 19,175 90 $ 25 2DO DO 8 25DD)DD 82BDBB$ m $ Oo $ Oo $ OB S Oo $ OB $ OB $ Oo $ Oo $ Oo $ Oo $ Oo $AD N A3 TRAFFIC oL NORI34 EmTON,IMPLEMENTATION,AND ADJUSTMENTS) S3,3BD0e$ 3 HKOH) $ 5U.O Oo sm s m $ m $ B $ BB $ z $ z $ m $ m $ m $SGN AD TEMPD)RARYTRAMM E—C)NE-RAILLPHARESMIFTHEITRA CONTROL 57 1D) Szeoe-m$ m $ o $ m $ BB $ o $ B $ m $ B $ OF $ 0 $ Oo $ o $ 3G-DD TRAFEC CONTROL N TEMSEA,E-E-L-S SIGNS, PA-�ARMN.G'ETC MC 1D. 526001)0B$ 26OXUOK $ DO S lD,DD0 DO 8 m $ 23,.0 DO S 2FDO0DD $ 2FDO0DD 8 OB 8 3R.O w 22—DD zs m $ DO S m 8 DO 8 AS METHOD COMPACT MESSAGE-13 LA 3 DD S25 s m $ Oo $ Oo $ Oo s Oo $ 50 $ GO $ $ OF Oo $ Oo $ Oo $ s5,BH$ D $ Oo $ Oo $ o s o $ B $ $ 02 a 2 $ 0 $ o $ OF $ 20,7M DD AS CRONE ACTION MY DAY 2 $7.DD$ D $ 0 $ o $ o s o $ B $ $ 1 $ 2 $ Oo $ o $ 0 $ AD CLEAR RIGH—F WAY AC 16 GO882t0Doo $ m $ 0 $ Oo $ o s Oo $ B $ OB $ BB $ 0 $ 0 $ Oo $ Oo $ AID STORNWATER MILLUTION PREVENTION PLAIN 1 DO 250BO DO $ m $ DO $ DO $ o s o $ DD $ DD S $ w $ 0 $ o $ m $ 30,000. All SEEDING BY 22,166. $1 m $ w s $ 4 $o s a s m Al2 ALLOWANCE FOR UNANTICIPATED GENERAILACTVITIES GOO DO $ ,azm s Bs GO $ Oo $ Oo $ Oo $ 20EDD DD SUBTOTAL PART A GENERAL(I-SA1mu All S a s e S a s 8A 31 M OBI LIZATIoNMNAX 5%PPART B) 1 $ 42,77DOO $ 42,70.0 $ 11 GFBO 00 $ 11 DDBO 00 23,.D OB S 23,.0 Oo $ 75,DD0 Oo $ OB I S B $ 0 T $ 3'TYPE D Ac(FINAL SURFACE) s $ m $ a O $ m $ o $ m $ o $ w $ BB s m $ o $ $ o31,757 B3 WaTwCE s $ m s s o $ OF $ o $ OB $ o $ 56 $ BS m $1. o s Oo $ o $ e s 765—GS 54 PR-M NDID 15 CAISB $ m $ l2,VUJK S 6 oo $ 12,24D DO E 7 DD $ 14DOO DO 8 920 8 m 8 G 12 8 8 D oo $ 1.32o BO 8 9 No 8 20,196. B5 16'GLEN BASE MAT RIAL TYPE GRADE 1-2 BY a $ 50M $ 731,9DO.DO $ 51 00 $ 746.G DO $ Oo $ 93DG32 DO $ 64 Oo $ G31S.BB $ DO m $ G7G2.BB $ 15 00 $ o $ $ 969,621 12 36 SINGLE COURSE UNDERSEAL BY 5 $ SAS $ 42,147.60 $ 3 10 $ 42,147. $ 4 DO $ 54,384 Oo $ 565 $ 7BB17 40 $ 5. $ 7BGAG m a o $ Oo $ O $ HlERN�Hoosro3D $ w $ o $ o $ o $ O $ o $ O $ B $ B $ 0 $ Oo $ o $ 0 $ 38 ON CAVATI onnlsAL> B $ 5 $ o $ 00 $ 0 $ Oo $ o $ Oo $ o $ 51 $ 211.520 $ Oo $ o $ o $ 242,176 B) B9 3'MILL �VFA1 $ D.J. $ D $ o $ 40 $ o $ Oo $ 3 $ 3 $ 1 $ 1 $ oo $ 0 $ o $oPs $ m $ D $ Oo $ o $ Oo $ o $ Oo $ o $ 2 $ o $ o $ Oo $ o $AI Y BE BID Bll PAVEMENT a $ 33J. $ OD $ 19 Oo $ 6,517 DO $ 35 Oo $ 12,.5 Oo $ 35 71 $ 12,24B a) $ 5B $ s4 $ Oo $ Oo $ B $ 11,524 SO B12 REFIFECTIVE PAVEMENT MIRK GS PE Touox�MlL> $ D $ D $ s $ s $ o $ o $ e $ . $ ss $ e $ z $ B $ m $ OYPEHITEE( B13 REFLECTIVE GAVEJw (BOKENX—ME) B s s D s 0 s o s o s o s 2 s B $ B $ 0 $ 5 $ o $ BB $ 220. B14 REFLECTIVE PANEMENT OS ffPE 1)H`E4'XSODD)o9e ME) LF 3,47D DOW $ 2,1182 DD $ s s o $ o $ o $ e $ BB $ Ss $ 0 $ 2 $ 0 $ B $ B15 REFLECTIVE GAVEIN IRE2ISCL11LF B s $ D $ 0 $ o o $ o $ 2 $ B $ B 5 $ o $ BB $ 21 GO B16 REFLECTIVE PANEMENT 1 . a D $ w $ s $ o o $ o $ o $ s s o s $ o $ ON $cE! u.WIIMIEXG B17 REFLECTIVE—EMEIN OS(EPE 1)(wwTE>(a)(SOIF1O10 MIL> 2 s D $ D $ 5 $ o $ o $ o $ 1 $ 2 $ T $ 4 s 1 $ 2 $ 5a $ MENT MIRK BIG REFLECTIVE GAVEcs(TVPE t)GNHITE)(K)(D3TXG90 ME) L 3B s 6O D s 8 5 8 B $ BB m S 8 t $ 3B 8 T $ 92 $ 1 8 B $ w 8 15552. REFLECTVE PAVEMENT MARKING oL"PE C HEAT APPDED)GATITEXTHRO- B19 TURNIRR.W CI OPLASTB s m s D $ BB $ BB $ BB $ BB $ BB $ BB $ Ms B $ BB $ BB $ B $ 72. KID RAI BED PANEMENT MARKERS(TIYL IlI R 9 $ D $ lOD.SD $ 5. $ w $ BBs FD14 BB $ 5 7D $ 9E3 3B $ 551 $ 931 19 $ 513 $ DEG 97 $ 72D $ ED 1 RAI BED GAVE ME NT RS(TY ItaB) EA a $ D s . $ 5 DID $ OB $ DO $ 4B OB $ 570 $ 45. $ 551 $ 44 O5 $ 5 13 $ 41 D4 $ 72D $ 57. B22 RAISED GANEMENT RS(TY I1-C-RD EA 33 $ D s 2Dl.3D $ 5 DID $ 1,31 SB $ DO $ LOS DD $ 570 $ LGOLID $ 551 $ 3 s3 $ 1.29 $ 72D $ 237. B23 RAISED GANTMENT MARKERS ff 11) EA T $ D s 42.. $ 55D $ s0 $ DO $ 42 OB $ 570 $ 39. $ 551 $ 3D 57 $ 5 13 s35 1 $ 72D $ B24 REM GVAL EA z $ 113.J. s 2SWJDD $ 3.DD $ BB $ o $ B $ o $ BB $ F7AD 11 $ 3A.3G $ 4,5DO 00 $ o $ 4D.DD $ LY(TRIANCBLAR SDP OA BE) T $ m s m $ B $ OB $ B $ OB $ o $ OB $ B $ 7Ds o $ Oo $ o $ 13,72720 B26 REMCL0FEXIST LY(POLEFOONDATION) T $ m s63SIDD $ Dl OB $ 7 DD $ NO,OB $ B s Oo $ BB $ Dl 21 $ T $ 75 S12B.DD O 'aU , , S , , S mo $ 8 sB S B S B S o $ B 8 1 5 1 5 o o $ o $ GDOC B) $ ss OB DID GO B $ as mOF s $ s m $ $ o $ 129 SUBTOTAL PART B STREET 8 AD S o IMPROVEMENTS(Neme B1 SO.BlB E 2, S a,119, sm S AT ON IMAX 5A PART C) E a, 1 $ D s D M' 55 mS mS GOS m 8 mS 38 3 8 e8 ie S m S 114DD T.RED STRIA BE s s D s 245,4.00 5 S BB S o 8 se 8 se 8 ee 8 3 B S 5 8 58 sa83C3 CONCRElECURIBRAMP SIF 33 S m S m m8 m 8 m S m 8 m8 >s 8 S m S m 8 B SnLK(TYPE C H EAT APPDEDGBNH ITE) BC4 SIDEWALK AND CONCRIETE CURB RAMP DEMOLITION ED lRoPOL-NZ R SIDEWALK 32 S w s D o s m 8 o s m 8 BB 8 T S B4 S s S m S(24y(125TMVE PAVEMIL)(PREFORMENTEO THERMoMARKERS�LABTIc)BBW T s m s D BB 8 m 8 BB 8 w s B 8 s 2 8 se 8 szRE ECTVE RAVEN EN T MARKERS FOR STOPBAR(TYPE C HEAT APPLIED-HITE) LC. (24(125 ML)(PREFORMEO THERMOPLASTC) 0 5 m s O BB8 DD 8 BB 8 w 8 B S DG 8 B S . 8 BBC7 ALLOWANCE LIG UNAN I IIIIA 111 AM 111111EMENTS AL1 5 m S m GO $ m S m S m S m $ DD S DD S DD S BE 8 m S SUBTOTAL PART C-ADA TS(Items Cl th.CTI E a E aa2,TB5.55 S E a s aas E a E sae 11 1ON(MA%5%PART G) LS 1 $ lllmo.m 1$ lllmo.m $ B 1$ B $ B $ 95.DD 1$ TO.B 1 S TO.DD 1 S 3 1 8 3G.43 1 8 B7.42 1 8 B7.42 1 8 B $ KBODD TABULATION OF BIDS PROCUREMOF COS CHRISTI,TEXAS DESIGN ENGINEER riesaaY.rAPn"120,2023 "11 _113, ANDERSON COLUMBIA CO., LLC I MAKOC NTRACTING 1HABORI'EMPCONSTRUCTION A.ORTI='TRUCTION& ICIRKIIIELII ESERADCES,LLC AN"IN NO PROJECT NO.zt064 Road Fiero Roa0�Fonctown Boulevartl to Atlle-Onve)Bontl zazD aBlagt Hory Ra. 505 uv Rrver Ra 2AIryon Ra LeopaN street C.-C.H.,T.'8409 CDryus CO2hHM,TX 78417 CDryus CDDstI.TX 78409 CDryus CND�I�TX8611 Corry OCButIBBT.B898066 CDryusBCDD N,TX 78405 CDryus CANHM,TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR BE AMOUNT UNIT PR CE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PR CE AMOUNT UNIT PR CE AMOUNT DO FTITRFSIGPOIL))(361H) LF 1B HKODO 8,000.00 8 414. 8 BOB 8 40000 8 6,40000 8 372 00 8 S9,2 00 8 359. 8 S7.24 8 33H. 8 eo 8 3,2 00 8 5,952 Ol 9 5 m 1,794.00 8 32 m 8 1,24800 8 27. 8 0 8 25. $ N.Bo 8 35 8 04 8 58 8 2 8 0 8 DT(RVC)IscH 40)FV') 8 5 m S 0 8 m 8 00 8 BE 8 0 8 BE 8 D) 8 RD 8 0 $ 32 40 8 0 8 3D D) 8 DID ELEC DR(NO.6)BARE LF 26 5 m $ 20 8 195 8 7Db 3 Do 8 7D OF 8 3 Do 8 7S m 8 90 $ 40 8 0 8 0 8 m $ HIS ELEC OR(NO 6)INSULATED 2 5 m $ 0 8 5 8 so 8 0 8 0 8 e 8 5 8 7 8 34 8 B5 8 2 OLD $ 19716 I BARELF 959 S D $ 0 8 55 8 5 8 0 8 0 8 B5 8 3a 8 eo 8 0 8 8 3 8 es 8 LE(3 cOON DRD Lt G) 85 S m $ m 8 31D 8 13D.. 8 3 DO 8 12,.D OF 8 0 81 DD.40 8 4 35 8 0 8 2 1B 8 9,257 76 2 40 8 09 GROUND�TV DItsa2 SUPRON EA 3 2,21XEDD $ SIXEDD 8 1,300 BOB 8 3,900. 8 0 4SOF DO 8 1,535 DO 4,60300 8 F4.95 8 5 8 LOGO 4D 8 4,1120 1,535 DO 8BOB 3 5 m E D 8 42DBD $ FOOD. 8 4.DO 8 FOOD DO 8 42D DO FOOD. 8 40604 8 1,21B 12 8 37S DD 8 1,1.To 8 42D DO 8 Dll INSTALLHWYTRF G(UPGRADE) EA t S m $ m 8 BE S WROI m 8 1 FOOD,m $ 0o $ OF 8 m 8 17,932. 8 m 8 m 8 16,740 OF 8LOD.m 8 LOD.DO SIGNALSD12 RE.-ING TRAFFIC EA t 5 E DD D 8 4,5OF 00 8 4,59000 8 3,200001 8 3,200 DO 8 0 8 m 8 2,90030 1 8 2,90030 8 2,7.DD 8 2,700 DO 8 m 8 D13 IVEH SIG EC(12)ILM aN) 3 5 D S D 8 0 8 m 8 0 8 0 8 0 8 BOB 8 54 8 2 8 0 8 0 8 DO 8 1,116 DO D14 VEH SIG EC It2�L1=DIGRN ARA) a S D S D 8 0 8 00 8 0 8 0 8 0 8 00 8 54 8 55 8 0 8 FOOD 20 372 00 8 F4SN DO 3 5 0 5 D 8 0 8 m 8 0 8 0 8 0 8 m 8 54 8 2 5 0 8 0 8 BOB 81,116 Do. EC 112�LEDIVEPARw) 2 5 0 5 D 8 0 8 m 8 D 8 0 8 0 8 DO 8 54 8 B E o 8 0 372 BOB 8 D17 VEH SIG EC(12)ILMED) 3 5 O S D 8 0 8 m 8 0 8 0 8 0 8 BOB 8 54 8 2 8 0 8 0 8 DO 8 1,116 DO D18 VEH SIG EC It2�LFDIREDA-) EA 2 41.DD 820OIK 8 31600 8 DO 8 4DO DO 8 ROD DO 8 372 DO 8 DO 8 35964 8 719. 80 8 so 8 372 DO 8 3 mom 8 25000 8 75000 8 1 DO DO 8 4.DD 8 14D 40 42 1 DID 8 1 M 73 8 437 11 8 35 8 08 $ 0 8 .1 DID RDR(4 SEC) 2 5 m S 0 8 0 8 DO 8 0 8 0 8 0 8 0 8 sD 8 s 8 B $ 55 8 0 8 DO 1 LED SI G SEC XCOU NTDOWN) 4 5 DD S 0 8 0 8 DO 8 0 8 0 8 0 8 2 Bo 8 8 e 8 8 8 2 8 0 8 2,548 RD D22 THE SIG BL ITV A)(14 AwG5 CONDR) 93 S D S 0 8 0 8 50 8 0 8 0 8 5 8 ee 8 09 8 1 8 94 8 2 8 5 8 3'02 SO L23 ILF RES CK0 5 D S 0 8 5 8 DO 8 0 8 0 8 0 8 DO 8 2 8 0 8 5 8 0 8 0 8 4W DO DO TRFSG BLlEA)ItanwGHtS CC NOR) 3 5 5D 5 0 8 7 30 8 90 8 DO 8 4 9.DD 8 5 32 8 % 8 5. 8 4,633 49 8 524 8 4,312 52 5 SO 8 AM(s)1ARMF4)LUMAISN DA 1 5 m S29UNCOOK 8 19,7DO OF $ m 8 2BO00 m $ 2BO00 m $ 27,00000 8 OF 8 S.JOG M b 26,102 70 8 24,30D. 8 243DO OF 836000 OF 8 36 OFF OF DOE LED MILE ASSEMBLY LA 4 54SIXEDD S18,400OK 8 2580 00 8 LD,32D m 8 3,20000 8 m 8 0 8 OF 8 2,90030 8 it 1 20 8 2,7.DD 8 1DROO OF 8 0 8 12 000 OF D27 LED DETECT PUSH HUTTON(APB)(MILARA TOUCHILESS)BN/RlDSIGN) EA 4 1ORXEDD S 0 8 0 8 DO 8 DO 8 0 8 0 8 0 8 0 8 D 8 0 8 0 8 0 8 4 OW 00 D28 LED DETECTOR CONTROLLERAVERO UNIT t 5 D S 0 8 0 8 m 8 0 8 0 8 0 8 0 8 9 8 9 8 0 8 0 8 0 8 4,920 DO D29 RADAR OR CABINS INTER 2 5 D S 00 8 DO 8 DO 8 m 8 DD 8 0 8 00 8 B 8 95 8 0 8 m 8 m 8 DEVICELED RADAR DETECTOR ONAVETRONIX MARTSCLICK 656)NSOR 4 5 D S 0 8 00 $ DO 8 0 8 0 8 0 8 00 8 5 8 5 8 0 8 0 8 m 8 2,58000 B294 4D m S D S 0 8 5 8 m 8 0 8 0 8 0 8 0 8 B $ 2 8 a 8 95 8 w 8 LED BBIETHERNET)ICAT5EFFORACCTVSARADIO)NIx % S D S 0 8 0 8 0 8 0 8 0 8 B 8 ee 8 0 8 0 8 5 8 Bo 8 B $DED OUIT(RRERA NO) 58 S D S 0 8 5 8 eo 8 0 8 0 8 2 8 35 8 a4 8 2 8 3 8 35 5 2 8 4,4K5 36 Box(PREP-ARE) EA 5 5 D S 0 8 1 DO DD 8 TOO DO 8 3OD DO 8 0 8 08 BOB 8 53 8 5 8 0 8 00 8 m 8 FOR)BOB 222 FIN LED)C S)RGI EA 1S 0 5 0 8 0 8 00 8 0 8 0 8 0 8 0 8 4SlG DID 8 4SlG DID 8 4,535 DD 8 4,53600 8 SO4DO0 8 0 64OK S4,4811.00 8 15. 8 FOOD DD 8 11 m 8 77D DD 8 15. 8 FOOD DD 8 17. 8 1,218 DD 8 1D. 8 7.DD 8 2954 8 1 S25OKOOK S25OKOOK 8 25,OOD m $ DO S m $ m $ m $ m $ m $ m $ m $ m $ m 8 IMPROVEMENTS plans of tnru oaTl E 255,Dtu5D E 2o2 sits E 20211300 S E 2020329 E E t PM1 E I.T.IMPROVEMENTS Ll 17MPB 2ATl oN M 1 S o 5 0 8 0 8 0 8 0 8 0 8 0 8 m 8 2 8 2 8 9 8 9 8 0 8DD Rvc lscHao)ELEcmICAB CONDUIT pT/MIG) sv f 5 5 w 8 DO S OF S m S m 8 5 8 8 ] b B 8 95 E ea 8 0 8 5 839 ON E�IITiMISJ f o 5 m 8 0 8 0 8 0 8 2o 8 0 8 m 8 5 E 2 8 m E m 8 824 t 5 0 5 0 8 0 8 0 8 0 8 0 8 0 8 0 8 m 8 0 8 m 8 0 8 0 8 SUBTOTAL PART E I.T.IMPROVEMENTS L-S El 1B.E41S E S 73,710 W 1 E E EE orvt p�G 51 PART F) i S o 5 0 8 0 8 0 8 0 8 0 8 0 5 0 8 2 8 2 8 0 8 0 8 0 8 TENS ENE5 5 m S m $ m $ m $ m S m $ m 8 t 8 os S11 DO I S 1CB11 m 8 8 8 5 5 u 5 u 8 DO 8 0 8 m S m 8 0 8 03 8 5 8 m S m 8 55 8 4-1 30 S o 5 0 8 0 8 0 8 0 8 0 8 0 8 0 8 0 8 0 8 0 8 5B.DD 8 5B.DD SUBTOTAL PART F GAS IMPROVEMENTS plans Ft tnra E4 $ E E o b 31 US I E E EDO FG MIS ATITIUN IMI 5T.PART G) S m S m S m 8 Do S 2 $ m S m 8 m 8 98 8 93 8 3 8 3 8 m 8 C7 LZ 5EMOLL 1GO BAN TTER ON LF 4 5 m S o 8 m 8 0 8 0 8 0 8 m 8 0 8 m 8 0 8 m 8 0 8 S 4D 8 GO STORM CURBAND GU�ERLF 2 S 1.0. $ m $ 35 OF $ 32,970 OF $ 29. $ 27,318 OF $ 2B m $ 2B376 m 8 m 8 35 $ m $ OF 8 50 8 27-20 G4 LK'REINFORCED CONCARET� RE lcuss lll) 5 $ m f m 8 0 8 0 8 DO 8 0 8 Bo 8 m 8 os 5 30 8 0 8 0 8 BOB 8 B_BOB DD 24'REINFORCED CONCRETE 2 DO o $ 19,13D. 15D. $ 00 8 1972D 8 lBl.Q 8 21DL 519,330 12 8 2.DD 8 lS4D0 OF 197 SO 8 C. -REIN FORCED CON C-E RE(CLASS III) LFes S D S m 8 0 8 OF 8 m 8 00 8 0 8 20 8 2 5 2 8 00 8 OF 8 m 8 18,613 m G7 SS'REIN FORCED CON C-E (CLASS ICss I11) B S D S m 1 8 357 DO S 00 L32 DO 8 OF 8 3A22D 8 50,645 so 8 343 55 5 0 8 275 DO E 4D,7DO OF 2.00 8 G8 -REINFORCED CONCRETE RE(Cuss 111) 1 LF 10 5 D S m 8 m 596,S3D OF 8 20500 8 47,150 OF 8 4002D 8 92,04D m 8 326 71 575,143 3o $ 315 BOB $ 72,450 OF 8 90 8 TABULATION OF BIDS PROCUREMOF COS CHRISTI,TEOUIUS .ESEN.INEER NeetleY.rAp.120,2M3 "11 _113, ANDERSON COLUMBIA CO., LLC I MAKOC NTRACTING I 1HABOCROEMPCONSTRUCTION A. RTI=,TRUCTI.N 111 -ICES,LLC ANY IN NO ICIRK PIPE E SE PROJECT NO.21 O6G Rotltl Fiel0 RDa0�Forktown Eoulevartl to Atlle-Onve)Eontl 2020 tlaltlgt Holy Rd. SDS Dp Rrver Rtl 2AIryoR Rtl LeopaN Street Corrys COn N'TX 78409 Corrys CO2Onstl.TX 78617 Coryus COnstl.TX 78409 Coryus COn NI�TXeatt Corry OCButIBBT.B898066 C."C" TX 78405 Coryus COnstl.TX 78409 ITEM DESCRIPTION UNIT OPRICE GO LP'SINGLE BARREL SALET'��2 NT ITv II)IRCP)la t)Ic) 1 5 0 5 0 8 BB 8 BB 8 BB 8 BB 8 BB 8 BB 8 30 8 30 8 BB 8 BB 8 D 8 1,478. DID i s o s o 8 m 8 D $ m 8 D 8 m 8 m 8 53 8 53 8 00 8 D 8 D 8 1,771 DID Gll OR'SINGLE BARRELEND NT ITV II)(RCR)(3 t)IC) i s 0 5 D 8 00 8 D 8 00 8 D $ 00 8 00 8 59 8 59 8 00 8 D $ eo 8 SR52 SO) TREATMENTG12 SS'DOUBLE BARREL SAFETY END (ry 101RCP)13_t)(P) 2 5 0 5 m 8 m 8 00 8 OR 8 00 8 00 8 m 8 9 E 55 8 OR 8 OF E o 8 1824D OR G13 -SINGLE BARREL SAF11-Y END T ITV Ip(RCP)IS B(P) i s 0 5 w 8 Oo 8 0 8 OR 8 0 8 00 8 00 8 9 E 9 8 00 8 0 8 60 8 9,831 SO i s 0 5 0 8 BE 8 00 8 00 8 00 8 00 8 00 8 � E ON 8 OR 8 0 8 0 8 7,527. C11 1UNZCTT1N 311 111D FELI EA i s 0 5 0 8 0 8 0 8 0 8 0 8 Oo 8 Oo 8 54 E sa 8 OR E 0 8 0 8 G16 4 GRATEINILET EA 2 5 0 5 m 8 0 8 BE 8 0 8 Do 8 OR 8 m 8 9 E 8 8 OR E 0 8 0 8 10,972 OR G17 NEW DITCH SHAPING AND GRADING CY 14,755 5 B) s SD E W E 0 $ W E 0 $ 00 8 00 8 OR E 2 00 8 OF 8 0 E 0 E G18 SOIL RETENTION DR-KET I-PE A) BY 936 S D S eD E 0 $ 40 $ 0 E W $ ] 8 92 8 9 8 M E 0 $ OF E 0 E 96 S w s tagen.00 8 5 8 ro b 0 8 m 8 m 8 m 8 9 8 54 8 0 8 m 8 0 8 63,91D 40 i s 0 5 0 8 5 8 5 8 0 8 0 8 m 8 0 8 90 8 0 8 OF 8 0 8 0 8 ME I D s o s o $ D s m E D s D $ D s D s t E D $ D $ D s D $ I US 1 S 51,1 S m 8 m 8 m 8 m 8 co b m 8 m 8 OR 8 OR 8 m 8 m 8 m 8 SUBTOTAL PART G STOIi-A TS(IMIll OttnrNO22 E 68S2340D E a E E T E T E aI 909 oN[n.4Ax 5S.PART H) 1 5 o s o 8 m S m $ OR S m S m S m S m S m 8 0 8 0 8 m 8 5 o s o 8 0 8 0 8 0 8 0 8 w 8 8 8 35 8 2 8 8 0 8 m 8 9 8 SD t1=29 1t5-2o NBBT DEEP) 4 S m S m S 26,222 m 1 8 LD4,DOOR 1$ 47, m 8 0 S m S m 8 2 8 9 S m S m 8 60 8 1 5 m S m 8 m S AD 1 S AD I S m S m S m S m S m S m S m $ AD I 8 SUBTOTAL PART F WASTEWATER TS(Nems NO BI Na) E 28SlIR0D E a E E 30 E a E E 2 OMENTS 11 M OBI oNIIMAX NS PART I) t S oo $ 10,00.M S 62,000 00 $ 62,DOD 00 $ 2BO00 00 8 2B000 00 $ 00 8 35,000 00 8 37,C6 76 8 37 796 76 8 54,637 1D 8 54637 10 $ 00 8 31B.OR 12 12-DIA COODPVCWATERENE IFF i 11DIDD E 529,210.111) S 152DO 8 731,272 DO 8 117. 8 562,887 DO 8 145 00 8 697,59500 8 1D091 8 48547801 8 125DO E 601,375C 1.92 8 13 B'DIA CGHOPVCWATERILINE IFF 3 13DIDD $ 140SHOIXI 8 115DD $ 12,.500 8 13COR 8 15,594 OF 8 11368 8 12,S45 34 8 1.75 8 5 8 115. 12,99557 102 35 8 11,565 55 14 6'DIA CGHOPVCWATERILINE IFF 3 13DIDD $ m 8 BE OF 8 7,13800 8 LOSOR 8 B7.DO 8 Sl 20 8 STOP. 8 94 D7 8t 8 105. 3,715 DO SOL 8 7,47S 13 15 TRENCHFOR WATERILINER IFF a lSD $ 7,878.40 8 2 3D 8 11,325. 4. 8 m 8 2 32 8 6D 8 2 00 8 0o S 0o E39392 BE 3 so 8 17,726 40 i s D S m 8 F45F DO 8 1,45000 FOOD. 8 0 8 FOND DO 8 1,392 00 8 87737 8 87737 2,50000 2,500 DO 8 36 8 2 71HUDD S D 8 2,420 OR 8 00 1,40000 8 0 8 2,32000 8 4,64000 8 8 1,617 34 1,750 0o E m 8 BOX 49 8 FORD 98 3 5 D 1,92C.00 8 750DO 2,250 00 1,300 00 8 00 8 6786D 8 2,D35 90 8 572 94 8 1,718 DO FOOD 00 4,D5DO0 8 4.30 8 i s D 77CIDD $ m E 0 8 ROD 00 8 ROD OR 8 928DO 8 928DO 8 7DO ee 8 7DD IS $ 0 8 00 8 D $ i s D S D 8 307 0o 307 DO 8 00 8 NOR DO 8 754 DO 8 754 00 8 3,79N 87 8 3,79S 87 8 FS.DO 8 FS.DO 8 57D 4D 8 57D 4D i 71HUD S 00 8 1,45000 F45F DO 8 1,300 00 8 FOOD DO 8 FOND DO 1,392 00 8 61539 8 61539 8 FOOD 00 8 FOOD DO 8 931 87 8 931 87 M�CROSS REDUCER DA i s D 1,71.J.1 8 3,D,o 0o 3,DOB DO 1 1,70000 8 1,700 DO 1 8 0 2,n 00 8 56 8 6 8 0 8 0 8 6 8 i s D S DD 8 00 E 0 8 0 8 0 8 0 8 00 8 5 8 5 8 0 8 0 8 6 8 3 5 o s 00 8 0o E 0 8 0 8 0 8 0 8 00 8 2 8 6 8 0 8 0 8 ea 8 4,16352 115 -INCH LONG COUPLING EA 3 5 D S D 8 3,B30 00 8 LROSO OF 1,100 DO 8 3,3DE DO 8 3,4W DO 8 OR 8 1,0,619 8 3,018 57 8 2,500 00 8 7,500 DO 1,242 13 8 3,726 39 i s D S D 8 2,790 DO 8 2,790 DO 3,300 DO 8 3,3DE DO 8 0 8 00 8 2,297 D7 8 2,297 37 8 3,25F 00 8 3,25F DO 2B74 DO 8 2B74 03 6 5 D S m 8 5,45D DO 8 S7,2P0 OF 5,200 DO 8 83,2TO Do 8 5,220 DO 83,52D OR 8 m 8 m 8 4,25D 00 8 6SDOO7 3,B27 40 8 61,238 40 2 5 D 2,4110.00 8 0 8 3,SDO DO 8 0 8 2,400 DO 8 1S.DO 3,712 00 8 36 8 2 8 1,75D DO 8 3,500 DO D,10 8 L75A DID 119 11INCH DI NJ 45DEG BEND EA 3 5 D S m 8 FOOD OF 8 4FS60 OF 1,300 OR 8 OF 8 0 8m 8 1,LOS 97 8 25,96B 31 8 2,000 DO 8 4MODO BE 91424 8 21,027 52 2 5 D 2,800.00 8 2,1 OF OF 8 4,360 DO 1,40000 8 0 8 2,068 OR 8 4,1 7B 00 8 1,217 7S $ 2,435 56 8 2,750 OR 8 5,500 DO 97S 51 8 1,95902 S s D 6,4110.00 8 FOOD OF 8 14,53000 S.00 8 0o E 00 8 13,92D OR 8 lR7D 42 8 B563 36 E 2,75000 E 22,000 OF8 90 8 122 DEM OUT ON OF 0'ASBES70S CEM ENT WATERILIN E IFF S s D S D $ m 8 0 8 D0 8 0 8 ON 8 M8 m 8 0 8 DO 8 0 8 D 8 9,159 DID 1D038 40 123 REMO-IF OF E)OSITING 12-WATERLINE IFF i 21J. S m 8 17.1 8 11m 8 m 8 m 8 8 OR 8 t 8 1 8 m 8 OF 8 0 8 124 USE HYDRANT ASSEMBLY EA S s D S m 8 0o E m 8 m 8 Do 8 00 8 m 8 2 8 36 $ m 8 0 8 90 8 125 lDRE HYDRANT ASS LF9 5 D S m 8 00 8 0 8 m 8 0 8 0 8 m 8 w 8 0 8 0 8 0 8 0 8 B,292 SO HE o s o sD.J. 8 m 8 m 8 m 8 m 8 0 8 m 8 63 E 0 8 0 8 OF 8 96 8 1114. 9 5 o s m 8 0 8 0 8 m 8 0 8 0 8 0 8 t E 9 8 0 8 0 8 9 E 122 V172,A LH LINWFACTTTR�'NG ALA s s D S m 8 0 8 m 8 m 8 m 8 0 8 m 8 3 8 5 8 0 8 BE 8 ea 8 52,21700 a s 0 5 m 8 0 8 m 8 0 8 0 8 0 8 OR 8 9 8 8 0 8 - 8 2 8 1 5 m S m $ m $ m 8 m $ OR S OR S OR 8 m $ OR S OR S 2o S m 8 3575 OR SUBTOTAL PART I-WATER TS IIt911511 th.lam) E 52E,47SwD E t, E E t, E a E t, E 1284 103 68 Bond 2020 Streets Pavement Design Recommendations Proposed Pavement Project Name Plasti(P) Index Design/Bid Notes Recommendation Airport(Morgan to Horne) 35 to 65 Asphalt High PI,Residential Collector,old airport runway pavement under existing street Alameda(Texan Trail to Chamberlain) 40 to 50 Asphalt High PI,Arterial Street,previous sections asphalt Brownlee(Staples to Morgan) 30 to 50 Asphalt High PI,Residential Collector Carroll(Holly to Dead End) 20 to 47 Asphalt Varying with high PI,Residential Collector Comanche(Carancahua to Alameda) 30 to 60 Asphalt High PI,Residential Collector Hearn(Callicoatte to Dead End) 30 to 50 Asphalt High PI,Residential Collector Lipes(Sunwood to Staples) 12 to 57 Asphalt Varying with high PI,Residential Collector, previous sections asphalt Strasbourg-Grenoble to Marseille 0 to 53 Asphalt Varying with high PI,Residential Collector, previous sections asphalt Encantada-Encantada to Nueces County TXDOT Recommendation Park&PR 22 0 (Mostly Asphalt) Intersection Improvements PR22-Compass to PR22 0 TXDOT Recommendation Median Improvements (Mostly Asphalt) Rodd Field(Yorktown to Adler) 2 to 56 TXDOT Recommendation Varying with high PI,Temporary-to be built (Mostly Asphalt) to full cross section in future Beach Access Road-SH 361 to Beach 0 Concrete Low PI,Easy to maintain Varying with high PI,Residential Collector, Flato(Bates to Bear) 8 to 47 Concrete previous section concrete,high truck traffic ,industrial area Waldron-SPID to Purdue 0 to 13 Concrete Pavement Repairs Concrete Pavement Repairs Everhart(Alameda to Staples) 32 to 50 Asphalt and Concrete High PI,Arterial Street Everhart(Staples to McArdle) 27 to 71 Asphalt and Concrete High PI,Arterial Street Frontier(McKinzie to Rockwood) 23 to 33 Asphalt and Concrete Varying PI,Residential Collector Jackfish(End to Aquarius to Park Rd 22) 0 to 20 Asphalt and Concrete Low PI,Residential Collector Park Rd 22-South Access Rd(Commodore 0 Asphalt and Concrete Low PI,Residential Collector to Jackfish) Trinity River(FM624 to Wood River) 0 to 50 Asphalt and Concrete Varying PI,Residential Collector Wildcat(FM624 to Teague) 0 to 24 Asphalt and Concrete Low PI,Residential Collector Yorktown(Rodd Field to Oso Creek Bridge) 20 to 56 Asphalt and Concrete Varying with high PI,Arterial Street Design Only Prepared by:Engineering Services July 16,2021 Page 1 Capital Improvement Plan 2023 thril 2025 City of Corpus Christi, Texas Project# 21064 Project Name Rodd Field (Yorktown to Adler) Type Reconditioning-Asset Longevity Department Public Works Useful Life 25 years Contact Director of Public Works Category Street-Construction Priority 2 Critical-Asset Condition\longevity Status Active Description This project includes construction of a new 2-lane roadway,new curb and gutter,sidewalks,ADA ramps,signage,pavement markings and street lighting.Project includes reconfiguration of Rodd Field/Yorktown Intersection.Utility improvements include water,wastewater,storm water and gas. This project is currently scheduled to begin construction in FY2023 and continue until completed. Schedules may be adjusted after design is completed or during annual CIP update. Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 2,020,000 1,700,000 3,720,000 Design 900,000 900,000 Storm Water-St. 993,600 993,600 Waste Water-St 200,000 398,400 598,400 Water-St. 200,000 328,400 528,400 Gas-St. 50,000 109,200 159,200 Eng,Admin Reimbursements 60,000 200,000 410,000 670,000 Total 960,000 3,663,600 2,946,000 7,569,600 Funding Sources Prior Years 2023 2024 2025 Total G.O.Bond 2020 480,000 2,220,000 2,100,000 4,800,000 Revenue Bonds 480,000 1,443,600 846,000 2,769,600 Total 960,000 3,663,600 2,946,000 7,569,600 Budget Impact/Other 71 There is no projected operational impact with this project,at this time.Once the project is completed it will be added to the Street Preventative Maintenance Program. 252 Corpus Christi Engineering Rodd Field Road (Yorktown Boulevard to Adler Drive) Council Presentation June 27, 2023 Project Location Corpus Chr sti Engineering frojetl Lwxuon - , s � �. y.� s M Location Map eaoxz .� m WEow � 5 w BAY BBBnE�B g � vWixcwa �, Y aaerarBWE aw nuAx sErswas � � ouosmxE � Q LAS B41L1£ AYEIWINE Wr000xausE PFHWWIE PROJECT NO. 24064 Construction Project Corpus Chr sti .@. Engineering This project will construct of Rodd Field Road from Yorktown Boulevard to Adler Drive . • New asphalt pavement, ten feet wide multi-use shared path • ADA compliant curb ramps, signage, pavement markings • street light improvements, traffic signal improvements • Utility infrastructure improvements to water, wastewater, and gas. • Roadside ditches for storm drainage Project Schedule Corpus Chr sti Engineering 2021-2023 1 2023-2024 Aug -Jan Feb - June July -April esig Bid/Award Project schedule reflects City Council award in June 2023 with anticipated completion by April 2024. �vs cr �o 0 v NggPqRPY ED AGENDA MEMORANDUM xss2 Action Item for the City Council Meeting of June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds P.E., Director of Engineering Services a effreye(a)-cctexas.com (361) 826-3851 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2(a)cctexas.com (361) 826-3169 RFQ 4489 Professional Architectural Services for FY 2023 and Bond 2022- Mass Selection of Design Consultants Master Services Agreements CAPTION: Motion awarding eight Master Services Agreements for various Professional Architectural Services in an aggregate not-to-exceed amount of$ 7,300,000.00, projects located Citywide, with FY 2023 funding available from the Capital Program, Bond Program Funds and operating budgets. SUMMARY: This item is for the approval of a mass selection of design consultants for Professional Architectural Services supporting the Capital Improvement Program. This item approves eight separate Master Service Agreements (MSA's) for general architectural and park projects. BACKGROUND AND FINDINGS: A Master Services Agreement (MSA) is a type of contract where work is accomplished through multiple Task Orders (TOs) under a blanket set of terms and conditions. These MSAs will issue TO's with Lump Sum (LS) fees or Not-to-Exceed (NTE) time and materials amounts based on an approved hourly rate schedule. MSAs are an efficient method to expedite smaller and more immediate architectural assignments. MSA TOs are typically used for projects ranging in size from $10,000.00 to $100,000.00. Larger assignments are procured individually through the routine process. Currently, Engineering Services has various MSAs for Professional Services. These contracts have expired, are about to expire, or have reached capacity on the contract limits and new contracts are required for planned improvements. Previously, MSA contracts were brought to Council for individual consideration. Staff determined this to be an unproductive practice due to the amount of staff time each item takes to be prepared and presented to Council. Additionally, though the need is immediate, the legacy process forced multiple MSA contracts to have to be considered between multiple Council meetings. This issue further contributed to delays in service. Staff estimates an average of 40 hours of staff time is saved by bundling the contract together for consideration. Additionally, this will allow the contracts to begin sooner, which affords the City an opportunity to respond more rapidly to emergency repairs. The following is a list of projects and summary of respective services: • General Community Development Block Grant Services—assist City with Community Development Block Grant Services (CDBG) projects like Salinas Park (21166), Central Kitchen Generator (23074), Ben Garza Gym Improvements (23075) • General Architectural Services —assist City with General Architectural Services for projects like City Hall Fencing and Gates (21023), Council Chambers Modernization (22011), American Bank Center Carpet Replacement (22087) • General MEP On-Call Services — assist City with General MEP On-Call Services for projects like ON Stevens Chemical Building Elevator (21136), Miradors Seawall Lighting Improvements (22027) • General Parks CIP & Bond Projects — assist City with General Parks CIP & Bond Projects like District Parks, Sherrill Park Military Monument (23052), Flour Bluff Dog Park (23049) The proposed MSAs are each for a one-year term with one-year renewal options to be administratively authorized. Individual task orders will be negotiated and approved administratively to meet the project requirements. COMPETITIVE SOLICITATION PROCESS: On January 18, 2023, the Contracts and Procurement Department issued a Request for Qualifications for Engineering Services with RFQ Number 4489 for Professional Architectural Services for FY2023 and Bond 2022. The City received a total of six Statements of Qualifications for General Engineering Services Category, seven Statements of Qualifications for Parks Category Architectural Services Category. The Selection committee consisted of representatives from Engineering Services and the operating departments. Firms were ranked based on eight factors: 1) experience on projects of similar scope and complexity; 2) demonstrated capability & capacity on comparable projects; 3) past performance; 4) team members with experience and qualifications; 5) team members experience with work of similar scope and complexity; 6) availability of resources to accomplish the work; 7) demonstrate understanding of scope of services; 8) demonstrate understanding and experience with similar service with a public agency. The selection committee is recommending awards to the following firms: • Bath Group • Chuck Anastos • Gignac Architects • Jacobs Engineering Group • Levy Dykema • Solka Nava Torno All the selected six firms are located in Corpus Christi. The consultants were selected for projects based on the evaluation criteria. Attached is the staff recommendation of award for each project. ALTERNATIVES: The alternative is not to award these contracts which will delay execution of all MSA contracts. Not awarding the contracts will also make it more difficult to respond to immediate issues requiring professional architectural services. FISCAL IMPACT: The proposed MSAs are each for a term of one-year with a one-year renewal option to be administratively authorized. The fiscal impact in FY2023-2025 is an amount that will likely not exceed one half of the $7,300,000.00 aggregate not-to-exceed amount. Funding is available from the FY2023-2025 Capital Program, Bond Program Funds and operating budgets. Specific funding details will be determined at the Task Order level based on work requested. FUNDING DETAIL: Funding will be allocated from appropriate fund sources as the various projects are identified. RECOMMENDATION: Staff recommends approval of the MSAs in an amount not to exceed $7,300,000.00 with architectural consultants for the Professional Architectural Services for Capital Improvement Projects. LIST OF SUPPORTING DOCUMENTS: List of Recommended Consultants & Projects Evaluation Matrices AE Contract Template RFQ 4489-Mass Selection of Design Consultants for Architectural Services Master Srvice Agreement Interested Contract Contract Value per Total contract Category Cat Project Name Contract Firms per Number o value Renewal firm value(all firms+all Firm 1 Firm 2 Firm 3 No. Type contracts years Project (Base) (Base+Reneval) terms) A.General General Community General A4 Development Block Grant MSA 6 1 $250,000 2 $ 500,000 $ 500,000 Chuck Anastos General A5 General Architectural SeMces MSA 6 3 $500,000 2 $ 1,000,000 $ 3,000,000 Solka Nava Tomo Chuck Anastos Levy Dykema General A6 General MEP Cn-Call Services MSA 6 2 $300,000 2 $ 600,000 $ 1,200,000 Bath Group Jacobs Engineering Group C.Parks Parks C4 General Parks CIP&Bond MSA 7 2 $650,000 2 1$ 1,300,000 $ 2,600,000 Levy Dykema Gignac Architects P roj ects Total No.of Contracts 8 Total Contrcat Value$ 7,300,000 RFQ No.4489 Professional Architectural Services for FY2023 and Bond 2022 General Engineering Services Proposal Evaluation Score Solka Nava TomJacobs Engineeringo Chuck Anastos Bath Group Levy Dykema Fresch Architects Group Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Licensing/Certification V No Material Lawsuits Past 5 Years No Material Regulatory Issues Past 5 Years �/ e® �/ V References Provided for Firm V, Technical Proposal Experience on projects of similar scope and complexity 7 6.4 6.4 5.8 6.4 6.4 5.3 Demonstrated capability&capacity on comparable projects 7 6.4 6.4 5.3 5.8 6.4 5.3 Past Performance 7 5.8 5.8 5.8 5.8 5.8 5.8 Team members with experience and qualifications 7 6.4 5.8 6.4 5.8 6.4 6.4 Team members experience with work of similar scope and complexity 7 6.4 5.8 6.4 5.8 5.8 6.4 Availability of resources to accomplish the work 7 5.8 5.8 6.4 6.4 6.4 5.3 Demonstrated understanding of the scope of services 14 12.8 12.8 12.8 11.7 11.7 12.8 Demonstrated understanding and experience with a public agency 14 12.8 12.8 12.8 12.8 10.5 12.8 Technical Scores 70 63.0 61.9 61.9 60.7 59.5 60.1 Interview Experience on projects of similar scope and complexity 4 4.0 4.0 4.0 4.0 4.0 3.2 Demonstrated capability&capacity on comparable projects 4 4.0 3.8 4.0 3.8 4.0 3.0 Past Performance 2 1.9 1.9 1.8 1.7 1.7 1.5 Team members with experience and qualifications 4 3.6 3.8 3.8 3.6 3.8 3.0 Team members experience with work of similar scope and complexity 4 3.8 3.8 3.8 3.6 4.0 3.0 Availability of resources to accomplish the work 2 1.6 1.8 1.6 1.8 1.7 1.6 Demonstrated understanding of the scope of services 5 5.0 5.0 5.0 4.8 5.0 3.8 Demonstrated understanding and experience with a public agency 5 5.0 5.0 5.0 5.0 4.8 2.8 Interview Scores 30 28.9 29.1 29.0 28.3 29.0 21.8 Grand Total 100 91.9 91A 90.9 88.9 88.5 81.9 RFQ No.4489 Professional Architectural Services for FY2023 and Bond 2022 Parks Category Architectural Services Jacobs Anast Associates Proposal Evaluation Score Turner Ramirez Levy Dykema Chuck dates s Fresch Architects Engineering Gignac Architects Ardurra Group Group Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Pass Licensing/Certification V V V V V V V No Material Lawsuits Past 5 Years V V VF VF No Material Regulatory Issues Past 5 Years _ V, V, V, V, References Provided for Firm V Technical Proposal Experience on projects of similar scope and complexity 7 5.95 7 4.9 5.25 5.95 5.25 4.9 Demonstrated capability&capacity on comparable projects 7 6.65 6.3 4.9 5.25 5.95 5.95 5.25 Past Performance 7 7 5.95 5.95 5.25 5.25 4.9 4.9 Team members with experience and qualifications 7 5.6 6.65 5.25 5.95 5.6 5.25 5.25 Team members experience with work of similar scope and complexity 7 6.65 5.95 5.6 5.95 4.9 5.95 5.25 Availability of resources to accomplish the work 7 5.95 5.6 5.25 5.6 4.9 4.55 5.6 Demonstrated understanding of the scope of services 14 12.6 13.3 9.8 9.8 9.8 10.5 9.8 Demonstrated understanding and experience with a public agency 14 12.6 11.9 11.2 10.5 9.8 10.5 10.5 Technical Score 70 63 62.65 1 52.85 1 53.55 1 52.15 52.85 51.45 Interview Experience on projects of similar scope and complexity 4 3.67 3.67 3.67 3.5 3.67 3.5 3.33 Demonstrated capability&capacity on comparable projects 4 3.83 3.83 4 3.33 3.67 3.67 3.17 Past Performance 2 1.75 1.75 1.835 1.585 1.585 1.585 1.5 Team members with experience and qualifications 4 3.67 3.67 3.5 3.5 3.83 3.33 3.33 Team members experience with work of similar scope and complexity 4 3.67 3.67 3.83 3.5 3.5 3.67 3.5 Availability of resourcesto accomplish the work 2 2 1.835 1.665 1.665 1.835 1.585 1.665 Demonstrated understanding of the scope of services 5 4.7875 4.5875 4.7875 4.375 4.375 4.5875 4.1625 Demonstrated understanding and experience with a public agency 5 4.5875 4.5875 4.5875 4.1625 4.375 3.9625 3.75 Interview Score 3028 27.6 27.88 25.62 26.84 25.89 24.41 Grand Total loo 91 90.25 80.73 79.17 78.99 78.74 75.86 se �O O� H SERVICE AGREEMENT NO. U MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES �N�ORPnPPS Ea 1852 This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and , an Corporation, Corpus Christi, Texas (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — PROJECT TASK ORDER................................................................................................2 ARTICLE 11 — COMPENSATION...........................................................................................................3 ARTICLE III — QUALITY CONTROL PLAN...........................................................................................4 ARTICLE IV— OPINIONS OF COST....................................................................................................4 ARTICLE V— INSURANCE REQUIREMENTS.....................................................................................4 ARTICLE VI - INDEMNIFICATION .......................................................................................................4 ARTICLE VII — TERM; RENEWALS; TIMES FOR RENDERING SERVICE.........................................5 ARTICLE VIII - TERMINATION OF AGREEMENT...............................................................................5 ARTICLE IX — RIGHT OF REVIEW AND AUDIT..................................................................................6 ARTICLE X— OWNER REMEDIES ......................................................................................................7 ARTICLE XI — CONSULTANT REMEDIES...........................................................................................7 ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION.......................................................................8 ARTICLE XIII — MISCELLANEOUS PROVISIONS...............................................................................9 EXHIBITS Pagel Rev. 21-3 ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. The general scope for these Task Orders is outlined in Exhibit A. More specific scopes of work will be issued for pricing when a task order is needed. Task Orders shall become a supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. Consultant will perform the Services in accordance with the approved Scope of Services and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are issued the fully executed Task Order to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as Exhibit D to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Page 2 Rev. 21-3 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.10 For project with potential utility conflicts: 1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.11 The Consultant agrees to conduct all communication through and perform all project-related functions utilizing the City's project management system known as e-Builder. This includes all correspondence, submittals, payment requests and processing, contract amendments and construction phase activities. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall price Task Orders in accordance with Exhibit B, Rate Schedule, subject to approval by the City. 2.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act. 2.4.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.5 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.6 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. Page 3 Rev. 21-3 2.7 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. ARTICLE III —QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV—OPINIONS OF COST 4.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 4.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 4.3 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 V— INSURANCE REQUIREMENTS 5.1 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. 5.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE VI - 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, Page 4 Rev. 21-3 employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, included in the indemnification above 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 VII —TERM; RENEWALS; TIMES FOR RENDERING SERVICE 7.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 7.2 This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of the Agreement until Task Orders are complete. 7.3 The term of this Agreement shall be for a period of_ years beginning on the Effective Date, unless extended by authority of the City Manager or designee. The Agreement may be renewed for up to renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 7.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE 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: Page 5 Rev. 21-3 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as "Draft" and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 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 the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources Page 6 Rev. 21-3 of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Upon reasonable prior notice, Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of defects, errors and 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 defects, errors and omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 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 II. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, epidemics, 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. Page 7 Rev. 21-3 11.2 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 remedy or (iii) request Alternative Dispute Resolution. 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 Alternative Dispute Resolution 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. 12.2.3 Mediation 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. Page 8 Rev. 21-3 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 12.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.5 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City's governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 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 engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or Page 9 Rev. 21-3 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, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 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 as part of this contract. 13.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.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 to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 13.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 13.13 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 13.14 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in any documents prepared by Consultant and included herein is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take Page 10 Rev. 21-3 precedence and control to resolve said conflict. 13.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. Page 11 Rev. 21-3 CITY OF CORPUS CHRISTI ENGINEERING, INC. Michael Rodriguez (Date) Name (Date) Chief of Staff Title Address City, State, ZIP (361) xxx-xxxx Office email@company.com APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary Page 12 Rev. 21-3 .gpUS GO ,� H c EXHIBIT A U SCOPE OF SERVICES 00 Polk" 1852 Master Services Agreement Consultant Proposal / Rate Sheet Exhibit B Page 1 of 1 +, N p p p o 0 0 0 0 0 0 0 00 0 0 0 O O O O O M O O O m m m LO M LO 0V Q 0 0 0 0 0 LO 0 0 ~ ~ ~ O O O M O UO Cl) N M N CO L E 0 04 a U cwt �. Q 0 0 00 0 O O O p 00 O 00 0 J mE O O O O O O O O m 0LO0LO 0Om m m o LO� 111- NN 0 NT0 rnV o a cn g '� O � I- LO I- � � M N LI- C%4 O� M LO � � � j K3 60} 60} 60} 60} Ef} Ef} O W O O 00 O O O O p p p O 00 O 0 0 0 09 0 0 0 o m m m 0 0 0 0 J V O O O O O 0 0 0 0 O O O O H N Ef3 Ef3 N S M W 61), 61), V 2 O O 00 O O O O p 00 O 00 O W N O O 99 O O O O m m m O O O O p M 4) 0 0 0 0 0 0 0 0 � � � O 0 0 0 Z 0 O O 60, 61), 0 61), 61), 61), 61), OHO O O O LO LO LO LO a a s W O O O O O O O O p p p 00 O O -� - 4) 99990 O O O m m m O 999 V 0 0 0 0 0 0 0 0 0 0 0 0 L o 66 o66 665 o LO LO oLOLO W W > O U LO o a� H X 'It N ? CO U X N O O 00 O O O O p p p O O O O LU X o o 0 0 0 0 0 0 o m m m o 0 0 0 2 O O O O i 0 0 LO 0 LO O N N ~ ~ ~ Iq LO Iq O CO) CO W Z Z O O O O f- W) N O r CO f� N f- a) W ++ H O Cl) S M 00 N 00 -If N V LV •V 0 U E!> E!> EA EA EA EA EA EA EA EA O LU ti � Ja '� N 0 0 0 0 0 O O O p p p 0 O O O ? N > 0 0 0 0 0 0 O O I-- 1-- O 1- J LO CN I- O Z N O N (D N M co J U 69- _7 I_ _ _ _ _ N Q U EA EA EA EA EA EA EA Z C3-.Z 0 0 0 0 0 O O O p p p 0 O O O W CO " O O O O O9 O O m m m 0 O O O W L 000000 000 � � � 0 000 00 � � Z6ov 06ov6ov 0 V), CN V), CN 0 cq � o U0 0 QN o LL O O 00 O O O O p 00 O 00 O Co0 + 0 o 0 0 0 0 0 0 o m m m O o 0 0 X00000 0000 000 Cl) CO r o o � 0 0 0 0 0 0 0 = W g ma as co U ci W Wcu LL 0 =' W c- 42 u°i >. .° Li ( W �- � 4) CU - LL d CU t5 cu o rn 2 Q F m � w V W v U V1 to d E L Q Q J N ca 0 70 o D a) c6 c6 °� U O cu _0 O o a m 0o d p m U cn Q a a 0 cn cn cn m Q ; ; Exhibit C Page 1 of 1 EXHIBIT D 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions or be maintained for 3 years after project completion. 1 .3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1 .4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1 Rev 12/20 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. 2 Rev 12/20 SUPPLIER NUMBER TO BE ASSIGNED BY CITE PURCHASING DIVISION tir►rr� City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi 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 applicaf�le, 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 Owner E]4. 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 Title N/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 Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked 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 Consultant N/A EXHIBIT "E" Page 1 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 Date: Person: 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. EXHIBIT "E" Page 2 of 2 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 Article2—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 Article13—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 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 EXHIBIT F Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid -The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; EXHIBIT F Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; C. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; C. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; EXHIBIT F Page 3 of 22 b. Achieve Substantial Completion; and C. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. EXHIBIT F Page 4 of 22 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. EXHIBIT F Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, EXHIBIT F Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. EXHIBIT F Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. EXHIBIT F Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLES—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. EXHIBIT F Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. EXHIBIT F Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. EXHIBIT F Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. EXHIBIT F Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. C. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work EXHIBIT F Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. EXHIBIT F Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. EXHIBIT F Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. EXHIBIT F Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. EXHIBIT F Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. EXHIBIT F Page 18 of 22 C. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. EXHIBIT F Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop EXHIBIT F Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. C. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. EXHIBIT F Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION EXHIBIT F Page 22 of 22 � 9ng �x. CITYWIDE PROJECT W E CORPUS CHRISTI BAY R09° °u P p9DRf N 4 � sq n�s'a f ,s4ND xns °q 4 � o � 3 RCio Q� VICINITY MAP s NOT TO SCALE y 5 r S } CITYWIDE PROJECT x m ➢ p n ,y ,ml Pi AERIAL MAP NOT TO SCALE MASTER SERVICE AGREEMENT - CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS MASS SELECTION DEPARTMENT OF ENGINEERING SERVICES °�" �vs cr �o v NggPqRPY ED AGENDA MEMORANDUM xss2 Action Item for the City Council Meeting of June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds P.E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2a-cctexas.com (361) 826-3169 Bond 20220 and FY 2023 Professional Architectural Services Mass Selection of Architectural Design Consultants CAPTION: Resolution authorizing the negotiation and execution of 12 professional services contracts for Architectural Services in an amount not-to-exceed $6,765,000.00 with the architectural consultants who submitted Statements of Qualifications for the Bond 2022 and FY 2023 Parks and Facilities projects located Citywide, with funding available from the Bond 2022 and FY 2023 Capital Improvement Program Fund. SUMMARY: This item is for the approval of a mass selection of design consultants for Professional Architectural Services supporting the Capital Improvement Program. This item approves twelve separate Professional Services Agreements (PSA's) for general architectural and park projects. BACKGROUND AND FINDINGS: Bond 2022 Proposition B, C and D and FY 2023 Capital Improvement Program has several Park and Facilities projects that are located Citywide.These require Professional Architectural Services for the design services. This item will grant staff the ability to negotiate and execute professional services contracts with the architectural consultants. The estimate of$6,765,000.00 is based on an approximation of 8-9 percent of the estimated construction cost for a design fee budget. Since there are some projects funded for design only, the overall design budget is higher than 8-9 percent of the total construction budget. Traditionally, Engineering Services has presented the Council with individual design contracts for each project. This has created a large volume of agenda activity and delayed program execution on past programs. On Bond 2020, Proposition A — Streets Projects, the City followed a similar mass selection process for the engineering contracts. That expedited the execution of the Bond 2020 street program with 95% of the projects having design completed. Staff is seeking mass approval to expedite the execution of the projects. The subsequent construction contracts for these projects will be competitively bid on and presented to the council for action as individual action items. Upon the passage of this item, all projects will proceed to scoping, negotiation and contracting. Some projects should start design as early as July 2023. COMPETITIVE SOLICITATION PROCESS: On January 18, 2023, the Contracts and Procurement Department issued a Request for Qualifications for Engineering Services with RFQ Number 4489 for Professional Architectural Services for FY2023 and Bond 2022. The City received a total of six Statements of Qualifications for General Engineering Services Category, three Statements of Qualifications for Fire Category, seven Statements of Qualifications for Parks Category, six Statements of Qualifications for Police Category and five Statements of Qualifications for Health Category. The Selection committee consisted of representatives from Engineering Services and the operating departments. Firms were ranked based on eight factors: 1) experience on projects of similar scope and complexity; 2) demonstrated capability & capacity on comparable projects; 3) past performance; 4) team members with experience and qualifications; 5) team members experience with work of similar scope and complexity; 6) availability of resources to accomplish the work; 7) demonstrate understanding of scope of services; 8) demonstrate understanding and experience with similar service with a public agency. The selection committee is recommending awards to the following firms: • Bath Group • Brown Reynolds Watford Architects • Chuck Anastos • Fresch Architects • Levy Dykema • Solka Nava Torno • Turner Ramirez Six out of the seven firms are located in Corpus Christi. The consultants were selected for projects based on the evaluation criteria. Attached is the staff recommendation of award for each project. ALTERNATIVES: The alternative is to present these contracts to Council for individual consideration which will delay execution of the projects. FISCAL IMPACT: The fiscal impact in FY2023 is an amount of$6,765,000.00 with funding available from the Bond 2022 and FY 2023 Capital Improvement Program Fund. FUNDING DETAIL: Funding will be allocated from appropriate fund sources as the various projects are identified. RECOMMENDATION: Staff recommends approval of the PSA's in an amount not to exceed $6,765,000.00 with architectural consultants for the Professional Architectural Services for Bond 2022 Capital Improvement Projects. LIST OF SUPPORTING DOCUMENTS: List of Recommended Consultants & Projects Evaluation Matrices Resolution authorizing the negotiation and execution of 12 professional services contracts for Architectural Services in an amount not to exceed $6,765,000.00 with the Architectural Consultants who submitted Statements of Qualifications for the Bond 2022 and FY 2023 Parks and Facilities Projects located citywide, with funding available from the Bond 2022 and FY 2023 Capital Improvement Program Fund. WHEREAS, on November 8, 2022, voters approved Bond 2022 Propositions B to fund the design, renovation, expansion, equipping and construction of improvements to Park and Recreation facilities throughout the City; WHEREAS, some of these projects will require professional architectural design services and the City identified several Architectural Design Services Firms qualified to work on these projects through a Request for Qualification Process; WHEREAS, this item will grant City Engineering Staff the ability to negotiate and execute professional services contracts with pre-qualified architectural and engineering firms, most of which are located in Corpus Christi. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute professional services agreements with Architectural Services Firms listed below for Bond 2022 and FY 2023 Capital Improvement Program projects in a cumulative amount not to exceed $6,765,000.00: • Bath Group; • Brown Reynolds Watford Architects • Chuck Anastos • Fresch Architects • Levy Dykema • Solka Nava Torno • Turner Ramirez Section 2. In the event one of these architectural design firms fails to execute a professional services agreement with the City for a Bond 2022 or FY 2023 Capital Improvement Program project or fails to perform under an executed contract for the project, the City Manager or designee is authorized to execute a contract for the project(s) with a different firm authorized under Section 1 of this Resolution. PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor RFQ 4489 Professional Architectural Services for FY2023 and Bond 2022 Category Cat No. Program Project Name Total Budget Top Ranked Firm Design Budget A General City Hall HVAC Rehabilitation and Lighting General Al CIP $ 650,000 Bath Group Improvements General A2 CIP Fleet Vehicle Wash Facility $ 150,000 Solka Nava Tomo General A3 Bond 2022 La Retama Central Library Renovation $ 350,000 Solka Nava Tomo B.Fire Fire B1 Bond 2022 Fire Station#10 Replacement $ 600,000 Brown Reynolds Watford Architects Fire B2 Bond 2022 Fire Station#8 Replacement $ 600,000 Brown Reynolds Watford Architects Fire Department Resource Center-Phase Fire B3 Bond 2022 $ 350,000 Turner Ramirez 2(Wellness&Training) C.Parks Parks Tourist District Facility and Parks C1 CIP $ 400,000 Fresch Architects Warehouse Zahn Road Restrooms Facility at Gulf Parks C2 CIP $ 600,000 Chuck Anastos Associates Beach Parks C3 Bond 2022 Commodore Park $ 700,000 Turner Ramirez D.Police Police D1 Bond 2022 Far South Police Substation $ 275,000 Tumer Ramirez Police D2 Bond 2022 Calallen Police Substation $ 275,000 Tumer Ramirez E.Health Public Health Department Building Health E1 CIP $ 1,200,000 Levy Dykema Improvements Contract Value $ 6,150,000 Contingency(10%) $ 615,000 Total Design Contrcat Value $ 6,765,000 RFQ No.4489 Professional Architectural Services for FY2023 and Bond 2022 General Engineering Services Proposal Evaluation Score Solka Nava TomJacobs Engineeringo Chuck Anastos Bath Group Levy Dykema Fresch Architects Group Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Licensing/Certification V No Material Lawsuits Past 5 Years No Material Regulatory Issues Past 5 Years �/ e® �/ V References Provided for Firm V, Technical Proposal Experience on projects of similar scope and complexity 7 6.4 6.4 5.8 6.4 6.4 5.3 Demonstrated capability&capacity on comparable projects 7 6.4 6.4 5.3 5.8 6.4 5.3 Past Performance 7 5.8 5.8 5.8 5.8 5.8 5.8 Team members with experience and qualifications 7 6.4 5.8 6.4 5.8 6.4 6.4 Team members experience with work of similar scope and complexity 7 6.4 5.8 6.4 5.8 5.8 6.4 Availability of resources to accomplish the work 7 5.8 5.8 6.4 6.4 6.4 5.3 Demonstrated understanding of the scope of services 14 12.8 12.8 12.8 11.7 11.7 12.8 Demonstrated understanding and experience with a public agency 14 12.8 12.8 12.8 12.8 10.5 12.8 Technical Scores 70 63.0 61.9 61.9 60.7 59.5 60.1 Interview Experience on projects of similar scope and complexity 4 4.0 4.0 4.0 4.0 4.0 3.2 Demonstrated capability&capacity on comparable projects 4 4.0 3.8 4.0 3.8 4.0 3.0 Past Performance 2 1.9 1.9 1.8 1.7 1.7 1.5 Team members with experience and qualifications 4 3.6 3.8 3.8 3.6 3.8 3.0 Team members experience with work of similar scope and complexity 4 3.8 3.8 3.8 3.6 4.0 3.0 Availability of resources to accomplish the work 2 1.6 1.8 1.6 1.8 1.7 1.6 Demonstrated understanding of the scope of services 5 5.0 5.0 5.0 4.8 5.0 3.8 Demonstrated understanding and experience with a public agency 5 5.0 5.0 5.0 5.0 4.8 2.8 Interview Scores 30 28.9 29.1 29.0 28.3 29.0 21.8 Grand Total 100 91.9 91A 90.9 88.9 88.5 81.9 RFQ No. 4489 Professional Architectural Services for FY2023 and Bond 2022 Fire Category Architectural Services Proposal Evaluation Score Brown ReynoldsTurner Ramirez RVK Architecture Watford Architects Minimum Qualifications Pass/Fail Pass Pass Pass Licensing/Certification No Material Lawsuits Past 5 Years No Material Regulatory Issues Past 5 Years References Provided for Firm Technical Proposal Experience on projects of similar scope and complexity 7 7.0 7.0 6.3 Demonstrated capability&capacity on comparable projects 7 7.0 6.3 6.3 Past Performance 7 6.0 6.3 5.3 Team members with experience and qualifications 7 6.7 6.3 6.3 Team members experience with work of similar scope and complexity 7 7.0 6.7 6.0 Availability of resources to accomplish the work 7 1 6.7 1 6.0 6.0 Demonstrated understanding of the scope of services 14 14.0 12.6 13.3 Demonstrated understanding and experience with a public agency 14 14.0 14.0 13.3 Technical Score 70 68.3 65.1 62.7 Interview Experience on projects of similar scope and complexity 4 3.9 3.9 3.7 Demonstrated capability&capacity on comparable projects 4 3.9 3.9 3.4 Past Performance 2 1.7 1.6 1.6 Team members with experience and qualifications 4 3.9 3.9 3.6 Team members experience with work of similar scope and complexity 4 3.9 3.9 3.4 Availability of resources to accomplish the work 2 1.7 1.6 1.6 Demonstrated understanding of the scope of services 5 4.8 4.5 4.5 Demonstrated understanding and experience with a public agency 5 4.8 4.8 4.6 Interview Score 30 28.5 27.9 26.5 Grand Total 100 96.8 93.0 89.1 RFQ No.4489 Professional Architectural Services for FY2023 and Bond 2022 Parks Category Architectural Services Jacobs Anast Associates Proposal Evaluation Score Turner Ramirez Levy Dykema Chuck dates s Fresch Architects Engineering Gignac Architects Ardurra Group Group Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Pass Licensing/Certification V V V V V V V No Material Lawsuits Past 5 Years V V VF VF No Material Regulatory Issues Past 5 Years _ V, V, V, V, References Provided for Firm V Technical Proposal Experience on projects of similar scope and complexity 7 5.95 7 4.9 5.25 5.95 5.25 4.9 Demonstrated capability&capacity on comparable projects 7 6.65 6.3 4.9 5.25 5.95 5.95 5.25 Past Performance 7 7 5.95 5.95 5.25 5.25 4.9 4.9 Team members with experience and qualifications 7 5.6 6.65 5.25 5.95 5.6 5.25 5.25 Team members experience with work of similar scope and complexity 7 6.65 5.95 5.6 5.95 4.9 5.95 5.25 Availability of resources to accomplish the work 7 5.95 5.6 5.25 5.6 4.9 4.55 5.6 Demonstrated understanding of the scope of services 14 12.6 13.3 9.8 9.8 9.8 10.5 9.8 Demonstrated understanding and experience with a public agency 14 12.6 11.9 11.2 10.5 9.8 10.5 10.5 Technical Score 70 63 62.65 1 52.85 1 53.55 1 52.15 52.85 51.45 Interview Experience on projects of similar scope and complexity 4 3.67 3.67 3.67 3.5 3.67 3.5 3.33 Demonstrated capability&capacity on comparable projects 4 3.83 3.83 4 3.33 3.67 3.67 3.17 Past Performance 2 1.75 1.75 1.835 1.585 1.585 1.585 1.5 Team members with experience and qualifications 4 3.67 3.67 3.5 3.5 3.83 3.33 3.33 Team members experience with work of similar scope and complexity 4 3.67 3.67 3.83 3.5 3.5 3.67 3.5 Availability of resourcesto accomplish the work 2 2 1.835 1.665 1.665 1.835 1.585 1.665 Demonstrated understanding of the scope of services 5 4.7875 4.5875 4.7875 4.375 4.375 4.5875 4.1625 Demonstrated understanding and experience with a public agency 5 4.5875 4.5875 4.5875 4.1625 4.375 3.9625 3.75 Interview Score 3028 27.6 27.88 25.62 26.84 25.89 24.41 Grand Total loo 91 90.25 80.73 79.17 78.99 78.74 75.86 RFQ No.4489 Professional Architectural Services for FY2023 and Bond 2022 Police Category Architectural Services Brown Reynolds International Proposal Evaluation Score Ramirez Turner Watford Gignac Architects Consulting Levy Dykema Chuck AssociatesAnasts Associates Architects Engineers Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Licensing/Certification No Material Lawsuits Past 5 Years -4i No Material Regulatory Issues Past 5 Years References Provided for Firm Technical Proposal Experience on projects of similar scope and complexity 7 6.0 6.0 6.0 4.6 4.9 4.6 Demonstrated capability&capacity on comparable projects 7 6.0 5.6 5.3 4.2 4.9 4.6 Past Performance 7 6.0 5.6 4.6 4.6 4.9 4.9 Team members with experience and qualifications 7 6.0 6.0 5.3 4.9 5.3 4.9 Team members experience with work of similar scope and complexity 7 5.6 5.6 4.9 4.6 4.9 4.6 Availability of resources to accomplish the work 7 5.6 5.3 4.2 4.9 4.9 4.6 Demonstrated understanding of the scope of services 14 11.2 10.5 10.5 10.5 9.8 10.5 Demonstrated understanding and experience with a public agency 14 11.9 11.2 11.2 9.8 9.8 9.1 Technical Scores 70 58.1 55.7 51.8 48.0 49.4 47.6 Interview Experience on projects of similar scope and complexity 4 3.0 3.3 3.7 3.3 2.2 2.3 Demonstrated capability&capacity on comparable projects 4 3.2 3.3 3.0 2.8 2.0 2.3 Past Performance 2 1.5 1.5 1.2 1.3 1.3 1.6 Team members with experience and qualifications 4 3.5 3.3 3.5 2.8 2.7 2.8 Team members experience with work of similar scope and complexity 4 3.2 3.3 3.5 2.8 2.8 2.7 Availability of resources to accomplish the work 2 1.6 1.7 1.3 1.4 1.4 1.3 Demonstrated understanding of the scope of services 5 4.0 4.2 4.0 3.8 3.1 3.3 Demonstrated understanding and experience with a public agency 5 4.2 4.2 4.2 3.8 3.3 3.3 Interview Scores 30 24.1 24.8 24.3 22.0 18.9 19.8 Grand Total 1 100 1 82.2 1 80.5 1 76.1 1 69.9 1 68.2 1 67.4 RFQ No.4489 Professional Architectural Services for FY2023 and Bond 2022 Health Architectural Services Proposal Evaluation Score Chuck Anastos Gignac Architects Levy Dykema Solka Nava Torno Turner Ramirez Associates Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Licensing/Certification V V V V I/ No Material Lawsuits Past 5 Years V V V No Material Regulatory Issues Past 5 Years References Provided for Firm Technical Proposal Experience on projects of similarscope and complexity 7 4.2 5.3 6.7 6.0 6.3 Demonstrated capability&capacityon comparable projects 7 4.2 5.3 6.7 6.0 6.7 Past Performance 7 4.6 4.6 6.0 5.6 6.0 Team members with experience and qualifications 7 5.3 4.2 6.0 6.0 6.0 Team members experience with work of similar scope and complexity 7 4.2 4.2 6.0 5.6 6.0 Availability of resources to accomplish the work 7 4.9 4.2 6.3 5.6 5.6 Demonstrated understanding of the scope of services 14 8.4 9.1 13.3 11.9 13.3 Demonstrated understanding and experience with a public agency 14 9.1 9.813.3 11.9 12.6 Technical Scores 70 44.8 46.6 64.1 58.5 62.3 Interview Experience on projects of similar scope and complexity 4 2.6 3.0 4.0 2.8 3.6 Demonstrated capability&capacity on comparable projects 4 2.8 2.6 4.0 2.6 3.6 Past Performance 2 1.6 1.1 1.8 1.5 1.6 Team members with experience and qualifications 4 3.0 2.4 4.0 3.4 3.6 Team members experience with work of similar scope and complexity 4 3.2 2.6 3.8 2.8 3.4 Availability of resources to accomplish the work 2 1.6 1.2 2.0 1.4 1.5 Demonstrated understanding of the scope of services 5 3.5 3.8 5.0 3.8 5.0 Demonstrated understanding and experience with a public agency 5 4.3 3.8 5.0 3.85.0 Interview Scores 30 22.6 20A 29.6 22.0 27.3 Grand Total 100 67.4 67.0 93.7 80.5 89.6 �vs cr �o v NggPqRPY ED AGENDA MEMORANDUM xss2 Action Item for the City Council Meeting of June 27, 2023 DATE: June 20 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Robert Dodd, Director of Park and Recreation RobertD4(a)cctexas.com (361) 826-3133 Josh Chronley, CTCD, Assistant Director of Finance & Procurement joshc2@cctexas.com (361) 826-3169 Professional Service Contract Amendment Harbor Bridge Parks Mitigation (Bond 2014, Proposition 2) CAPTION: Motion authorizing Amendment No. 5 to a professional services contract with Halff Associates Inc, Corpus Christi, Texas, in an amount of $1,200,000, for a total contract value not to exceed $1,550,817.00 to finalize park design plans for areas surrounding the new Harbor Bridge including the former Washington Elementary School site, TC Ayers Park, Ben Garza Park, and Dr. HJ Williams Memorial Park (Hillcrest Park), located in Council District 1 with FY 2023 funding available from Bond 2014 Fund. SUMMARY: This motion authorizes approval of professional services contract amendment to finalize design plans for the new Harbor Bridge Parks Mitigation including the former Washington Elementary School site, TC Ayers Park, Ben Garza Park, Dr. HJ Williams Memorial Park (Hillcrest Park) and the associated trail connections and trailheads at each end of the new harbor bridge. BACKGROUND AND FINDINGS: The Harbor Bridge Parks Mitigation project was added to Bond `14 due to agreements between Texas Department of Transportation (TXDOT), the Metropolitan Planning Organization (MPO) and the City for mitigation of park and neighborhood impacts from the new Harbor Bridge construction. The park mitigation project addresses impacts to the former Washington Elementary School site and the three existing City Parks:TC Ayers Park, Ben Garza Park, and Dr. HJ Williams Memorial Park (Hillcrest Park). Some preliminary planning work has been completed in 2014 but the effort has been on-hold for few years due to the Harbor Bridge Buyout program in the Hillcrest/Washington Coles neighborhood area and the schedule slippage on the bridge. A professional services contract with Halff Associates Inc, was previously authorized by Council on September 14, 2021 for $258,341.00 to review the previous exhibits, prepare park program development plan, park concept planning, establish the appropriate Levels of Service (LOS) for each park, identify necessary hike and bike trail connections with community input and stake holder coordination, prepare/update cost estimates and the preliminary design report with 30% design plans. Currently the preliminary design is 90% complete. City has met with several stakeholders to get the approval regarding the improvements proposed at the sites.This item will authorize the design consultant to prepare the final design and construction documents. COMPETITIVE SOLICITATION PROCESS Halff Associates Inc. was selected to provide planning and design services in January 27, 2021 under RFQ 3409. The selection committee with representatives Parks and Recreation and Engineering Services ranked Freese & Nichols qualifications based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with multiple Bond street programs and local utilities, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Halff Associates Inc. has completed other projects for the City, Cole Park Master Plan, 10-Year Parks and Recreation Master Plan (3rd time), and Bill Witt Master Plan. ALTERNATIVES: Any alternative to awarding this contract to Halff Associates Inc., will delay construction of the project. This project construction must be completed by the end of December 2025. the completion date is based on an agreement between the City and TxDOT. FISCAL IMPACT: The fiscal impact for FY 2023 is the amount of $1,200,000.00 with funding available from the Bond 2014. FUNDING DETAIL: The CIP shows that the project is planned for FY 2023. The project has funds in an amount of $3,500,000.00 available from Bond 2014, Proposition B and $2,500,000.00 planned to be available from MPO. The MPO funds are not appropriated to date. The MPO funds will be appropriated at a later date with an Advance Funding Agreement (AFA) between the City and the TXDOT by Council action. The conceptual plan needs to be finalized before the AFA execution. The project is ready to be implemented and the expenditures shown in the CIP need to be revised to reflect the accurate design budget of this project. Fund: PK&R Bond 2014(Fund 3294) Department: Parks & Rec (27) Project No.: Harbor Bridge Replacement Mitigation & Support Projects (Project No. E15101) Account: Outside Consultants (550950) Activity: E15101-01-3294-EXP Amount $1,200,000.00 RECOMMENDATION: Staff recommends award of the contract to Halff Associates Inc. in the amount of$1,200,000.00. The design of the project will begin in July 2023 with anticipated completion by December 2023 and construction completion by December 2025. LIST OF SUPPORTING DOCUMENTS: Location Maps CIP Page Project Location �. gREWSTER r Location Map gREWSTER H�GHEs z y � RESACA QFC v h� � f ITZGE�' � .^ Qv FS QP pFMpSFy SIMM gTCy � n �^ 2J`v roN oQ2 �vQ Q°� 2�p Vim° ,�,Q CyiA�To '� `� gELDEN Y No ��BiRr koFpkF ,y�H w�HHFe9 LAKE Z H C3��P L° � gkFs TOH Go az �Q TW I GG W � 0 3 TAYLOR BUFFALO $ BUFFALO OJ STARR ANTELOPE ANTELOPE Q w ll*—Q 0 m Q LEOPARDLEOPARD N Wa w N Q u = m -•- Z _ U J MESTINA w MESTINA Z to 00,.. Ov X z -UPRIVER _ LIPAN" w cn ANCHE� CO .� HOWARD vi a HOWARD � 6�-HCNE R . . . . s - HOWARD CAI-DWEI"h .. 2 i 'MUSSETT Qa w MUSSETT r 1CINNEY P' REDO^ w , Legend A X O t AGNES 1. Dr HJ Williams Memorial Park -� �^ 3 z (Hillcrest Park) _ z y �, o 2. T.C. Ayers Park ° ,.: �RGUERIT°E , C..,-,Co .m rn W = PARK" D 3. Washington Coles Park R Iw- Mp Y r 4. Ben Garza Park �� Q w "^ rn � :. ' COLEMAN u Hike and Bike Trail LA m, w, w Y oTrai[head N m m'' . Fu- t zA PROJECT,, NO: E15101 -- RUTH s m RUTH _ ; HANcuLn� HANCOC K Harbor Bridge CITY COUNCIL EXHIBIT Parks Mitigation CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES """ Capital Improvement Plan 2023 thr" 2025 City of Corpus Christi, Texas Project# E15101 Project Name Harbor Bridge Mitigation & Support Projects Type Improvement/Additions Department Parks and Recreation Useful Life 25 years Contact Parks Director Category Park Improvements Priority 2 Critical-Asset Condition4ongevity Status Active Description Project will improve Parks and Bike and Hike Trails associated with the new Harbor Bridge project. Justification Existing parks will be upgraded and incorporated into new bridge construction plans. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 3,690,949 3,690,949 Inspection 116,120 116,120 Design 369,534 1,200,000 1,569,534 Eng,Admin Reimbursements 121,423 259,394 200,000 580,817 Total 490,957 1,459,394 4,007,069 5,957,420 Funding Sources Prior Years 2023 2024 2025 Total G.O. Bond 2014 490,957 1,459,394 1,507,069 3,457,420 Grant-MPO 2,500,000 2,500,000 °Total 490,957 1,459,394 4,007,069 5,957,420 Budget Impact/Other 71 Increased annual maintenance costs to be budgeted in the Parks and Recreation operating budget to maintain improvements and amenities. 76 Capital Improvement Plan 2023 thr" 2025 City of Corpus Christi, Texas Project# E15101 Project Name Harbor Bridge Mitigation & Support Projects I' Type Improvement/Additions Department Parks and Recreation Useful Life 25 years Contact Parks Director Category Park Improvements Priority 2 Critical-Asset Condition4ongevity Status Active Description Project will improve Parks and Bike and Hike Trails associated with the new Harbor Bridge project. Justification Existing parks will be upgraded and incorporated into new bridge construction plans. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 2,590,949 2,300,000 4,890,949 Inspection 116,120 116,120 Design 369,534 369,534 Eng,Admin Reimbursements 121,423 259,394 200,000 580,817 Total 490,957 2,966,463 2,500,000 5,957,420 Funding Sources Prior Years 2023 2024 2025 Total G.O. Bond 2014 490,957 2,966,463 3,457,420 Grant-MPO 2,500,000 2,500,000 Total 490,957 2,966,463 2,500,000 5,957,420 Budget Impact/Other 71 Increased annual maintenance costs to be budgeted in the Parks and Recreation operating budget to maintain improvements and amenities. 76 SC �o lh � p'0 F v NoAPoapYE° AGENDA MEMORANDUM xss Action Item for the City Council Meeting of June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)cctexas.com (361) 826-3851 Wesley Nebgen, Director of Water System Infrastructure wesleyn(a-)cctexas.com (361) 826-3111 Josh Chronley, CTCD, Assistant Director of Finance & Procurement Joschc2(a-)-cctexas.com 361-826-3169 Professional Services Contract Corpus Christi Water Utilities Building Warehouse CAPTION: Motion authorizing a professional services contract with RVK Architecture, San Antonio, Texas, for the design of a new Corpus Christi Water Utilities Building Warehouse located in Council District 3, in an amount not to exceed $609,187.00, with FY 2023 funding available from Water Capital Fund. SUMMARY: This motion authorizes approval of a professional services contract to provide design, bid, and construction phase services for the Corpus Christi Water Utilities Building Warehouse. This project is to design a turnkey, approximately 40,000 square foot warehouse facility that is outfitted with warehouse space, offices, equipment, checkout counter, equipment cages and a maintenance area. BACKGROUND AND FINDINGS: Corpus Christi Water (CCW) procures and manages more than ten million dollars in inventory every year. A significant portion of this inventory is safety stock which ensures all tools and materials are available in the event of a water or wastewater failure. The remaining items are utilized for new construction, development, safety, and general maintenance. Prior to 2021, a city warehouse, operated by procurement, purchased and maintained approximately half of CCW's most used materials. The warehouse also managed smaller inventories for public works, gas and a few other departments. However, a study conducted found the overwhelming use of the city warehouse was by CCW and suggested the individual departments take ownership of the warehouse responsibilities. CCW currently utilizes approximately 4,000 sq. ft. of what was the old warehouse's available 15,000 sq. ft. The remaining portion houses and supplies facility maintenance. CCW currently stores the most sensitive items in this shared warehouse with facilities and several other portable out-buildings. The remaining materials are stored outdoors in the materials yard. This inventory is sensitive to environmental factors such as UV, rain and general exposure which cause degradation to coatings, weakening of material strength, and corrosion. The proposed CCW warehouse will consist of a 30,000 square foot storage facility and check-out counter and maintenance area. The facility will house all those items currently stored in the shared space, along with all environmentally sensitive materials currently stored in the open-air storage yard. By housing the majority of inventory in one building inventory levels, back stock and security will be more easily managed. Additional funds will be used for improvements to the current CCW building, electrical, HVAC and back-up generator. PROJECT TIMELINE 2023 - 2024 1 2024 - 2025 June — February March — May June — October Design Bid/Re-Bid Construction Projected schedule reflects City Council award design services in June 2023, with conceptual design, and permitting completion anticipated by end of February 2024. The project schedule is dependent on a timely issuance of Notice to Proceed and is based on estimated time periods for review. COMPETITIVE SOLICITATION PROCESS: RVK was selected for the Professional Engineering Service in January 2022 under RFQ 3977, Professional Engineering Services for Capital Improvement Projects FY2022. RVK is one of 9 firms that submitted qualifications for this project announcement. On December 21, 2021, the Contracts and Procurement Department issued a Request for Qualifications for engineering services with the RFQ Number 3977 for Professional Engineering Services for Capital Improvement Projects FY2022. The City received a total of 9 Statements of Qualifications. The selection committee consisted of representatives from Engineering Services, Asset Management, and the City Manager's Office (non-scoring member). ALTERNATIVES: City Council could choose not to approve the proposed professional services agreement; however, the Corpus Christi Water Utilities Building Warehouse is an approved project in the Water Department CIP for FY 2023, and it will cause a delay in the development of the unified Corpus Christi Water Utilities Building Warehouse if this professional services agreement is not approved. FISCAL IMPACT: The fiscal impact in FY 2023 is an amount of$609,187.00 with funding available from the Water Department revenue bonds. FUNDING DETAIL: Fund: Water 2023 CIP (Fund 4486) Project: Corpus Christi Water Utilities Building Warehouse (23080) Account: Outside Consultants (550950) Activity: 23080-4486-EXP Amount $609,187.00 RECOMMENDATION: Staff recommends approval of the professional services contract with RVK, in an amount not to exceed $609,187.00 for Corpus Christi Water Utilities Building Warehouse. The design will begin in June 2023 with estimated design completion in February 2024. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Evaluation Matrix Contract CIP Page PowerPoint RFQ No.3977 Professional Engineering Services for Capital Improvement Projects FY2022 Utility Building Proposal Evaluation Score Bath Group fresch architects GMS Architects International Jacobs Engineering Mendez Engineering RVK Architecture Consulting Engineers Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Pass Licensing/Certification V V/ %/ �/ �/ �/ v/ No Material Lawsuits Past 5 Years %/ %/ No Material Regulatory Issues Past 5 Years %/ %/ %/ References Provided for Firm %/ %/ %/ %/ Technical Proposal 80 40 67 1 74 42 33 31 78 Experience on projects of similar scope and complexity 7 2 7 7 4 2 2 7 Demonstrated capability&capacity on comparable projects 7 2 7 7 4 2 2 7 Past Performance 7 4 5 5 4 4 4 5 Team members with experience and qualifications 7 4 5 7 4 4 4 7 Team members experience with work of similar scope and complexity 7 4 5 5 2 2 2 7 Availability of resources to accomplish the work 7 4 5 5 4 4 2 7 Demonstrated understanding of the scope of services 19 10 19 19 10 10 10 19 Demonstrated understanding and experience with a public agency 19 10 14 19 10 5 5 19 Interview 20 0 18 14 0 0 0 20 Demonstrated Experience providing these Services 5 0 4 3 0 0 0 5 Team members with experience and qualifications 5 0 5 4 0 0 0 5 Demonstrated understanding of scope of services 3 0 2 2 0 0 0 3 Knowledge of Similar Services 3 0 3 2 0 0 0 3 Capability to perform work 4 0 4 3 0 0 0 4 Total 100 40 85 88 42 33 31 98 Capital Improvement Plan 2023 111ril 2025 City of Corpus Christi, Texas Project# E15157/23080 Project Name CC Water Utility Building/Warehouse `" w Type Improvement/Additions Department Water Department _ Useful Life 25 years Contact Director of Water Utilities Category Water Distribution Priority 2 Critical-Asset Condition\longevity t Status ActiveeT Description The purpose of this project is to improve Water Utilities building as well as handling,inventory and security of various materials used in daily operations.Project E15157 is intended for Utility Building improvements to include the roof and other needs.Additionally,construct a 40,000 SF warehouse facility project 23080 that is outfitted with warehouse space,offices,equipment check-out counter,equipment cages,and maintenance area.Materials such as pipe,fittings,meters,and electronics are currently stored in small portable buildings located at the Utilities yard or in open air conditions subjecting inventory to harsh environmental conditions and making proper inventory management difficult. The construction of a new warehouse would allow for the proper stocking levels of all inventory needed to maintain the water distribution system and the wastewater collections stem,minimize the exposure of materials to environmental factors,and increase the controls on management of these materials. Justification The proposed expansion will improve the operational capacity of the Utilities Department. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 6,500,000 3,500,000 10,000,000 Design 146,000 800,000 946,000 Eng,Admin Reimbursements 10,805 80,000 300,000 300,000 690,805 Total 156,805 880,000 6,800,000 3,800,000 11,636,805 Funding Sources Prior Years 2023 2024 2025 Total Revenue Bonds 156,805 880,000 6,800,000 3,800,000 11,636,805 Total 156,805 880,000 6,800,000 3,800,000 11,636,805 Budget Impact/Other 71 A reassessment will be done upon completion of project to determine on-going or maintenance costs. 399 ; «� t -:27� PROJECT LOCATION N SCALE: N.T.S. Doyle Q l v B J tl r ortland LOCATION MAP NOT TO SCALE NUECES BAY c oRRI�R z o CORPUS CHRISTI SHIP C LEOPARD O a i as s ICORPUS NTERNATIOHRISTI F mow, 266 PROJECT LOCATION v AIRPORT pR0 358 z k 9/ z N N 9 N O TEXAS A&M UNIVERSITY S'OkY CORPUS CHRISTI 358 CABANISS � Z OSO BAY CORPUS CHRISTI C9 FIELD Q NAVAL AIR STATION as O p0 FLOUR BLUFF e r 358 286 ] � _(♦ a�44 4 Qac, o pr � 4 Q- 2444 Rio VP ars 0 VICINITY MAP NOT TO SCALE PROJECT NUMBER: 23080 CC WATER UTILITY BUILDING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS WAREHOUSEDEPARTMENT OF ENGINEERING SERVICES .. ry • ti PROJECT LOCATION ' - SCALE. N.T.S. 40 Y1 u {t§e Yr ' u u _ w4 n s R ry A *tdk, m r .d n AERIAL MAP 'A w a �'° I PROJECT NUMBER: 23080 % T TO SCALE� NO CC WATER UTILITY BUILDING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS WAREHOUSE DEPARTMENT OF ENGINEERING SERVICES j®r A R C H Y T E C T U R E 2002 N.Sairt Mary's St. San Antonio,TX 78212 210.733.3535 May 24, 2023 Revision 2 Jeffrey H. Edmonds, P. E. Director of Engineering Services City of Corpus Christi Engineering Services Department 1201 Leopard Street Corpus Christi, TX 78401 RE: 23080 Corpus Christi Water Utility Building/Warehouse 2726 Holly Road Warehouse Corpus Christi, Texas JEFFREY,thank you for the opportunity to submit the enclosed revised proposal for architectural services. If this proposal is acceptable to you, please let it serve as our agreement. Please sign the last page and return the entire agreement via email to Pam Cearley at pam.cearley@rvkarchitecture.com. If you have any questions regarding the proposal, please contact me. We look forward to working with you. 1 ' Elizabeth Hurd, AIA Vice President, Architecture Enclosure EH:psc z:\2021\21270b-corpus christi-utility building\contracts\21270.b rvk 23080 cc water utility bldg warehouse rev 2 proposal 05.24.23.docx DESIGNS THAT DELIVER SUCCESS NkarrhitG—Lire.com Proposal/Agreement for 23080 Corpus Christi Water Utility Building/Warehouse Revision 2 1 PROJECT SCOPE The project consists of the construction of a new 40,000 sq. ft. Utility Building/Warehouse—See Exhibit "A" for Scope of Work. The site is located at 2726 Holly Road Warehouse, Corpus Christi,Texas. We will provide a new 40,000 sq. ft. warehouse facility that is outfitted with warehouse space, offices, equipment checkout counter, equipment cages, and a maintenance area. Refer to "Exhibit A" for scope of work. The project construction budget is not yet determined. DESIGN PHASE BASIC SERVICES 1. Schematic Design - Based on Site and Program information provided from the Design meetings, we will prepare Floor Plans illustrating the size and relationship of the project components. We will develop design sketches to determine the scale and character of the project. Deliverable is a 30% design set. 2. Design Development - Based on the approved Schematic Design work, we will prepare additional drawings and other documents to further develop the design and begin providing detailed Drawings. Deliverable is a 60%design set. We will provide two(2) Renderings at 100% Design; an aerial view and a front elevation view to be delivered digitally in a large file format. During this phase, our Consultants will determine the Civil, Structural, Mechanical, Electrical, and Plumbing requirements and systems to be used, as appropriate. 3. Construction Documents - Based on the approved Design Development work, we will prepare architectural construction drawings and specifications setting forth the requirements for the construction of the project. During this phase, our Consultants will prepare the drawings and specifications for the Civil, Structural, Mechanical, Electrical, and Plumbing engineering portions of the project. Deliverable is a 90%, a 100% and a signed and sealed Bid set. 4. Landscape Architecture a. Planting Plan - We will design, document and provide construction documentation for the softscape (planting and irrigation)that will comply with the City of Corpus Christi Landscape Ordinance. This will include an option of redesigning the landscape islands as needed if there is a Parking Lot reconfiguration. b. Landscape Permit - Based on the approved Schematic Design work, we will provide drawings that will comply with the City of Corpus Christi Landscape Ordinance. Meetings may include telephone conversations and/or meetings personally attended by the landscape architectural team with the City of Corpus Christi Staff, if needed. If,during construction, changes are made to the planting or irrigation plan, RVK will submit those revisions as a post permit submittal to the City of Corpus Christi for their use during the final inspection for Certificate of Occupancy. c. Irrigation Consultant—Review of the Irrigation System design and installation will be by the Landscape Architect and the Owner's Representative. In general, the automatic Irrigation System layout and capacity shall be consistent with the nature and extent of planting. BID PHASE BASIC SERVICE 5. Procurement-We will assist you in obtaining General Contractor bids or negotiated proposals, preparing a bid tabulation and providing a letter of recommendation. Proposal/Agreement for 23080 Corpus Christi Water Utility Building/Warehouse Revision 2 2 CONSTRUCTION PHASE BASIC SERVICES 6. Construction - We, assisted by our Consultants, will provide administration of the construction contract consisting of the following services: a. Review each shop drawing, sample, and other submittal by a Contractor or Consultant; b. Prepare or review each change to an architectural plan or specification; c. Visit the construction site at intervals appropriate to the stage of construction to: i. become generally familiar with and keep the client generally informed about the progress and quality of the portion of the construction completed; ii. make a reasonable effort to identify defects and deficiencies in the construction; iii. determine generally whether the construction is being performed in a manner indicating that the project,when fully completed,will be in accordance with the architectural plans and specifications. d. Notify the client in writing of any substantial deviation from the architectural plans and specifications that may prevent the building from being occupied or utilized for its intended use. e. Windstorm inspections are included in the Structural Engineer's scope of work. f. Building Commissioning Services per IECC 2018 are included in the MEP Engineer's scope of work. 7. Building Permit Services for the City of Corpus Christi-We will submit for building permit and will provide to the City information required by them, answer their questions and provide services as required to help the City process the application for building permit. All permit fees and plan review fees will be paid by Owner. TIME&MATERIALS PHASE 8. Travel Time - We will provide twenty (20) on-site visits during Schematic Design through Construction. We will provide an allowance for additional on-site visits and meetings that are requested.All Travel Time must be preapproved by the City Project Manager or OAR during the Construction phase. 9. Reimbursable Expenses and Texas Accessibility Submission a. Reimbursable expenses, such as reproduction of documents (exclusive of interoffice and inter- disciplinary coordination prints), auto travel mileage, and expenses incurred in travel will be billed monthly at 1.10 times our cost. b. We will register your project with the State of Texas and submit the appropriate documents to a registered Accessibility Specialist for review in accordance with State Law. An inspection at the completion of construction will also be completed. Proposal/Agreement for 23080 Corpus Christi Water Utility Building/Warehouse Revision 2 3 ADDITIONAL SERVICES Additional Services include any work which is not outlined as part of the Basic Services above and/or any work required beyond the limitations set forth in this proposal. If our work proceeds based on an approved design and changes are later required, the extra work necessary to make the changes will be done as an additional service. If, after the contractor provides the total construction cost to the Owner, and the Owner requests changes be made in order to reduce the overall project cost,this work will be provided as an Additional Service on an hourly basis, however, this will not include any work required to reduce the cost to the Architect's latest estimate of construction cost or an agreed upon fixed maximum budget. See Compensation Schedule for Services—Exhibit B attached. The following can also be provided as additional services, if you desire: 1. Sign / Graphics Design - We can provide design and documentation for exterior project and/or construction site signs, interior building graphics and sign standards, as you may require. CONSULTANT SERVICES We will rely on outside professional firms to provide Civil, Structural, Mechanical, Electrical, and Plumbing engineering services, Landscape Architectural Design services and/or other special consulting services necessary for the design of the project. BASIC SERVICES COMPENSATION Our compensation for Basic Services include a maximum amount of twenty(20) Client meetings. Construction phases include periodic construction meetings with the Contractor which the Owner may or may not attend. If more meetings are required, our time, including time spent traveling to and from such meetings, will be provided as an additional service. Our compensation for Basic Service 6 (Construction) is based on a maximum of twelve (12) months of total construction time. If construction is not completed within this time, our services beyond this limit will be provided as an additional service. In the event the Contract is cancelled in the middle of the project, the payment for services rendered will be based on the Phases completed and compensation paid as indicated on the man-hour breakdowns. See BASIC SERVICES COMPENSATION TABLE - page 4 Proposal/Agreement for 23080 Corpus Christi Water Utility Building/Warehouse Revision 2 4 BASIC SERVICES COMPENSATION Basic Services 1 —3, 5 &6 RVK Architecture $252,552 (fixed fee) Schematic Design—Construction Civil Engineering Pape-Dawson Engineers $ 72,135 (fixed fee) Structural Engineering including Lundy&Franke Engineering $ 32,940(fixed fee) Windstorm Inspection Services Mechanical, Electrical, Plumbing DBR $176,810(fixed fee) &Security Access Control Design Energy Commissioning Basic Services 7 - Building Permit RVK Architecture $ 6,520(T&M not to exceed) Basic Service 4 RVK Architecture $ 10,680(fixed fee) Landscape Architecture Irrigation Consultant PRA Irrigation Consulting $ 4,315(fixed fee) Geotechnical Engineer To be Determined $To be Determined Basic Service 8—Travel Time RVK Architecture $ 16,200(T&M not to exceed) Lundy&Franke Engineering $ 7,000(T&M not to exceed) DBR $ 14,900(T&M not to exceed) RVK Landscape Architecture $ 960(T&M not to exceed) PRA Irrigation Consultants $ 2,625(T&M not to exceed) Basic Service 9 RVK Architecture $ 6,500(allowance) Reimbursable Expenses and Lundy&Franke Engineering $ 750(allowance) Texas Accessibility Submission DBR $ 3,800 (allowance) RVK Landscape Architecture $ 500 (allowance) TOTAL $609,187 (exclusive of Geotechnical Engineer) EXHIBITS • Exhibit A City of Corpus Christi Scope of Work • Exhibits B—G Man-Hour Fee Breakdown • Exhibit H Summary of Fees • Exhibit I RVK Compensation Fee Schedule SCHEDULE OF DELIVERABLES - 30 Weeks Total* 30% Drawing Set—end of Schematic Design 3 weeks 60% Drawing Set—end of Design Development 3 weeks 90% Drawing Set 8 weeks 100% Drawing Set 2 weeks Signed and Sealed Drawing Set 2 weeks *3 week review between each package *There will be lead times for the Generator. Time listed is for Construction time once all equipment is on-site. Proposal/Agreement for 23080 Corpus Christi Water Utility Building/Warehouse Revision 2 5 SPECIAL CONSULTANTS' COMPENSATION In addition to our Civil, Structural, Mechanical, Electrical and Plumbing Consultants, we anticipate needing the special consulting services listed below. The fees for these services will be in addition to our Basic Services fee. Special consultants will be engaged by, and paid directly by, Owner. We will coordinate the work of these consultants as a part of our Basic Services. With our present knowledge of the project scope, we expect the required special consulting services to be as follows: • Construction Testing will be provided by the City of Corpus Christi. LABOR PROVIDED IN ADVANCE OF FULLY EXECUTED AGREEMENT Any labor provided within the scope of the project in advance of the fully executed agreement related to this project may be billed at standard hourly rates, until such time that the agreement is fully executed and all terms have been agreed to. Upon agreement of the terms, appropriate credit for previously billed labor will be applied in accordance with the executed agreement as if the executed agreement had been in place at the time the labor was performed. ADDITIONAL SERVICE COMPENSATION AND REIMBURSABLE EXPENSES Additional Services are available but not included in the compensation for Basic Services and will require a formal Proposal and/or Contract Amendment. If required, we will perform additional services at our standard hourly rates in effect at the time the work is done or, at your request, we can provide a separate proposal for any additional services which you desire. Please refer to the attached hourly Compensation Schedule—Exhibit M -which is currently in effect. Additional Services provided by Consultants are available but not included in the compensation for Basic Services. If required and approved, these services will be billed at a multiple of 1.10 times the amount billed to the Architect for such service. Reimbursable expenses, such as reproduction of documents (exclusive of interoffice and inter-disciplinary coordination prints), Texas Accessibility Standards (TAS) review and inspection fees, auto travel mileage, delivery charges, and expenses incurred in travel and lodging will be billed monthly at 1.15 times our cost and building permit fees or any other governmental fees required will be billed at our cost. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as Architects, persons registered as landscape architects, and persons registered as registered interior designers in Texas. Complaints should be addressed to:Texas Board of Architectural Examiners,P.0.Box 12337,Austin,TX 78711-2337-Telephone:(512)305-9000, Fax:(512)305-8900,htto://www.tbae.state.tx.us. Irrigation in Texas is regulated by the Texas Commission on Environmental Quality,P.O. Box 13087,Austin,Texas 78711-3087. EH:psc z:\2021\21270b - corpus christi - utility building\contracts\21270.b rvk 23080 cc water utility bldg warehouse rev 2 proposal 05.24.23.docx EXHIBIT "A" Per our conversation from Friday,the Utility Building improvements will be under the current E15157 project number and the new Wearhouse will be under 23080 in FY2023 project page. Projects E18197 23050 ;;,V";Ire Pro'1ecI Name CC 11-ater I-tilit� )Zuilrliug°«-arehouse .. T,pe Impro�,emenT.addition. Depainnent Waterlr Depnnent "+ Useful Life 25 years C ontact Director of Water Uuh ies (ate_or} Whet Distribution Priolin. ?clincel-Asset eondidon lance:n Status Acwre Descnptron The purpose of this project is to improve the Wlter Utilities building.Project E15157 is intended for Utility Building improvements to include the roof and other needs in the existing facility.Project 23050 consist of construction of,1 new 40,000 SF iv:trehome facility-that is outfitted with warehollse space,offices,equipment check:-out counter,ecluipluent cages,and lllllntenance area_Alaterilh such as pipe.$nlilgs,meters.and electronics are currently stored in small portable buildings located at the Utilities card or in open lir conditions subiecting inventon to harsh ell':iro11111e11Tal conditions and making proper inventory nnana genient difficult.The constriction oI a new warellollse would allow for the proper Stc,611Ig1evels Or all inventory heeded to maintain the water distribution system and the wastewater collectionsystenl.nitmllnZe the expostife of lliaterials to environmental factors,and increase the convols on inanaeenient of These materials. Justification The proposed expansion will improve the operational capacity of the Utilities Department. Espeuditures Prion Years 2023 2024 2025 Total Cons tructionlRehab 1 Stri1)C' 1-500'000 10,000.040 Design 146 Of 10 M,1,000 h6,000 Eng,Admin Reimbursements 10:805 80,000 3COS(* 300'000 690,805 Total 15605 880000 6,800,000 . 3.8110,000 tt 11,636,805 Funding Sources Prior Years 2023 2024 2025 Intal Revenue Bonds 156,805 E�30M"' 6,&=4,:u; 3,800,C00 117636,805 Total 156,805 880;000 6.8110.000 3,800.000 11,636,805 Budget Irnpact/Other There is no projected operational impact with this project at this time. Upon completion of this project additional maintenance costs will be budget to 1-mi11t lin these inipfo'.-enients. EXHIBIT "H" Corpus Christi Water Utility Building/Warehouse CITY PROJECT NO.23080 SUMMARY OF FEES Original Amendment No. Amendment No. Amendment No. Total Contract Basic Services: Contract 1 2 3 Preliminary Phase $0.00 $0.00 Design Phase $365,781.00 $365,781.00 Bid Phase(T&M) $12,315.00 $12,315.00 Construction Admin Phase $166,751.00 $166,751.00 Travel Time (T&M) $41,685.00 $41,685.00 Building Permit(T&M) $11,105.00 $11,105.00 Reimburseables(T&M) $11,550.00 $11,550.00 Subtotal Basic Services $609,187.00 $0.00 $0.00 $0.00 $609,187.00 Additional Services: Permit Prepartion $0.00 Topographic Survey $0.00 ROW Acquisition Survey $0.00 Environmental Issues $0.00 Public Meetings $0.00 Construction Observation $0.00 Traffic Control $0.00 Signalization Improvements $0.00 Warranty Phase $0.00 Construction Inspection (T&M) $0.00 Platting Survey $0.00 O& M Manuals $0.00 SCADA $0.00 Subtotal Additional Services $0.00 $0.00 $0.00 $0.00 $0.00 Summary of Fees: Basic Services Fees $609,187.001 $0.001 $0.001 $0.00 $609,187.00 Additional Services Fees $0.001 $0.001 $0.001 $0.00 $0.00 Total Authorized Fees $609,187.001 $0.001 $0.001 $0.00 $609,187.00 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation RobertDQu1cctexas.com (361) 826-3133 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Master Plan for the Corpus Christi Municipal Marina CAPTION: Motion authorizing execution of a six-month service agreement with LA Stone, L.L.C. of Fort Lauderdale, Florida, for $266,000.00 to provide a Master Plan for the Corpus Christi Municipal Marina, with FY 2023 funding of $266,000 from the Parks CIP and Seawall CIP Funds. SUMMARY: Currently, The Corpus Christi Marina does not have a master plan. In March of 2023, a Request for Proposal was conducted to obtain a design firm to create a Master Plan for the Marina. Staff is requesting authorization for funding to proceed with a six-month service agreement with the selected firm (LA Stone, L.L.C., which is a subsidiary of EDSA, Inc.) for the design of a Master Plan for the Marina. BACKGROUND AND FINDINGS: The Corpus Christi Marina is a vital amenity in the City as a year-round tourist attraction and is one of the largest marinas on the Gulf Coast. The Marina was built in the 1940's around two "T- Heads" (Lawrence Street & Peoples Street) and one "L-Head" (Coopers Alley) and is home to local shrimp boats, private yachts, public boat tours, and several waterfront restaurants. The Marina has over 500 slips that are leased to short and long-term tenants from across the United States and home to 20 full-time Iiveaboard tenants. It is the center of major events and holiday activities like the July 4t" fireworks, lighted boat parade, Buc Days Airshow and world class sailing regattas. Future improvements to the Marina include construction of the Boat Haul Out with Office/Retail Facilities and Boaters Facility with parking lot improvements at Cooper's L-Head, both of which were approved by the Mayor/City Council in May 2023. The Marina has evolved over the last 80 years with minimal attention towards long-term planning for each landmass or connectivity to Water's Edge (McGee Beach) and downtown. This Master Plan will consider the overall accessibility/connectivity to downtown, between each landmass, and necessary aspects of tying the Marina into a cohesive, master planned solution that will provide the best overall experience for visitors and tenants. The Master Plan will also consider the safety of pedestrians, landscaping/hardscape, event/activity areas, and future development sites. LA Stone, L.L.C. will provide a conceptual design with short, mid and long-term development plans for the future of the Marina landmasses. The Firm will provide inclusive and comprehensive outreach/public presentations through Stake Holder and community meetings. Community Engagement will also include input from the Marina Advisory Committee, Parks & Recreation Advisory Committee and Visit Corpus Christi. The 10-Year Parks and Recreation Master Plan was initiated to create a lasting vision for the future growth/development of the City's Parks & Recreation system. A principal strategy in the 10- year Parks & Recreation Master Plan is to prepare illustrative master plans for the development or redevelopment of municipal parks/recreational facilities. This Master Plan will guide City officials/Staff, as well as local partners, on the most efficient and equitable methods to meet the recreational needs of residents/visitors. Through this Master Plan, improvements to the Marina will provide enhancements to community health, conservation practices, and access to benefits for the entire community of Corpus Christi. Creating a Master Plan for the Marina will identify important investments/operational improvements essential to providing quality recreational resources; accommodate varied recreational interests to attract regional/statewide audiences and serve as revenue-producing amenities for the community. PROCUREMENT DETAIL: Finance and Procurement conducted a competitive Request for Proposal (RFP) process to obtain proposals for the Master Plan for the Corpus Christi Municipal Marina. Two firms submitted for the Master Plan for the Corpus Christi Municipal Marina. LA Stone, L.L.C. scored the highest and was selected to provide a Master Plan for the Corpus Christi Municipal Marina. The selection committee was comprised of representatives from Marina, Parks and Recreation, Engineering Services, Public Works/Streets Department and Comprehensive Planning. The final evaluation qualified LA Stone, L.L.C. as the highest ranked firm based on three factors: 1) firm's experience 2) team experience and identification, and 3) understanding of project scope. LA Stone, L.L.C. provided knowledgeable, professional, and satisfactory presentations offering a wealth of experience in closely related projects. LA Stone, L.L.C. demonstrated the understanding and importance of collaboration when meeting the needs of the city and its stakeholders. LA Stone, L.L.C. has more than 60 years' experience and houses a team of qualified planners, designers, and landscape architects that have experience working in similar environments. ALTERNATIVES: The alternative is to reject the request for funding and delay creating a master plan for the marina. FISCAL IMPACT: The fiscal impact in FY 2023 is an amount of $266,000 from the Parks CIP and Seawall CIP Funds. FUNDING DETAIL: Fund: 3280 — Parks CIP Org/Activity: 231413280EXP Department: 27 — Parks and Recreation Project # (CIP Only): 23141 — Master Plan for T-Heads/L-Head Account: 530000 Amount: $50,000 Fund: 3271 — Seawall CIP Org/Activity: 231413271 EXP Department: 57 — Economic Development Project # (CIP Only): 23141 — Master Plan for T-Heads/L-Head Account: 530000 Amount: $216,000 RECOMMENDATION: Staff recommends approval of this motion authorizing a six-month service agreement, with LA Stone, L.L.C. as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement Presentation RFP 4635 Master Plan for the Corpus Christi Municipal Marina Senior Buyer:Tracy Garza Proposal Evaluation Score LA Stone, L.L.C. Studio Outside Fort Lauderdale,FL Dallas,TX Minimum Qualifications Required ten years in business No material lawsuits during last 5 years No outstanding regulatory issues last 5 years References Provided for firm ° Minimum Qualification Pass/Fail Pass Pass Technical Proposal(60 PTS) Firms' Experience 22 20 17 Team Experience 22 20 16 Understanding of Project Scope 16 14 13 Subtotal Technical Proposal 60 54 46 Interview(30 PTS) Firms' Experience (8 points) 8 7 5 Team's Identification (10 points) 10 8 7 Understanding of Project Scope(12 points) 12 10 8 Subtotal Interview 30 25 20 Pricing(10 PTS) 10 9 Total Score 89 76 DocuSign Envelope ID:21A6DA7F-DE48-4461-B2BF-853EAA618827 , ,us c� �o H PROFESSIONAL SERVICE AGREEMENT NO. 4635 v MASTER PLAN FOR THE CORPUS CHRISTI MUNICIPAL MARINA NO RPOP PE 1852 THIS Master Plan for the Corpus Christi Municipal Marina Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and LA Stone, L.L.C. ("Consultant"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Consultant has agreed to provide professional consulting services to evaluate the possible renovation and/or expansion of the City's Municipal Marina. NOW, THEREFORE, City and Consultant agree as follows: 1. Scope. Consultant shall provide a Master Plan for the Corpus Christi Municipal Marina 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. 2. Term. This Agreement is for six months. The parties may mutually extend the term of this Agreement, provided, an Amendment to extend is executed by both parties. 3. Compensation and Payment. This Agreement is for an amount not to exceed $266,000.00 subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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: 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 Professional Service Agreement- LA Stone, L.L.C. Page 1 of 6 DocuSign Envelope ID:21A6DA7F-DE48-4461-B2BF-853EAA618827 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Jonathan Atwood, Marina Manager Corpus Christi Municipal Marina 361-826-3980 JonathanA2@cctexas.com 5. Insurance; License. (A) Before performance can begin under this Agreement, the Consultant 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 B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) Prior to beginning work, Consultant must provide evidence of any valid professional license necessary for the performance of the work under this Agreement. 6. Standard of Care. Consultant warrants that all Services shall be performed in accordance with the standard of care used by similarly situated Consultants performing similar services under the same professional license. 7. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 8. Independent Contractor; Release. (A) In performing this Agreement, both the City and Consultant shall act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. Consultant shall perform all professional services as an independent contractor and shall furnish such Services in his own manner and method, and under no circumstance or condition shall an employee, agent, or representative of either party be considered or construed to be an employee, agent, or representative of the other party. Professional Service Agreement- LA Stone, L.L.C. Page 2 of 6 DocuSign Envelope ID:21A6DA7F-DE48-4461-B2BF-853EAA618827 (B) As an independent contractor, no workers' compensation insurance shall be obtained by City covering the Consultant and employees of the Consultant. The Consultant shall comply with any and all workers' compensation laws pertaining to the Consultant and employees of the Consultant. 9. Subcontractors. Consultant may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Consultant must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Consultant is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Consultant. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 10. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 11. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 12. Taxes. The Consultant 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. 13. 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: Jonathan Atwood, Marina Manager 400 A North Shoreline Corpus Christi, TX 78401 IF TO CONSULTANT: LA Stone, L.L.C. c/o EDSA, Inc. Attn: Doug Smith, Principal 1512 East Broward Boulevard, Suite 110 Fort Lauderdale, Florida 33301 Professional Service Agreement- LA Stone, L.L.C. Page 3 of 6 DocuSign Envelope ID:21A6DA7F-DE48-4461-B2BF-853EAA618827 14. Consultant shall fully indemnify, hold harmless and defend the City of Corpus Christi and its officers, employees and agents ("indemnitees') from and against any and all liability, loss, claims, demands, suits, and causes of action of whatever nature, character, or description on account of personal injuries, property loss, or damage, or any other kind of injury, loss, or damage, including all expenses of litigation, court costs, attorneys' fees and expert witness fees, which arise or are claimed to arise out of or in connection with a breach of this Agreement or the performance of this Agreement by the Consultant or results from the negligent act, omission, misconduct, or fault of the Consultant or its employees or agents. Consultant 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 reasonable 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 Consultant under this section shall survive the expiration or earlier termination of this Agreement. 15. Termination. (A) The City Manager may terminate this Agreement for Consultant's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Consultant written notice of the breach and set out a reasonable opportunity to cure. If the Consultant has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Consultant. The City Manager may also terminate this Agreement upon 24 hours written notice to the Consultant for failure to pay or provide proof of payment of taxes as set out in this Agreement. 16. Assignment. No assignment of this Agreement by the Consultant, 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 Consultant 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. Professional Service Agreement- LA Stone, L.L.C. Page 4 of 6 DocuSign Envelope ID:21A6DA7F-DE48-4461-B2BF-853EAA618827 17. 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. 18. 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 all attachments and exhibits); B. its attachments; then, C. its exhibits, if any. 19. Certificate of Interested Parties. Consultant 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 to do so by law. 20. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. 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. 21. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties (SIGNATURE PAGE FOLLOWS) Professional Service Agreement- LA Stone, L.L.C. Page 5 of 6 DocuSign Envelope ID:21A6DA7F-DE48-4461-B2BF-853EAA618827 CONSULTANTDocuSigned by: Signature: 06+S SIMi{(A, Printed Name: Douglas Smith Title: Principal Date: 6/23/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Finance - Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Pricing Form Attachment C: Insurance Requirements Professional Service Agreement- LA Stone, L.L.C. Page 6 of 6 DocuSign Envelope ID:21A6DA7F-DE48-4461-B2BF-853EAA618827 ATTACHMENT A: SCOPE OF WORK Overview: Corpus Christi is a coastal city located on the Southern coast of Texas. It is the 59th largest city in the United States, the 8th largest in Texas and 3rd largest port in total tonnage in the nation. Corpus Christi ranks number 53 on the Tourism Sentiment Index's top 100 most-loved places to visit in the world. Attracting over 5 million visitors a year, the Marina serves as the city's premiere feature of the Bayfront, and consist of three landmasses, two T- Heads (People and Lawrence) and one L-Head (Coopers). Project Description and Task List: The marina has over 500 slips that are leased to short- and long-term tenants from across the U.S. and is home to 20 full time liveaboard tenants. It is the center of major events and holiday activities like the Buc Days Airshow, world class sailing regattas, 4th of July Fireworks, and the lighted boat parade. The marina was built in the 1940s and has continually evolved for the last 80 years with little thought towards long term planning for each landmass or connectivity to downtown and McGee Beach. This Master Plan will need to consider the overall accessibility/connectivity to downtown and between each landmass, safety of pedestrians, landscaping/hardscape, event/activity areas, future development sites, and all necessary aspects of tying the marina together in a cohesive "master planned" solution that will provide the best overall experience for visitors and marina tenants. Scope of Services: Schematic Design Phase: The selected firm will review existing condition surveys provided by the City and will review laws, codes, and regulations applicable to our design services. The selected firm will evaluate initial project information, each in terms of the other, to ascertain the requirements of the Project. They will thus notify the City of Corpus Christi of any inconsistencies discovered in the information and other information that may be reasonably needed for the project. They will thus reach an understanding with the City of Corpus Christi regarding the requirements of the Project. Based on the Project's requirements agreed upon with the City of Corpus Christi, the selected firm will prepare and present for the City's approval the Schematic Design package illustrating the scale and relationship of the Project site and overall Schematic Design Concept. Page 1 of 3 DocuSign Envelope ID:21A6DA7F-DE48-4461-B2BF-853EAA618827 Tasks: Confirm, evaluate, and field-verify existing site conditions. [City of Corpus Christi will provide record information and data as available from existing files.] ■ Review previously developed sketches, designs and/or building program documents provided by City of Corpus Christi. ■ Attend and conduct stake holder meetings [Stake holder participants to be determined by the City of Corpus Christi] ■ Provide up to five Public Presentations [Location and Audience to be determined by City of Corpus Christi] ■ Jointly develop project scope and identify project budget and potential phasing opportunities. ■ Provide a conceptual design with, short-, medium-, and long-term development plans for the future of the marina landmasses. Including pedestrian connectivity between the marina and downtown, event/activity areas, landscaping/hardscape, parking, and future development sites. ■ Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon Notice to Proceed, should the City wish to proceed with further development of the project. Schematic Design Deliverables: ■ Stake Holder Design Meetings & Public Presentations • Inclusive & Comprehensive Community outreach • Marina Advisory Committee outreach • Visit Corpus Christi outreach • Meetings with City Leadership ■ Provide Executive Summary ■ Landscaping Schematic Design of Master Plan ■ Exterior Colored Renderings (8 Exterior Perspectives, 1 - 30 second Animation), Update renderings on any changes after recommendation Page 2 of 3 DocuSign Envelope ID:21A6DA7F-DE48-4461-B2BF-853EAA618827 Schematic Design City Deliverables: ■ Design Concepts for the City Marina Schedule: (Anticipates Notice to Proceed Spring of 2023) 1 . Schematic Design Phase Submittal Due TBD 2. City Schematic Design Review TBD Page 3 of 3 DocuSign Envelope ID:21A6DA7F-DE48-4461-B2BF-853EAA618827 use 04° CITY OF CORPUS CHRISTI H Pricing Form U CONTRACTS AND PROCUREMENT ry�aeraRasE° 1$52 RFP NO. 4635 MASTER PLAN FOR THE CORPUS CHRISTI MUNICIPAL MARINA PAGE 1 OF 2 DATE: 03/21/20231 iA� Doug Smith PROPOSER ALMO`RkED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. DESCRIPTION QTY UNIT TOTAL PRICE Consulting Services for a Master 6 Lump Sum Plan for the Corpus Christi Months $266,000* Municipal Marina *The above noted lump sum fee includes expenses based on the following assumptions: • 3 trips to Corpus Christi during the six month project duration. Each trip is assumed to be 2.5 - 3.0 days, with 4 persons of the consulting team attending. *The above noted lump sum fee does NOT include the cost of Computer Generated Imagery (CGI). Requested CGI's will be provided based on the follwoing costs: • Exterior Color Perspectives = $5,000 per view • Animation = $750 per second 4 1 EDSA DocuSign Envelope ID:21A6DA7F-DE48-4461-B2BF-853EAA618827 ATTACHMENT C - INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer a 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. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) If claims made policy, retro date must be at or prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. C. In the event of accidents of any kind related to this contract, Contractor shall furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. 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 at least A- with a Financial Size Category of Class VII or higher. B. 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 DocuSign Envelope ID:21A6DA7F-DE48-4461-B2BF-853EAA618827 C. Certificate of insurance shall specify that at least 30 calendar days advance written notice will be provided 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. D. 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. E. 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. F. 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. G. 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. H. The insurance required is in addition to and separate from any other obligation contained in this contract. 2021 Insurance Requirements Ins. Req. Exhibit 3-H Professional Services - Other Professional Services 05/10/2021 Risk Management - Legal Dept. SS\ FOR ACCAP Cs% V ' CORPUS r, ACCREDIrEU CHRISTI 's = PAM �hA RECRFAt�P Service Agreement for the Corpus Christi Marina Master Plan City Council June 27, 2023 Background GGRPUS CHRISTI PARK56 • The Corpus Christi Marina is a vital amenity in the City as a year-round tourist attraction & is one of the largest marinas on the Gulf Coast. • The Marina was built in the 1940's around two "T-Heads" (Lawrence St & Peoples St) & one "L-Head" (Coopers Alley). It is home to local shrimp boats, private yachts, public boat tours & several waterfront restaurants. • Currently, the Marina does not have a master plan & minimal attention has been given towards long-term planning for each landmass or connectivity to Water's Edge (McGee Beach) & downtown. • The Marina Master Plan will consider the overall accessibility/connectivity to downtown, between each landmass, and necessary aspects of tying the Marina into a cohesive, master planned solution. EDSA, Inc. CHRISTI PARK56 • EDSA has over 60 years of experience in similar projects, with a team of qualified planners, designers & landscape architects. • EDSA has worked on projects in many of the top tourist destinations across the United States & around the world; have offices in Dallas, Ft Lauderdale, Baltimore, New York, Orlando, Raleigh & Shanghai. • EDSA will provide a conceptual design with short, mid & long-term development plans for the future of Marina landmasses. The Master Plan will also consider the safety of pedestrians, landscaping/hardscape, event/activity areas & future development sites. • EDSA will provide inclusive & comprehensive outreach/public presentations through Stake Holder & community meetings. • Community Engagement will also include input from the Marina Advisory Committee, Parks & Recreation Advisory Committee, and Visit Corpus Christi. Policy Alignment nment GORPUS CHRISTI PARK56 • A principal strategy in the 10-year Parks & Recreation Master Plan is to prepare illustrative master plans for the development or redevelopment of municipal parks/recreational facilities. • The Marina Master Plan will guide City officials/Staff, as well as local partners, on the most efficient and equitable methods to meet recreational needs of residents/visitors. • Creating a Master Plan for the Marina will identify important investments/operational improvements essential to providing quality recreational resources; accommodate varied recreational interests to attract regional/statewide audiences and serve as revenue-producing amenities for the community. Recommendation CHRISTI PARK56 Staff recommends approval of this motion authorizing a six-month service agreement, with EDSA, Inc. as presented . so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 One-Reading Ordinance for the City Council Meeting June 27, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services JeffreyE(a)-cctexas.com (361) 826-3851 Robert Dodd, Interim Director of Parks & Recreation robertd4(a-)cctexas.com (361) 826-1853 Josh Chronley, CTCD, Assistant Director of Finance & Procurement Joshc2(a-)ccetexas.com (361) 826-3169 Construction Contract Award Replace Piers ABCDL and Dredging CAPTION: One-reading ordinance awarding a construction contract to Callan Marine Ltd. of Galveston, Texas, in an amount of $19,385,864.00 to demolish and replace piers A,B,C,D,L at the Corpus Christi Marina and to dredge the Marina basin in the vicinity of the docks and to construct new concrete floating docks A, B, C, D, L at the Marina which is located in Council District 1 with funding available from Marina Capital and Seawall Capital Improvement Fund; appropriating $2,400,000.00 from the Seawall unreserved fund balance to the Seawall Capital Improvement Fund; and amending the FY 2023 Operating & Capital Improvement Budget. SUMMARY: This ordinance authorizes additional funding for the Replace Piers ABCDL and Dredging Project and authorizes a construction contract with Callan Marine Ltd., of Galveston, Texas. The scope of the project includes demolition of existing Docks A, B, C, and D at the Corpus Christi Marina, dredging of the Marina basin in the vicinity of the docks, and construction of new concrete floating Docks A, B, C, D, and L, along with related amenities. BACKGROUND AND PURPOSE: The Marina consists of the Lawrence Street T-Head, Peoples Street T-Head, and the Coopers Alley L-Head as well as the associated piers and docks. In total, there are 14 piers with 603 wet slips. The wet slips are available for lease, which makes up nearly 80% of the revenue that drives the marina's operating budget. The existing Piers A, B, C, & D were installed in 1994. The original construction typically provides no more than a 25-year life expectancy and the piers are in poor condition. Pier L was constructed in 1990 with fixed wood piling and wood decking. It has been damaged by storm tides. Due to the piers' state of disrepair, many slips are unusable resulting in revenue loss for the Marina. Dredging is also required as sailboats and larger power boats cannot access many of the wet slips due to the depth of the water. This project includes the demolition of existing Docks A, B, C, and D at the Corpus Christi Marina, dredging of the Marina basin in the vicinity of the docks, and construction of new concrete floating Docks A, B, C, D, and L, along with related amenities including fixed dock entry at Dock L, shoreside sitework for the proposed water, wastewater, and electrical improvements to serve each dock. Work will be conducted in 2 Phases to allow for existing tenants to be temporarily relocated during each Phase. Marina activity will be ongoing during construction, staging and phasing of the work will be coordinated with the Marina. The funding for the project was approved with FY 2023 Capital Improvement Program in an amount of $20,000,000.00 for design and construction ($15,000,000.00 was allocated from Corpus Christi Business and Job Development Corporation Meeting (Type A Board) and $5,000,000.00 was allocated from Marina Capital Fund). On April 26th, 2023, City received four bids. Callan Marine, Ltd. is the lowest bidder. Based on the bids received the project has a funding shortfall of $2,400,000.00. The additional funding of $2,400,000.00 was authorized by Corpus Christi Business and Job Development Corporation Meeting (Type A Board) on June 12th, 2023. From: To: Amount: Type A Seawall Sales Tax Fund Seawall Capital Improvement Fund $2,400,000 1120-57-60195 Acct 548500 Total: $2,400,000 PROJECT TIMELINE: 2021 20232023 - 2025 J A S 0 N D M A M J July 2023 - April 2025 Design Bid/Award Construction Project schedule reflects City Council award in June 2023 with an estimated completion of August 2025. COMPETITIVE SOLICITATION PROCESS On March 20, 2023, the Contracts and Procurement Department issued a Request for Bids with the RFB Number 4689 for Replace Piers ABCDL and Dredging. On April 26, 2023, City of Corpus Christi received bids from four bidders. The city analyzed the bids in accordance with the contract documents and determined Callan Marine, Ltd. is the lowest responsive, and responsible bidder. A summary of the bids is provided below: Bid Summary Contractor Base Bid including Alt 1, Alt 2, and Alt 3 Callan Marine $19,385,864.00 Bellingham Marine $22,046,764.00 SR Trident $23,724,741.80 CCC Group $28,902,457.20 Engineer's Opinion of Probable Construction Cost $22,638,512.00 Callan Marine, Ltd. is completing Packery Channel & Sidewalk TDEM Restoration work for the City of Corpus Christi and have completed projects such as: Texas International Terminals Barge Dock 1 & 2, Berth 3 &4, U.S. Army Corps of Engineers Lower Bay Reach, Channel Improvement Project, Corpus Christi; MODA Dock Dredging, Ingleside, TX; Flint Hills Resources Maintenance Dredging, Corpus Christi, TX; Voestalpine Maintenance Dredging, Corpus Christi, TX; and other channel improvements in Texas. ALTERNATIVES: Not awarding the contract will delay anticipated revenue generation from the new Marina Piers A, B, C, D, & L. The facilities will continue to deteriorate and lose the customer base. Revenue will be lost, and the business will be unable to sustain itself, further impacting the downtown area. FISCAL IMPACT: The fiscal impact in FY2023 is an amount of $19,385,864.00 with funding available from the Marina CIP Fund and Type A/B Sales Tax Fund. $2,400,000.00 will be appropriated to the Type A Seawall fund and transferred to the Seawall Capital Fund. The approved CIP project page is included in the package. FUNDING DETAIL: Fund: Seawall Sys CIP (Fund 3271) Department: Economic Development (57) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 21026-3271-EXP Amount $14,367,289.94 Fund: Marina CIP (Fund 4705) Department: Marina (21) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 21026-4705-EXP Amount $5,018,574.06 Total: $19,385,864.00 Base Bid $18,326,084.00 Add Alt 1 $357,880.00 Add Alt 2 $467,500.00 Add Alt 3 $234,400.00 Total: $19,385,864.00 RECOMMENDATION: Staff recommends awarding a construction to contract to Callan Marine, Ltd., of Galveston, Texas for the Replace Piers ABCDL and Dredging Project in the amount of$19,385,864.00, with construction duration planned for 21 months from issuance of the Notice to Proceed. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Bid tabs CIP Page Presentation One-reading ordinance awarding a construction contract to Callan Marine Ltd. of Galveston, Texas, in an amount of $19,385,864.00 to demolish and replace piers A,B,C,D,L at the Corpus Christi Marina and to dredge the Marina basin in the vicinity of the docks and to construct new concrete floating docks A, B, C, D, L at the Marina which is located in Council District 1 with funding available from Marina Capital and Seawall Capital Improvement Fund; appropriating $2,400,000.00 from the Seawall unreserved fund balance to the Seawall Capital Improvement Fund; and amending the FY 2023 Operating & Capital Improvement Budget. WHEREAS, on June 12, 2023, the Corpus Christi Business and Job Development Corporation (the "Type A Corporation") Board of Directors approved additional funding contribution to this project in the amount of$2,400,000 from the Type A Seawall Sales Tax. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council hereby finds that Piers A, B, C, C and L at the Corpus Christi Marina are deteriorated from decades of exposure to the waves and tides and these old piers are impacting the safety of the floating docks attached to these piers which are used by tenants at the marina, their guests and other members of the public and these piers need to be replaced immediately to protect the public, health and safety of the tenants at the marina, their guests and the general public. SECTION 2.The sum of$2,400,000.00 is hereby appropriated from the 1120 Seawall unreserved fund balance increasing expenditures and transferred from 1120 Seawall Fund into the 3271 Seawall Capital Improvement Fund increasing revenues and expenditures. SECTION 3. That the FY2023 Operating and Capital Budget adopted by Ordinance 032855 and 032856, respectively are amended to increase revenues and expenditures. SECTION 4. The City Manager or designee is authorized to execute a construction contract with Marine Ltd. of Galveston, Texas in an amount not to exceed $19,385,864.00 for demolition and replacement of Piers A, B, C, D, L at the Corpus Christi Marina and dredging the basin in the vicinity of the docks and construction of new floating docks all in accordance with the Project specifications. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 27th day of June, 2023. Page 1 of 3 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 Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Mike Pusley Everett Roy Dan Suckley Jim Klein Sylvia Campos PASSED AND APPROVED on this the day of , 2023. ATTEST: Page 2 of 3 Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 3 N o � � =' JAG E CID W E T—NW PROJECT LOCATION S 0 CORPUS CHRISTI BAY B � N Oq� N� ROaa T`2 \/J Sq kT° PgORF m CA 3 �� kr v o< c5 oeax 3� Q VICINITY MAP �,�, � w NOT TO SCALE w z \ Q V w _ r U) y a PEOPLE'S sT. PEOPLE'S T-HEAD ST. Q Wn P. O NU) m SAW I. J ..... U) LU RE CES �� m QOM `n z „ ST, WRENCE T � NEAp ST JOHNSg 286 � `-�rRTA/N Sr p v� CO OPERSALLE Y KINN�Y _ co ST o I" w z J w O U) 1" w J ' a < AERIAL MAP !M�, M NOT TO SCALE PROJECT NUMBER: 21026 CITY COUNCIL EXHIBIT di REPLACE PIERS A B C D L � � � � CITY OF CORPUS CHRISTI,TEXAS `• DEPARTMENT OF ENGINEERING SERVICES RFB 4689 PN.21026 Replace Marina Piers A, B, C, D, &L RFB 4689 PN.21026 DescriptionMarine Base _ . Al Mobilization(Max.5%of Part A) LS 1.00 $30,200.00 $34,974.00 $32,648.00 $28,020.00 A2 Bonds and Insurance Max.2%of Total Bid Amount AL 1.00 $560,065.00 $355,999.00 $225,371.00 $203,370.00 A3 Ozone Action Day DAY 1.00 $19,881.00 $15,000.00 $32,643.00 $14,090.00 A4 Traffic Control LS 1.00 $134,246.00 $78,475.00 $144,945.00 $27,600.00 A5 Allowance for Unanticipated Items AL 1.00 $250,000.00 $250,000.00 $250,000.00 $250,000.00 Sub Totals $994,392.00 $734,448.00 $685,607.00 $523,080.00 � . -.. 131 Mobilization(Max.5%of Part B) LS 1.00 $130,752.00 $117,611.00 $219,582.00 $414,470.00 B2 Demo Exist.Docks A,B,C,D incl.pile removal EA 4.00 $320,000.00 $642,044.00 $539,964.00 $704,352.00 B3 Dredge Base Bid Basin 1 (-9.0') CY 30,420.00 $577,980.00 $998,688.60 $1,012,986.00 $2,333,518.20 B4 Dredge Base Bid Basin 2 -9.0' CY 9,320.00 $177,080.00 $305,975.60 $310,356.00 $839,172.80 B5 Overdredge Allowance for Basins 1 and 2(to-9.5') CY 10,900.00 $207,100.00 $357,738.00 $362,970.00 $668,497.00 B6 Dredge Material Disposal incl.transport, permits,fees,etc. CY 50,640.00 $1,266,000.00 $2,135,488.80 $2,165,366.40 $3,329,580.00 Sub Totals $2,678,912.00 $4,557,546.00 $4,611,224.40 $8,289,590.00 C1 Mobilization(Max.5%of Part C) LS 1.00 $446,945.00 $235,224.00 $630,951.00 $559,900.00 C2 Floating Concrete Dock incl.piles,amenities,utilities,gangway) LS 1.00 $2,062,270.00 $1,897,725.00 $2,337,141.00 $1,495,050.00 C3 Floating Concrete Dock B incl.piles,amenities,utilities,gangway) LS 1.00 $2,401,000.00 $2,322,509.00 $2,312,789.00 $1,836,720.00 C4 Floating Concrete Dock C(incl.piles,amenities,utilities,gangway) LS 1.00 $2,401,000.00 $2,357,179.00 $2,337,118.00 $1,828,950.00 C5 Floating Concrete Dock D incl.piles,amenities,utilities,gangway) LS 1.00 $2,168,321.00 $2,242,996.00 $2,324,112.00 $1,827,000.00 C6 Floating Concrete Dock L(incl.piles,amenities,utilities,gangway) LS 1.00 $2,315,808.00 $2,260,618.00 $2,210,025.00 $1,687,610.00 Nixed Entry Dock-Dock L incl.piles,amenities,utilities LS 1.00 $820,964.00 $1,148,249.00 $1,370,896.00 $1,875,830.00 C8 Refurbish,Relocate&Reinstall Exist.Security Gate-Docks A,B,C,D EA 4.00 $40,000.00 $46,196.00 $117,564.00 $74,100.00 C9 Refurbish,Relocate &Reinstall Exist.SecurityGate-Dock L EA 1.00 $10,000.00 $11,214.00 $29,391.00 $50,890.00 Sub Totals $12,666,308.001 $12,52 1 9 1 0.001 $13,669,987.00 $11,236,050.00 .Shoreside . . D1 Mobilization(Max.5%of Part D) LS 1.00 $10,000.00 $63,483.00 $61,120.00 $51,770.00 D2 Shoreside Site&Utility Impr.-Docks A and B Phase 1 LS 1.00 $168,064.00 $603,088.00 $398,035.00 $481,180.00 D3 Shoreside Site&Utility Im r.-Docks C and D Phase 2 LS 1.00 $71,115.00 $443,226.00 $287,873.00 $242,030.00 D4 Shoreside Site&Utility Im r.-Dock L Phase 1 LS 1.00 $229,834.00 $318,185.00 $234,238.00 $198,430.00 D5 Accessible Parking Space,Signage,Striping and ISA Logos EA 2.00 $64,406.00 $9,786.00 $331,474.00 $62,000.00 Sub Totals $543,419.00 $1,437,768.00 $1,312,740.00 $1,035,410.00 R11T-=-r:I=l . . E1 Mobilization Max.5%ofPart E LS 1.00 $72,153.00 $19,313.00 $65,006.00 $125,890.00 E2 Electrical Demolition LS 1.00 $50,000.00 $30,206.00 $27,756.00 $42,070.00 E3 Dock Service Disconnect EA 6.00 $99,162.00 $67,824.00 $100,518.00 $12,900.00 E4 Meter Socket and CT Enclosure EA 6.00 $66,984.00 $66,960.00 $72,198.00 $68,730.00 E5 Conduit and Underground Ductbank LS 1.00 $299,622.00 $299,476.00 $303,718.00 $492,600.00 E6 Electrical Racks LS 1.00 $68,231.00 $68,199.00 $69,164.00 $67,720.00 E7 Costs for New AEP Service(Allowance) AL 1.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 E8 Transformer Pad and Associated Electrical EA 6.00 $22,182.00 $99,426.00 $22,488.00 $1,018,770.00 E9 Electrical Feeders LS 1.00 $704,719.00 $83,688.001 $652,869.001 $628,700.00 Sub Totals L $1,443,053.001 $795,092.00 $1,373,717.00 $2,517,380.00 Grand Total 1 $18,326,084.00 $20,046,764.00 $21,653,275.40 $23,601,510.00 .AdditiveAlternate 1 Dredge F1 Mobilization(Max.5%of Part F) LS 1.00 $10,000.00 $15,060.00 $35,237.00 $81,420.00 F2 Dred e Basin 1A -9.0' CY 7,720.00 $123,520.00 $253,447.60 $233,916.00 $864,331.20 F3 10vercredge Allowance for Basin 1A(to-9.5') CY1300.00 $16,900.00 $42,666.00 $39,390.00 $122,564.00 F4 Dred e Basin 1A Material Disposal incl.transport,permits,fees CY 9,,020.00 $207,460.00 $380,373.40 $385,334.40 $560,142.00 Sub Totals $357,880.00 $691,547.00 $693,877.40 $1,628,457.20 Grand Total 1 $357,880.001 $691,547.001 $693,877.40 $1,628,457.20 .AdditiveAlternate 2 Dredge G1 Mobilization Max.5%ofPart G LS 1.00 $10,000.00 $15,060.00 $35,273.00 $121,490.00 G2 Dredge Basin 1B(-9.0') CY 8,500.00 $136,000.00 $279,055.00 $257,550.00 $1,126,675.00 G3 Overdred e Allowance for Basin 1 B to-9.5' CY 3,500.00 1 $45,500.00 $114,870.00 $106,050.00 $345,555.00 G4 I Dredge Basin 1 B Material Disposal(incl.transport,permits,fees) CY 12,000.00 $276,000.00 $506,040.00 $512,640.00 $839,760.00 Sub Totals $467,500.00 $915,025.00 $911,513.00 $2,433,480.00 Grand Total 1 $467,500.001 $915,025.001 $911,513.00 $2,433,480.00 .AdditiveAlternate 3 Dredge H1 Mobilization Max.5%ofPart H LS 1.00 $10,000.00 $15,060.00 $35,258.00 $61,950.00 H2 Dred e Basin 2A -9.0' CY 4,000.00 $64,000.00 $131,320.00 $121,200.00 $605,640.00 H3 10vercredge Allowance for Basin 2A to-9.5' CY1,900.00 $24,700.00 $62,358.00 $57,570.00 $146,148.00 H4 Dred e Basin 2A Material Disposal incl.transport,permits,fees) CY 5,900.00 $135,700.00 $248,803.00 $252,048.00 $425,272.00 Sub Totals $234,400.00 $457,541.00 $466,076.00 $1,239,010.00 Grand Total 1 $234,400.001 $457,541.001 $466,076.00 $1,239,010.00 Callen Marine:Base,Add Alt 123=$19,385,864.00 Capital Improvement Plan 2023 thr" 2025 City of Corpus Christi, Texas Project 21026 Project Name Replace Piers ABCDL and Dredging Type Improvement/Additions Department Marina Useful Life 25 years Contact Marina Superintendent Category Site Improvements Priority 2 Critical-Asset Condition4ongevity Status Active Description The project consists of dredging marina pier area and replacement of five piers,A,B,C,D and L. These upgrades will greatly improve the existing aged infrastructure. This project will provide modern piers and increase the volume of Marina Tenant and visiting vessel traffic to the Marina. Replacing Piers A,B,C,D&L with new materials and making upgrades to the infrastructure makes the Marina more marketable. This results in the Marina being more profitable as well as providing better amenities to our existing and future customers. Justification These floating piers located at Lawrence Street T-Head have been in operation since the 1980's. They have approached the end of their life cycle. The floating piers were some of the first ones of its type installed in the Marina. Pilings are shorter than the newest additions by several feet. They will need to be upgraded to taller pilings. The floating piers are at the end of their life cycle and need to be replaced. In addition, there are no pump-outs located on these piers. Tenants must travel to the nearest pump-out located at Coopers L-Head. In order to remain competitive,individual pump-outs are vital to the new piers. PIER L (Coopers Alley L-Head) is one of the last remaining large fixed piers in the Marina. With annual high tides,there have been multiple electrical shortages over the past few years as much of the dock becomes submerged. The pilings would need to be upgraded as well as the electrical and install individual pumps too. Dredging prior to the pier ,replacement is required due to the heavy buildup of debris and vegetation-,which has significantly decreased marina depth in the pier areas. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 11,065,066 6,400,000 17,465,066 Design 1,000,000 1,000,000 Eng,Admin Reimbursements 54,934 880,000 600,000 1,534,934 Total 1,054,934 11,945,066 7,000,000 20,000,000 Funding Sources Prior Years 2023 2024 2025 Total Marina Capital Fund 5,000,000 5,000,000 Type A/B Sales Tax(Prior) 1,054,934 6,945,066 7,000,000 15,000,000 Tom 1,054,934 11,945,066 7,000,000 20,000,000 Budget Impact/Other 71 The new piers are anticipated to generate additional revenues as more boats will be able to utilize the Marina.It is anticipated that six hundred thousand in additional revenue will be generated annually due to this project.Portions of the new revenue will be scheduled for additional maintenance around the Marina. 109 Capital Improvement Plan 2023 thr" 2025 City of Corpus Christi, Texas Project 21026 Project Name Replace Piers ABCDL and Dredging Type Improvement/Additions Department Marina Useful Life 25 years Contact Marina Superintendent Category Site Improvements Priority 2 Critical-Asset Condition4ongevity Status Active Description The project consists of dredging marina pier area and replacement of five piers,A,B,C,D and L. These upgrades will greatly improve the existing aged infrastructure. This project will provide modern piers and increase the volume of Marina Tenant and visiting vessel traffic to the Marina. Replacing Piers A,B,C,D&L with new materials and making upgrades to the infrastructure makes the Marina more marketable. This results in the Marina being more profitable as well as providing better amenities to our existing and future customers. Justification These floating piers located at Lawrence Street T-Head have been in operation since the 1980's. They have approached the end of their life cycle. The floating piers were some of the first ones of its type installed in the Marina. Pilings are shorter than the newest additions by several feet. They will need to be upgraded to taller pilings. The floating piers are at the end of their life cycle and need to be replaced. In addition, there are no pump-outs located on these piers. Tenants must travel to the nearest pump-out located at Coopers L-Head. In order to remain competitive,individual pump-outs are vital to the new piers. PIER L (Coopers Alley L-Head) is one of the last remaining large fixed piers in the Marina. With annual high tides,there have been multiple electrical shortages over the past few years as much of the dock becomes submerged. The pilings would need to be upgraded as well as the electrical and install individual pumps too. Dredging prior to the pier ,replacement is required due to the heavy buildup of debris and vegetation-,which has significantly decreased marina depth in the pier areas. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 11,065,066 8,800,000 19,865,066 Design 1,000,000 1,000,000 Eng,Admin Reimbursements 54,934 880,000 600,000 1,534,934 Total 1,054,934 11,945,066 9,400,000 22,400,000 Funding Sources Prior Years 2023 2024 2025 Total Marina Capital Fund 5,000,000 5,000,000 Type A/B Sales Tax(Prior) 1,054,934 6,945,066 9,400,000 17,400,000 Tom 1,054,934 11,945,066 9,400,000 22,400,000 Budget Impact/Other 71 The new piers are anticipated to generate additional revenues as more boats will be able to utilize the Marina.It is anticipated that six hundred thousand in additional revenue will be generated annually due to this project.Portions of the new revenue will be scheduled for additional maintenance around the Marina. Corpus Christi Engineering Replace Piers ABCDL and Dredging Council Presentation • June 27, 2023 Project Location Corpus Chr sti Engineering ro i 3� � �t --M aR03ECT LOCATION � W 4 PEOPLE'S -H 5T. WW Y Y T. 4 PROJECT NUMBER:2'1026 2 Project Scope corpusChrst; Engineering This project includes: • Demolition of existing Docks A, B, C, and D at the Corpus Christi Marina, dredging of the Marina basin in the vicinity of the docks. • Construction of a new concrete floating docks A, B, C, D, and L, along with related amenities including fixed dock entry at Dock L. • Shoreside sitework for the proposed water, wastewater, and electrical improvements to serve each dock. 3 Project Schedule Corpus Chr sti Engineering 2021 20232023 - 2025 July - December March - June July - April Design Bid/Award Construction This project schedule reflects City Council award in June 27,2023