HomeMy WebLinkAboutC2026-096 - 6/23/2026 - Approved PARTICIPATION AGREEMENT
For the Subdivision of King's Landing Unit 13
Subject to Pilot Program for Roller
Compacted Concrete Roadway Improvements
This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi
(referred to in this Agreement as"City"), a Texas home-rule municipal corporation, acting by and through
its City Manager, or designee, and MPM Development LP, (referred to in this Agreement as
"Developer"), a Texas Limited Partnership.
WHEREAS, Developer desires to develop and plat the Property designated on Exhibit 1 of this
Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known
as King's Landing Unit 13 (Unit 13");
WHEREAS, as a condition of the Preliminary Plat for King's Landing, the Developer is required
to expand, extend, and construct Castle Black Drive as depicted on and following the improvement
requirements outlined in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by
reference;
WHEREAS, the Developer is oversizing by constructing Castle Black Drive as a C-3 collector
street in lieu of 28' residential local streets;
WHEREAS, the Developer desires to utilize Roller Compacted Concrete (referred to in this
Agreement as"RCC pavement")for the Roadway Improvements within the King's Landing Subdivision
pursuant to the Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement
(referred to in this Agreement as "Pilot Program") executed July 25, 2022, as may be amended;
WHEREAS, the Developer is willing to warranty Roller Compacted Concrete Roadway
Improvement for 10 years;
WHEREAS, it is in the best interests of the City to have the public street infrastructure installed
by the Developer in conjunction with the final Plat;
WHEREAS, Section 212.071 of the Texas Local Government Code authorizes a municipality to
make a contract with a developer of a subdivision or land in the municipality to construct public
improvements related to the subdivision or land; and
WHEREAS, this Agreement is made pursuant to Section 212.071 &212.072 of the Texas Local
Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus
Christi.
NOW, THEREFORE, in order to provide a coordinated public street construction and
improvement project, the City and the Developer agree as follows:
Section 1. RECITALS. The parties agree that the language contained in the preamble of this
Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been
relied on by both parties in entering and executing this Agreement.
Section 2. ROLLER COMPACTED CONCRETE PAVEMENT. Per this Pilot Program, the City agrees
that it will authorize the use of roller compacted concrete pavement(as that term is defined by the RCC
Pavement Council)for the King's Landing Unit 13 per the terms of the Pilot Program.
Participation Agreement
Subject to Pilot Program for Roller Compacted
Concrete Roadway Improvements Agreement Page 1 of 12SCAN N E D
(a) Developer agrees to construct all roadway improvements within Kings Landing Subdivision
Unit 13 with roller compacted concrete pavement(RCC pavement), except those portions of the
roadways that are cul-de-sacs, in which case traditional rebar-reinforced portland cement
concrete pavement shall be utilized in conformance with the City's Unified Development Code
and City Design Standards.
(b) For King's Landing Unit 13, Developer shall construct the RCC pavement in accordance with
the site-specific geotechnical report as depicted in Exhibit 3 and engineering plans and
specifications as depicted in Exhibit 2. Concrete curb and gutter construction shall be
constructed to City Design Standards.
(d) Developer will construct collector streets with at least 8 inches thick roller compacted
concrete. All residential local streets smaller than a collector street will be constructed with at
least 7 inches thick roller compacted concrete.
(e) Prior to installation of the RCC pavement, the Engineer of Record and the Geotechnical
Engineer must review and approve all material submittals associated with RCC pavement
prepared by the general contractor, and provide reviewed and approved submittal copies to the
City.
(f) Prior to installation of the RCC pavement, Developer shall submit the experience record of
the RCC pavement operators and installers to the City Engineer for review. All contractors
involved with the construction operations of the RCC pavement, including maintenance, repair,
and replacement, must have at least five (5) years' experience in the day-to-day installation,
field management, and oversight of RCC pavement projects and meet all insurance and
indemnification requirements of the City Contract under which the original RCC pavement was
constructed, unless modified by mutual agreement. Associated Insurance Certificates shall be
submitted to the City prior to beginning work
(g) Prior to installation of RCC pavement, Developer shall obtain approval of construction
engineering plans from the City Engineer.
(h) Prior to the acceptance of roadway improvements, the Developer's Engineer of Record must
submit record drawings to the City certifying that the RCC pavement was constructed in strict
accordance with the approved construction drawings and technical specifications.
The authorization to utilize RCC pavement per this Agreement and the Pilot Program is limited to the
King's Landing Subdivision. The City may terminate this Authorization to use RCC pavement at any
time for any reason and require future streets within Kings Landing subdivision be constructed with
rebar-reinforced portland cement concrete pavement meeting City Design Standards.
Section 3. TERM. This Agreement becomes effective, is binding upon, and inures to the benefit of the
City and the Developer from and after the date of the last signatory to this Agreement. Within King's
Landing Unit 13, the Developer must complete the Castle Black Drive within 24 calendar months from
the date this document is executed by the City. Time is of the essence in the performance of this
contract.
Section 4. DEVELOPER PARTICIPATION. Subject to the terms of this Agreement, the Developer will
construct Castle Black Drive C-3 collector streets with at least 8-inch thick RCC pavement per Exhibit
2 and Exhibit 3, for and on behalf of the City in accordance with the plans and specifications approved
Participation Agreement
Subject to Pilot Program for Roller Compacted
Concrete Roadway Improvements Agreement Page 2 of 12
in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and
confirm the total cost estimate for construction of the Roadway Improvements, which estimate is
attached to and incorporated in this Agreement as Exhibit 4 (the "Cost Estimate"). Subject to the
limitations set forth below, the Developer shall pay a portion of the construction costs of Castle Black
Drive.
Section 5. CITY PARTICIPATION. Notwithstanding any other provision of this Agreement, the total
amount that the City shall pay for the City's agreed share of the actual costs of the Castle Black Drive
shall not exceed $214,304.40.
Section 6. REIMBURSEMENT. The Developer shall be responsible for the entire up-front expenses
of the Roadway Improvements for Castle Black Drive. The City shall reimburse the Developer upon
completion of all Roadway Improvements within Kings Landing Unit 13 contingent upon the certificate
of acceptance issued by the City Engineer, sworn certification on City form that the Developer has paid
all contractors and subcontractors in full, and presentment of the maintenance bond. Such
reimbursement will be payable to the Developer at the address in the Notice Section of this Agreement.
Section 7. PERFORMANCE AND PAYMENT BOND.
Before beginning the work that is the subject of this Agreement, Developer shall provide (or cause its
Contractor to provide) the City with a performance bond and a payment bond on City's approved
Performance and Payment Bond forms, said forms attached hereto and labeled as Exhibit 5 and
Exhibit 6, in accordance with and in satisfaction of Section 212.073 of the Texas Local Government
Code in the estimated amount of the construction costs for Castle Black Drive, reflecting City as Obligee
thereunder. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas
Government Code 2253, and all other applicable laws and regulations. The amount of the performance
and payment bonds shall be the full cost to construct Castle Black Drive to ensure the completion of
the project.
Section 8. MAINTENANCE.
(a) During the period of at least 7 years following acceptance of roadway improvements, all
maintenance and repairs of the Roadway Improvements in the King's Landing subdivision Unit
13 will be performed entirely and exclusively by Developer. Failure of the Developer to promptly
complete all maintenance and repairs of all streets in this subdivision will be a violation and
breach of this agreement. The Developer shall complete all such maintenance or repairs of the
streets within 120 days after being requested in writing to do so by the City Engineer.
(b) Any deficiencies occurring during the Maintenance Period shall be immediately repaired at
Developer's sole expense in accordance with the repair and replacement descriptions below
and in accordance with the Pilot Program.
Deficiencies requiring repair shall include:
1.Minor Cracks. any crack greater than 1/8-inch and less than %-inch other than cut
joints;
2.Minor Differential Vertical Separation. any differential vertical separation between RCC
pavement panels equal to or less than 1/8-inch across the joint;
3.Minor Spalling. any spalling, honeycombing, or other defects less than 2 square feet
or less than 1-inch deep;
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Subject to Pilot Program for Roller Compacted
Concrete Roadway Improvements Agreement Page 3 of 12
4. Minor Curb Separation. any separation of RCC pavement from curb and gutter equal
to or less than-1/8 inch; and
5.Joint Sealant. any separated, cracked, or missing joint sealants.
(c) Repairs shall include:
1.Minor Cracks. Any crack greater than 1/8-inch and less than 1/4-inch width shall be
sealed with a City-approved flowable elastomeric pavement crack sealant (Sikaflex or
equal). Minor cracks will not include any differential vertical movement(up-down)greater
than 1/8-inch across the joint.
2.Minor Differential Vertical Separation.Any differential vertical separation between RCC
pavement panels equal to or less than 1/8-inch across the joint shall be diamond grinded
to eliminate differential vertical separation.
3.Minor Spalling. Any surface spalling of areas less than 2 square feet or less than 1-
inch deep shall be high-pressure wash prepared to remove all dirt, debris, and loose
material, prepared with a bonding agent, and filled with a low-shrink epoxy modified
grout.
4. Minor Curb Separation. Any separation of RCC pavement from curb and gutter equal
to or less than 1/8-inch shall be sealed with a City-approved flowable elastomeric
pavement crack sealant (Sikaflex or equal).
5.Joint Sealant. Any separated, cracked, or missing joint sealants shall be cut out and
replaced with new elastomeric joint sealant (Sikaflex or equal) following high-pressure
wash joint cleaning.
(d) During the first 7 years following acceptance of RCC pavement roadway improvements, the
City will not complete any maintenance or repairs of RCC pavement Roadway Improvements.
The City Manager is prohibited from authorizing city staff from making any repairs during the
first 7 years following acceptance of RCC pavement roadway improvements.
(e) Developer shall notify the City Engineer prior to repair to allow for inspection and approval
of repair work.
(f) The City Engineer will be the final authority in determining deficiencies and level of
deficiencies of RCC pavement.
Section 9. REPLACEMENT.
(a) During the period of at least 10 years following acceptance of roadway improvements, the
Developer shall replace RCC panels with deficiencies identified in this section. All replacement
of RCC panels in the Kings Landing subdivision will be performed entirely and exclusively by
Developer at Developer's sole expense. The Developer shall complete all such replacement of
the street panels within 120 days after being requested in writing to do so by the City Engineer.
(b) Deficiencies requiring replacement shall include:
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Subject to Pilot Program for Roller Compacted
Concrete Roadway Improvements Agreement Page 4 of 12
1. Major Cracks. any panel with a crack across 50% of the length or width of the panel
and greater than 1/4-inch at any point in the crack;
2. Major Differential Vertical Separation. any differential vertical separation between
panels greater than 1/8-inch;
3. Major Curb Separation. separation of RCC pavement panel from curb and gutter
greater than 1/8-inch;
4.. Uncontrolled Cracking. a RCC pavement panel with more than one uncontrolled
crack; and
5. Major Spalling. any spalling, honeycombing, or other defects greater than 2 square
feet or more than 1-inch deep.
(c) Replacements shall include:
1. Major Cracks.Any RCC pavement panel with a crack greater than %-inch width across
50% of the length or width of the panel will be replaced with new RCC pavement panel
or traditional rebar-reinforced portland cement concrete pavement with sealed perimeter
construction joints.
2. Major Differential Vertical Separation. Any differential vertical separation between
RCC panels at any location with differential movement (up-down) greater than 1/8-inch
across shall be replaced with new RCC pavement panel or traditional rebar-reinforced
portland cement concrete pavement with sealed perimeter construction joints.
3. Major Curb Separation. Any RCC pavement panel with separation from curb and
gutter more than 1/8-inch shall be replaced with RCC pavement panel or traditional
rebar-reinforced portland cement concrete pavement with sealed perimeter construction
joints in a manner that keeps the original alignment oOf the curb and gutter.
4. Uncontrolled Cracking. Any RCC pavement panel with more than one uncontrolled
crack will be replaced with new RCC pavement panel or traditional rebar-reinforced
portland cement concrete pavement with sealed perimeter construction joints.
5. Major Spalling. Any RCC pavement panel with surface spalling of areas greater than
2 square feet or more than 1-inch deep shall be replaced with RCC pavement panel or
traditional rebar-reinforced portland cement concrete pavement with sealed perimeter
construction joints.
(d). Saw cut. Any panel being replaced shall be saw cut out to the nearest adjacent contraction or
expansion joints and replaced.
(e) RCC Pavement System Failure. In the event of major cracking or major spalling deficiencies of more
than 30% of RCC pavement panels on a street within the first 7 years, the City may in its sole
determination and discretion require the removal and replacement of all RCC pavement panels within
the subject street, both deficient and non-deficient RCC pavement panels, with traditional rebar-
reinforced portland cement concrete pavement meeting City specifications.Any such roadway segment
NI replacement will be at the Developer's cost.
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Subject to Pilot Program for Roller Compacted
Concrete Roadway Improvements Agreement Page 5 of 12
(f) Developer shall notify the City Engineer prior to replacement of RCC pavement panels to allow for
inspection and approval of replacement work.
(g) The City Engineer will be the final authority in determining deficiencies and level of deficiencies of
RCC pavement.
Section 10. WARRANTY. The Developer shall fully warrant the workmanship and construction of the
Roadway Improvements within the King Landing Subdivision for a period of 10 years from and after the
date of acceptance of the Roadway Improvements by the City Engineer. Upon notice by City of any
defects and faults in materials, workmanship and design, Developer shall promptly, but no later than
120 days after notice, correct such defects and/or faults to the satisfaction of the City.
Section 11. CONSTRUCTION. The planned Roadway Improvements shall be constructed in
accordance with the Pilot Program, approved Plans, Geotechnical Engineering Reports, and related
specifications and industry standard practices.
Section 12. INSPECTIONS.
(a)Throughout construction, the City may conduct periodic inspections and either approve the
progress of the Roadway Improvements or promptly notify the Developer of any defect,
deficiency, or other non-approved condition in the progress of the Roadway Improvements.
(b)Following completion of the Roadway Improvements, the City may conduct periodic
inspections of the Roadway Improvements and will promptly notify the Developer of any defects
and faults in materials, workmanship, and design.
(c)The Developer or its representative shall attend quarterly site inspections with the City during
the first 3 years of the warranty period to observe the RCC pavement and identify and document
any needed repairs or replacements. After the first 3 years of quarterly inspections, inspections
shall be every 6 months thereafter until the 10 year of warranty is met. The City will develop an
associated Required Repair or Replacement plan following inspection, provided to the
Developer for execution. All identified repairs or replacements shall be completed within 120
days of that plan unless the Developer and its approved contractor are delayed by force majeure
or other events beyond its control.
Section 13. INDEMNIFICATION.
Developer 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 indemnitees 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 construction, installation, existence, operation, use, maintenance, repair,
restoration, or removal of the public improvements associated with Roadway Improvements
within the Kings Landing Subdivision, including the injury, loss, or damage caused by the
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 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 attorney's fees which arise,
Participation Agreement
Subject to Pilot Program for Roller Compacted
Concrete Roadway Improvements Agreement Page 6 of 12
or are claimed to arise, out of or in connection with the asserted or recovered incident. This
indemnity survives the termination of this Agreement.
Section 14. DEFAULT. The following events shall constitute default:
(a). Developer fails to submit plans and specifications for the Roadway Improvements to the City
Engineer in advance of construction.
(b). Developer does not reasonably pursue construction of the Roadway Improvements under the
approved plans and specifications.
(c). Developer fails to complete construction of the Castle Black Drive under the approved plans
and specifications within 24 months.
(d). Developer fails to perform warranty work.
(e). Either the City or the Developer fails to comply with its duties or obligations under this
Agreement.
Section 15. 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 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 fail to perform any obligation or duty of this Agreement, the City shall
give notice to the Developer, at the address stated in Notice Section of this agreement, of the need
to perform the obligation or duty and, should the Developer 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.
(e). In the event of an uncured default by the Developer, 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. Bring Suit to enforce any provision of this agreement including the obligations to repair and
replace.
(f). In the event of an uncured default by the City after the appropriate notice and Cure Period, the
Developer has all its remedies at law or in equity for such default.
Participation Agreement
Subject to Pilot Program for Roller Compacted
Concrete Roadway Improvements Agreement Page 7 of 12
Section 16. FORCE MAJEURE.
(a). The term "force majeure" as employed in this Agreement means and refers to acts of God; acts
of a public enemy; insurrections; riots; epidemics; landslides; earthquakes; fires; hurricanes;
explosions; or other causes not reasonably within the control of the party claiming the inability.
(b). If, by reason of force majeure that is not known or reasonably anticipated at the time of this
agreement, 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 10 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.
Section 17. 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:
If to the City: If to the Developer:
City of Corpus Christi MPM Development, L.P.
Attn: Director, Development Services Attn: Moses Mostaghasi
2406 Leopard Street PO Box 331308
Corpus Christi, TX 78401 Corpus Christi, TX 78401
with a copy to:
City of Corpus Christi
Attn: City Engineer
P. O. Box 9277
Corpus Christi, TX 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, in accordance
with the provisions of this section, within five business days of the change.
Section 18. PROJECT CONTRACTS. Developer's contracts with the professional engineer for the
preparation of the plans and specifications for the construction of the Roadway Improvements, contracts
for testing services, and contracts with the contractor for the construction of the Roadway Improvements
must provide that the City is a third-party beneficiary of each contract.
Section 19. DISCLOSURE OF INTEREST. In compliance with Corpus Christi Code Sec. 2-249, the
Developer agrees to complete the Disclosure of Interests form attached to this Agreement and
incorporated by reference as Exhibit 7.
Participation Agreement
Subject to Pilot Program for Roller Compacted
Concrete Roadway Improvements Agreement Page 8 of 12
Section 20. CERTIFICATE OF INTERESTED PARTIES. Developer 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.
Section 21. CONFLICT OF INTEREST. Developer 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
Section 22. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of
this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement shall not be affected, and this Agreement shall be construed as if the
invalid portion had never been contained herein.
Section 23. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate
the purposes and intent of this Agreement.
Section 24. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding the sharing of costs for the Roadway
Improvements. It supersedes all prior or contemporaneous understandings or oral or written
representations regarding the subject matter hereof.
Section 25. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be
effective if signed by the authorized representatives of both Parties.
Section 26. APPLICABLE LAW; VENUE. This Agreement shall be construed in accordance with the
laws of the State of Texas. Venue for any action arising hereunder shall be in Nueces County, Texas.
Participation Agreement
Subject to Pilot Program for Roller Compacted
Concrete Roadway Improvements Agreement Page 9 of 12
Section 27. AUTHORITY. Each Party represents and warrants that it has the full right, power, and
authority to execute this Agreement.
Section 28. INDEPENDENT CONTRACTOR. Developer covenants and agrees that it is an
independent contractor, not an officer, agent, servant, or employee of the City. Developer shall have
exclusive control of and exclusive right to control the details of the work performed hereunder and all
persons performing same, and shall be liable for the acts and omissions of its officers, agents,
employees, contractors, subcontractors, and consultants. The doctrine of respondent superior shall not
apply between City and Developer, its officers, agents, employees, contractors, subcontractors, and
consultants. Nothing herein shall be construed as creating a partnership or joint enterprise between City
and Developer.
Section 29. 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 the said budget. It is within
the sole discretion of the City's City Council to determine whether 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.
Section 30. WAIVER OF TRIAL BY JURY. City and Developer agree that they have knowingly waived
and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation
arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties
subsequently agree otherwise in writing.
Section 31. ATTORNEY FEES. In the event that any action is instituted by City to enforce or interpret
any of the terms hereof, City shall be entitled to be paid all court costs and expenses, including
reasonable attorneys'fees, incurred by City with respect to such action, unless as a part of such action,
the court of competent jurisdiction determines that each of the material assertions made by City as a
basis for such action were not made in good faith or were frivolous. In the event of an action instituted
by or in the name of the Developer under this Agreement or to enforce or interpret any of the terms of
this Agreement, City shall be entitled to be paid all court costs and expenses, including attorneys' fees,
incurred by City in defense of such action (including with respect to City's counterclaims and cross-
claims made in such action), unless as a part of such action the court determines that each of City's
material defenses to such action were made in bad faith or were frivolous.
Section 32. NO WAIVER. The failure of the City to insist upon strict adherence to any term of this
agreement on any occasion shall not be considered a waiver of any of the City's rights under this
agreement or deprive the City of the right thereafter to insist upon strict adherence to that term or any
other term of this agreement.
Section 33. PILOT PROGRAM FOR RCC ROADWAY IMPROVEMENTS
Public Improvements shall be designed and constructed in compliance with Pilot Program for Roller
Compacted Concrete Roadway Improvements Agreement, as amended. Maintenance and warranty for
Public Improvements will be provided in accordance with the Pilot Program for Roller Compacted
Concrete Roadway Improvements agreement, as amended. Any conflict between this agreement and
the Pilot Program for Roller Compacted Concrete Roadway Improvements agreement, the Pilot
Program for Roller Compacted Concrete Roadway Improvements agreement shall control.
Participation Agreement
Subject to Pilot Program for Roller Compacted
Concrete Roadway Improvements Agreement Page 10 of 12
Exhibits Attached and Incorporated by Reference:
Exhibit 1 — Plat—King's Landing Unit 13
Exhibit 2 — Design Memorandum — King Landing Unit 13
Exhibit 3 —Geotechnical Report (Specific to Kings Landing Unit 13)
Exhibit 4 —Cost Estimate
Exhibit 5 —Performance Bond
Exhibit 6—Payment Bond
Exhibit 7—Disclosure of Interest
Incorporated by Reference Only:
Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement (referred to in this
Agreement as "Pilot Program")
Participation Agreement
Subject to Pilot Program for Roller Compacted
Concrete Roadway Improvements Agreement Page 11 of 12
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DEVELOPER: MPM Development, LP T1_1Q_T e���
Moses Mostaghasi Date
General Partner
ATT T:• CI 0 CORPUS RIS I'
(y_riez4fiAp,rt,i,,_
Rebecca Huerta Y a ace
City Secretary Inter' Director of Development Services
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(1-D5 l an-HOMED
BY COUNCIL
SE RE ratty
APPROVED AS TO LEGAL FORM:
-Cfr( 6-1/i/a 7-131
Buck Brice (Date)
Deputy City Attorney
For City Attorney
Participation Agreement
Subject to Pilot Program for Roller Compacted
Concrete Roadway Improvements Agreement Page 12 of 12
EXHIBIT 1
T%DOT Notes:
1.A Traffic Impact Analysis(TIA)shall be required for the ultimate 15 year development IJrrm&
forecast for the Intersections and access locations within 3500 feet of both sides of the subject
property line along FM 43.This TIA shall be required during the public improvement stage of so
this plat,prior to TxDOT Access Permitting for new streets,or City Site-work Permitting. . ,..,..... .. l�
T.No access locations beyond those identified herein shall be authorized for plats or re-plats I
without a variance for lots adjacent to State Right-Of-Way.A variance may be granted on a t �- •w
case by case basis when the Owner or their agent provides significant justification of a public
need for additional access.Justification shall be provided within a site specific Traffic O E ...
Engineering Study that will be reviewed during the TxDOT Access Permitting process. 'iL�":.m� m
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PRCLI.INNRY PLAY OP
KINGS LANDING,
CLAMS CHRISTI.'ACM 0NTY.lR
EXHIBIT 2
ROADWAY AND WATERLINE IMPROVEMENTS TO
SERVE KINGS LANDING UNIT 13
DESIGN MEMORANDUM
SEPTEMBER 2025
PRELIMINARY
NOT FOR CONSTRUCTION
FOR INFORMATION
PURPOSES ONLY
GABRIEL HINOJOSA, P.E. 106057
September 24, 2025
Prepared by: Gabriel Hinojosa, P.E.
ENGINEERING
CIVIL•WINDSTF•ORM19879 •CONSULTING
Table of Contents
EXECUTIVE SUMMARY
SECTION I Introduction
SECTION II Proposed Improvements
SECTION III Roadway Alignment
SECTION IV Waterline Alignment
SECTION V Roadway Design
SECTION VI Utility Design
SECTION VII Work Plan
SECTION VIII Construction Requirements
EXHIBITS:
A. Site Location
B. Master Plan Map
C. Development Exhibit
Design Memorandum
Page I 1
Executive Summary
The following is the Executive Summary for the plan submission for the Kings Landing Unit 13
Roadway and Waterline Improvements. This project involves the construction of a section of Castle
Black Rd., a Master Plan collector street and a 12"water grid main.
There is a proposed single family residential development located approximately 1 mile north of FM
43 (See Exhibit A). Currently there is one section of the collector constructed with Unit 11. Our
intention is to continue Castle Black Rd. per the master plan east through the proposed
development to eventually intersect County Road 33.
The proposed development includes approximately 31 acres of single-family residential homes with
approximately 140 lots.
The design of the roadway will follow criteria established by the Infrastructure Design Manual.
Streets shall be designed for a 30-year life in accordance with the American Association of State
Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures ("the
AASHTO Design Guide") 1993 Edition and supplements unless a later edition of the AASHTO
Design Guide is required by the Design Standards under the latest edition of the Infrastructure
Design Manual and supplements. (Ordinance 030023, 12/10/2013).
The proposed extension of Castle Black Rd. will be within a 75' right-of way and contain a 50-foot
back of curb to back of curb concrete road section. It will also contain 4' sidewalks on both sides.
Along roadway, a water line needs to be installed to serve the proposed development. The
proposed waterline will start at a stub-out on Castle Black Rd. at the end of Unit 11. The total length
for the 12-inch waterline installation is 290 linear feet. Fire hydrants shall be installed on the 12-inch
waterline at every 600 feet.The water line design will follow criteria established by the IDM. Material
for the water line will be PVC (Class 150 and DR 18) and the pipe shall meet the requirements of
AWWA-C900. Pipe embedment and trench backfill will conform to applicable City of Corpus Christi
standards.
Design Memorandum
Page I 2
SECTION I - Introduction
A. Purpose
The purpose of this project is to construct a section of Castle Black Rd. and waterline to serve
a proposed development. The proposed roadway infrastructure includes a concrete street
section, drainage infrastructure, waterlines, sanitary sewer and sidewalks.
There is a proposed development for a tract of land, project name Kings Landing Unit 13, 1 mile
north of FM 43. Currently there is a section of Castle Black constructed from Unit 11. This
section is approximately 290 linear feet.
There currently is an adopted Roadway Master Plan for this area (Exhibit B: City of Corpus
Christi Roadway Master Plan, London, Service Area 15). As part of the master plan there is a
proposed collector section. As part of the proposed improvements, a segment of the collector
will be constructed. The collector section will begin at the end of Unit 11 and extend east
approximately 290 feet.
The proposed waterline will start at a stub-out on Castle Black Rd. at the east end of Unit 11
Blvd from a previously constructed 12" waterline along the proposed section of the collector.
The total length for the 12-inch waterline installation is 290 linear feet. Fire hydrants shall be
installed on the 12-inch waterline at every 600 feet. The water line design will follow criteria
established by the IDM.
The proposed improvements as part of this project will provide vehicular, water and sanitary
sewer connectivity to future sections of Castle Black Rd. to the east including intersection at
County Road 33.
Design Memorandum
Page I 3
SECTION II — Proposed Improvements
A. Castle Black Roadway
1. 75' Right of Way
2. 50' Back to Back Concrete Pavement Section
• 8"Thick Concrete Pavement
• 12" Lime/Cement Stabilized subgrade
•
3. Drainage Infrastructure
4. 4' wide Sidewalk sections
B. Water
1. 12-inch diameter PVC
All proposed PVC water lines will be installed according to City of Corpus Christi Water
Standard depths.
2. Fittings
Fittings shall be either cast iron or ductile iron and shall conform to A.N.S.I. A21.10 and
A.W.W.A. C-110 and C-153, Latest Edition.
SECTION III - Roadway Alignment
A topographic survey will be conducted to identify existing conditions, utilities, and other possible
obstructions. The proposed section will begin at the east end of Unit 11 and continue east along the
same bearing for approximately 290 feet.
SECTION V — Water Line Alignment
A. Locations and Alignment for Proposed Water Lines
The proposed waterline will start at a stub-out on Castle Black Rd. at the east end of Unit 11
Blvd from a previously constructed 12"waterline and will extend from that point east. This line
will be installed inside the right of way on the south side of Castle Black Road.
B. Crossings
The future 12-inch waterline will cross the following:
Utilities
a. Sewer(Sanitary Sewer):
A preliminary investigation indicates that there will be a crossing of proposed
sewer lines, which will be designed per TCEQ & City Standards.
Design Memorandum
Page I4
We do not anticipate the following crossings:
b. Electrical:
There are overhead electrical lines at various locations along the proposed force main
route. To the best of our knowledge, all electrical lines are above ground and will not
interfere with the installation of the proposed water main.
c. Telephone and Fiberoptics:
It does not appear that there will be any crossing of telephone or fiberoptic lines.
d. Petroleum and Other Petrochemical Lines:
A preliminary investigation indicates that there should not be any crossing of existing
petroleum or petrochemical lines.
SECTION IV — Roadway Design
A. Pavement Design
1. The design of the roadway will follow criteria established by the Infrastructure Design
Manual. Streets shall be designed for a 30-year life in accordance with the American
Association of State Highway Transportation Officials (AASHTO) Guide for Design of
Pavement Structures ("the AASHTO Design Guide") 1993 Edition and supplements unless
a later edition of the AASHTO Design Guide is required by the Design Standards under the
latest edition of the Infrastructure Design Manual and supplements. (Ordinance 030023,
12/10/2013).
2. A Geotechnical Report has been conducted for this area.
SECTION VII — Design Flow for Sanitary Sewer and Water
A. Design Flow for Water Line
1. Service Area
The proposed sanitary sewer system is designed to serve approximately 31 acres of land
that includes multi-family, single-family, schools and commercial. There will be
approximately 140 lots for the entire proposed development.
2. Design Flow
The updated design flow from the proposed development was calculated as follows:
350 GPD/LOT AVG. DAILY
Total Lots= 140
Total Average Daily= 49,000 GPD
Therefore, the expected water demand for the proposed development is calculated to be
49,000 GPD
Design Memorandum
Page I 5
SECTION V — Work Plan
A. Surveys and Plan Preparation
1. Datum:
All work on this project (surveys, plans) will be on the Texas State Plane Coordinate
System, NAD 83, South Zone (City Standard Datum).
2. Ground Surveys:
Ground elevations and validation of general land features shall be made to determine
trench depths, utility locations and other obstructions. Specific areas of concern such
as major channels and street crossings will require more than the normal surveys to
identify topographic variations and other sub-surface structures.
3. Drawings
Drawings will be completed in accordance with the City of Corpus Christi's Standards,
properly coordinated with the project specifications and other details and arranged in
such a fashion as to allow the Contractor to accurately estimate the cost of the project
and construct it.
All drawings will be produced electronically using a computer aided drafting design
(CADD) package.
Horizontal and Vertical Scale: The scale recommended and utilized on this project shall
be 1"= 40' horizontal, 1" = 4' vertical.
All plan and profile sheets will be arranged as to read from left to right with the project
beginning at Mapache Pass.
Where possible, plan views will be oriented with the north to either the top or left of the
sheet.
Design Memorandum
Page I 6
SECTION VI — Construction Requirements
A. Disposal Of Excess Site Excavation Material
All excess excavation material shall be disposed of by the Contractor. Provisions shall be
provided in the Contract Documents to direct the Contractor in proper disposal of contaminated
soil.
B. Restoration
Fields and ditches shall be seeded or sodded to prevent erosion. All driveways and pavements
shall be repaired.
C. Storm Water Pollution Prevention Plan
A storm water pollution prevention plan shall be incorporated into the Contractor's work plan to
minimize pollution entering the storm sewers along the project (including open drainage
ditches). Specific emphasis shall be made near street intersections and large drainage facilities
where access to and from the work area shall be critical.
D. Erosion Control
There are no specific areas where the gravity main installation shall cause erosion of property.
Therefore, no specific erosion control measures are recommended beyond the City Standard
Stormwater Pollution Prevention Plan.
Design Memorandum
Page I 7
KINGS LANDING DEVELOPMENT ,
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EXHIBIT 3
tntertek
GEOTECHNICAL ENGINEERING REPORT
Proposed King's Landing Unit 13
Various Streets
Corpus Christi, Texas
PSI Project No. 03123586-1
PREPARED FOR:
MPM Development, LP
P.O. Box 331308
Corpus Christi, TX 78463
BY:
PROFESSIONAL SERVICE INDUSTRIES, INC.
810 S. Padre Island Dr.
Corpus Christi, Texas 78416
Phone: (361) 854-4801
inter`ek Professional Service Industries,Inc.
810 S.Padre Island Drive
Corpus Christi,Texas 78416
Office(361)854-4801
MPM Development,LP
P.O. Box 331308
Corpus Christi,TX 78463
Attn: Mr. Moses Mostaghasi
RE:GEOTECHNICAL ENGINEERING REPORT
PROPOSED KING'S LANDING UNIT 13
VARIOUS STREETS
CORPUS CHRISTI,TEXAS
PSI Project No.03123586-1
Mr. Mostaghasi:
Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit this Geotechnical
Engineering Report for the referenced project. This report includes the results from the field and
laboratory investigation along with recommendations for use in preparation of the appropriate design and
construction documents for this project.
PSI appreciates the opportunity to provide this Geotechnical Engineering Report and looks forward to
continuing participation during the design and construction phases of this project. PSI also has great
interest in providing materials testing and inspection services during the construction of this project and
will be glad to meet with you to further discuss how we can be of assistance as the project advances.
If there are questions pertaining to this report,or if PSI may be of further service,please contact us at your
convenience.
Respectfully submitted,
PROFESSIONAL SERVICE INDUSTRIES,INC.
Texas Board of Professional Engineers Certificate of Registration#F003307
1i : 4
p DEXTER BACON p
•
Philip L.Johnson, P.E. 0j� `.. 54560 Dexter Bacon, P.E.
Principal Consultant Chief Engineer
Senior Geotechnical Engineer
www.intertek.com/building
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
1.0 PROJECT INFORMATION
1.1 PROJECT AUTHORIZATION
Professional Service Industries, Inc. (PSI), an Intertek company, has completed a field exploration and
geotechnical evaluation for the proposed King's Landing Unit 13 project. Mr. Moses Mostaghasi
representing MPM Development, authorized PSI's services on 6/26/2025 by signing PSI Proposal No.
384966. PSI's proposal contained a proposed scope of work, lump sum fee,and PSI's General Conditions.
1.2 PROJECT DESCRIPTION
Based on information provided by the Client, PSI's review of a site plan entitled Public Improvements to
King's Landing, and prepared by Bass and Welch Engineering, and the results of this geotechnical
investigation,a summary of our understanding of the proposed project is provided in the following General
Project Description table.
TABLE 1.1:GENERAL PROJECT DESCRIPTION
New streets for a new King's Landing Unit 13
Project Items
residential development
Existing Grade Change within
Building Pad Area
Relatively Flat
Existing Grade Change within
Project Site Area
± 3 feet (estimated from Google Earth)
Finished Floor Elevation Not Provided
Pavement for Parking and Drives RCC Pavement
The geotechnical recommendations presented in this report are based on the available project
information, structure locations, and the subsurface materials encountered during the field investigation.
If the noted information or assumptions are incorrect, please inform PSI so that the recommendations
presented in this report can be amended,as necessary. PSI will not be responsible for the implementation
of provided recommendations if not notified of changes in the project.
1.3 PURPOSE AND SCOPE OF SERVICES
The purpose of this study is to evaluate the subsurface conditions at the site and develop geotechnical
engineering recommendations and guidelines for use in preparing the design and other related
construction documents for the proposed project. The scope of services included drilling soil borings,
performing laboratory testing, and preparing this geotechnical engineering report.
This report briefly outlines the available project information,describes the site and subsurface conditions,
and presents the recommendations regarding the following:
PAGE 3 ,A
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
• General site development and subgrade preparation recommendations;
• Estimated potential soil movements associated with collapsing, shrinking and swelling soils and
methods to reduce these movements to acceptable levels;
• Recommendations for site excavation, fill compaction, and the use of on-site and imported fill
material under pavements;
• Recommendations for the design and construction considerations for roller compacted concrete
(RCC) pavement for the proposed streets; and
• Utility design and construction considerations.
The scope of services for this geotechnical exploration did not include an environmental,mold nor detailed
seismic/fault assessment for determining the presence or absence of wetlands, or hazardous or toxic
materials in the soil, bedrock, surface water, groundwater, or air on or below, or around this site.
Statements in this report or on the boring logs regarding odors,colors,and unusual or suspicious items or
conditions are strictly for informational purposes.
PAGE 4 '^
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
2.0 SITE AND SUBSURFACE CONDITIONS
2.1 SITE DESCRIPTION
The following table provides a generalized description of the existing site conditions based on visual
observations during the field activities, as well as other available information.
TABLE 2.1:SITE DESCRIPTION
Site Location CR 49 and FM 43, Corpus Christi, Nueces County,Texas
Site History Farm Land, New Residential Construction
Existing Site Ground Cover Grass, weeds
Existing Grade/Elevation ± 3 feet (estimated from Google Earth)
Changes
North: Undeveloped Cultivated Fields
Site Boundaries/Neighboring East: London School
Development South: Weber Road
West: Residential Subdivision
Ground Surface Soil Support Good enough for construction vehicles when dry; Poor
Capability when wet
2.2 FIELD EXPLORATION
Field exploration for the project consisted of drilling a total of 18 borings. The boring design element,
boring labels, approximate depths and drilling footage are provided in the following table.
TABLE 2.2: FIELD EXPLORATION SUMMARY
Design Element Number of Boring Depth Drilling Footage
Borings (ft) (feet)
Pavement 16 10 130
Pavement/Utilities 2 20 40
TOTAL: 18 170
The boring locations were selected by PSI personnel and located in the field using a recreational-grade GPS
system. Elevations of the ground surface at the boring locations were not provided and should be surveyed
by others prior to construction. The references to elevations of various subsurface strata are based on
depths below existing grade at the time of drilling. The approximate boring locations are depicted on the
Boring Location Plan provided in the Appendix.
PAGE 5 1�'1
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
TABLE 2.3: FIELD EXPLORATION DESCRIPTION
Drilling Equipment Truck-Mounted Drilling Rig
Drilling Method Continuous Flight Augers
Drilling Procedure Applicable ASTM and PSI Safety Manual
Field Testing Hand Penetrometer, Standard Penetration Test (ASTM D1586)
Sampling Procedure ASTM D1587/1586
Sampling Frequency Continuously to a Depth of 10 Feet and at 5-foot Intervals
Thereafter
Frequency of Groundwater
During and After Drilling
Level Measurements
Boring Backfill Procedures I Soil Cuttings
During field activities, the encountered subsurface conditions were observed, logged, and visually
classified (in general accordance with ASTM D2487). Field notes were maintained to summarize soil types
and descriptions,water levels, changes in subsurface conditions,and drilling conditions.
2.3 LABORATORY TESTING PROGRAM
PSI supplemented the field exploration with a laboratory testing program to determine additional
engineering characteristics of the subsurface soils encountered.The laboratory testing program included:
TABLE 2.4: LABORATORY TESTING PROGRAM
Laboratory Test Procedure Specification
Visual Classification ASTM D2488
Moisture Content ASTM D2216
Atterberg Limits ASTM D4318
Material Finer than No.200 Sieve ASTM D1140
The laboratory testing program was conducted in general accordance with applicable ASTM Test Methods.
The results of the laboratory tests are provided on the Boring Logs in the Appendix. Portions of samples
not altered or consumed by laboratory testing will be discarded 60 days from the date shown on this
report.
2.4 SITE GEOLOGY
As shown on the Geologic Atlas of Texas, Corpus Christi Sheet, reprinted in 1975, the site is located in an
area where the Beaumont Formation (Qb) is present at or near the ground surface. The Beaumont
PAGE 6 ,^
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
Formation consists mostly of clay and sand intermixed with gravel. The Beaumont Formation thickness
varies from 3 to 10 meters to over 100 meters toward the southeast.
2.5 SUBSURFACE CONDITIONS
The results of the field and laboratory investigation have been used to generalize a subsurface profile at
the project site. The following subsurface descriptions provide a highlighted generalization of the major
subsurface stratification features and material characteristics.
TABLE 2.5:GENERALIZED SOIL PROFILE
Top Bot. LL Passing
Stratum (ft) (ft) Soil Type (%) PI #200 PP(Avg)
Sieve
1 0 20 Fat Clay 75 43 88 2.3
Where: LL=Liquid limit(%)
PI=Plasticity Index
PP—Hand Penetrometer(tsf)
The boring logs included in the Appendix should be reviewed for specific information at individual boring
locations.The boring logs include soil descriptions, stratifications, locations of the samples, and field and
laboratory test data. The descriptions provided on the logs only represent the conditions at that actual
boring location; the stratifications represent the approximate boundaries between subsurface materials.
The actual transitions between strata may be more gradual and less distinct. Variations will occur and
should be expected across the site.
2.5.1 GROUNDWATER INFORMATION
Water level measurements were performed during drilling and after completion of drilling. Specific
information concerning groundwater is noted on each boring log presented in the Appendix of this report.
Groundwater was not encountered during the field investigation of this site. Groundwater levels fluctuate
seasonally as a function of rainfall, proximity to creeks, rivers and lakes, the infiltration rate of the soil,
seasonal and climatic variations and land usage. In relatively pervious soils, such as sandy soils, the
indicated depths are a relatively reliable indicator of groundwater levels. In relatively impervious soils,
water levels observed in the borings may not provide a reliable indication of groundwater elevations,even
after several days. If a detailed water level evaluation is required,observation wells or piezometers can be
installed at the site to monitor water levels.
The groundwater levels presented in this report were measured at the time of PSI field activities. The
contractor should determine the actual groundwater levels at the site before construction activities.
3.0 GEOTECHNICAL EVALUATION AND RECOMMENDATIONS
PAGE 7 IA
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
3.1 GEOTECHNICAL DISCUSSION
The following design recommendations have been developed based on the previously described project
characteristics and subsurface conditions encountered. If there are changes in the project criteria, PSI
should be retained to determine if modifications in the recommendations will be required.The findings of
such a review would be presented in a supplemental report.Once final design plans and specifications are
available, a general review by PSI is recommended to observe that the conditions assumed in the project
description are correct and to verify that the earthwork and foundation recommendations are properly
interpreted and implemented within the construction documents.
3.2 POTENTIAL VERTICAL MOVEMENT OF EXPANSIVE SOILS
The soils encountered at the soil boring locations exhibit a high potential for volumetric changes, due to
fluctuations in soil moisture content. PSI has conducted laboratory testing on the soils to estimate the
expansive soil potential with soil moisture variations.These soil moisture variations are based on historical
climate change data for a particular site. Determining the soil potential for shrinking and swelling,
combined with historical climate variation, aids the engineer in quantifying the soil movement potential
of the soils supporting the floor slab and shallow foundations. Shrink/swell movement procedures using
two soil modeling systems, the Post Tensioning Institute's (PTI) "Design of Post-Tensioned Slabs-on-
Ground,3rd Edition"and Texas Department of Transportation (TxDOT)method TEX-124-E,were utilized to
approximate the Potential Vertical Movement(PVM)for this location.
3.2.1 SHRINK/SWELL MOVEMENT(PVM)ESTIMATE
Based on laboratory testing results and the TEX-124-E and the PTI methods, the potential vertical
movement(PVM)within the proposed project area is estimated to be approximately 4 inches.
It is not possible to accurately quantify actual soil moisture changes and resulting shrink/swell movements.
The PVM (often referred to as PVR)and referenced structural movements values provided should not be
considered absolute values that could occur in the field, but approximate values based on industry
standard practice and experience. Extreme soil moisture variations could occur due to unusual drought
severity, leaking water or sewer lines, , perched groundwater infiltration, or seasonal springs. Also, soil
desiccation from trees located adjacent to or previously underneath the building, downspouts directing
roof discharge under the foundation,poor drainage or irrigation line breaks could lead to moisture content
changes greater than accounted for from normal climate variations and result in excessive foundation
movements.
The unknown factors previously mentioned cannot be determined at the time of the geotechnical study.
Therefore, estimated shrink/swell movements are calculated only in consideration of historical climate
data related to soil moisture variations. Movements in excess of these assumed variations should be
anticipated and regular maintenance should be provided to address these issues throughout the life of the
1 structure.
4
PAGE 8 'n
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
3.3 UTILITY EXCAVATION AND LATERAL EARTH PRESSURE CONSIDERATIONS
New utility lines may be installed below the pavement. The pipe designer should account for sustained
loads due to the soil overburden pressures and potential surcharge loads that may be applied to the pipe.
The load due to the soil overburden pressures can be estimated using the total and effective unit weights
of the soil and depths of each layer of soil.A total unit weight of 110 pcf or buoyant weight of 64 pcf may
be assumed for on-site clayey material. In addition, hydrostatic pressures and/or surcharge loads, if
present,should also be accounted for in the design.
Unbalanced thrust forces could also be developed in the pipeline due to changes in direction, cross-
sectional areas, or if the pipe is terminated.These forces may cause joints to disengage if not adequately
restrained. To resist movement and overstressing the pipe, suitable buttressing should be provided. In
general, thrust blocks and/or concrete encasement are common methods of providing reaction for the
thrust restraint design. For design of thrust blocks and similar other thrust restraints may be designed in
consideration of an allowable passive resistance of 1,200 psf.
Unbalanced forces produced by grade and alignment changes can be resisted by friction on the pipe.The
frictional resisting force can be computed by multiplying the pressure produced by the combined weight
of the pipe, contained water, and soil overburden by a coefficient of friction between the pipe and
underlying bedding material.Based upon the recommended pipe installation and bedding,the unfactored
coefficient of friction is anticipated to be approximately 0.3.
The Occupational Safety and Health Administration(OSHA)Safety and Health Standards(29 CFR Part 1926,
Revised October 1989), require that excavations be constructed in accordance with the current OSHA
guidelines. Furthermore,the State of Texas requires that detailed plans and specifications meeting OSHA
standards be prepared for trench and excavation retention systems used during construction.
Most soils at this site consist primarily of clays that would be classified as OSHA Type"B" soils requiring a
temporary excavation slope no steeper than 1H:1V. However,any soils below the groundwater table would
be classified as Type"C"soils requiring temporary slopes no steeper than 1%2 H: 1V.
Groundwater was not encountered in the test borings during our field exploration.We recommend that
the contractor perform an investigation to establish groundwater levels prior to construction to evaluate
sloping and dewatering requirements prior to construction.
3.4 DISCUSSION OF BEDDING AND BACKFILL MATERIALS
Typically, the bedding and initial backfill around a buried pipeline is designed to support and protect the
pipe.Secondary backfill is then placed over the initial backfill and pipe to help protect the pipe,reestablish
the ground surface at the trench,and provide support to structures overlying the trench.
Generally,the bedding and initial backfill materials for piping consist of a graded gravel.The existing soils
at the pipe bearing levels should be removed to a minimum depth of six (6) inches below the bottom of
the pipe and replaced with gravel bedding.The bedding material should embed the lower quadrant or to
the midpoint of the pipe at a minimum and should be compacted in maximum compacted thickness of
eight(8) inches with mechanical hand compaction equipment. The initial backfill should extend from the
PAGE 9 '^
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
surface of the bedding to a point one (1) foot above the top of the pipe and should be compacted in
maximum compacted thickness of eight(8) inches with mechanical hand compaction equipment.
The secondary backfill may consist of material excavated from the trench. The secondary backfill should
be free of debris and should not contain stones greater than three (3) inches in diameter.The secondary
backfill should be placed at moisture contents between optimum and plus four(+4) percentage points of
optimum and compacted to at least 95 percent of the maximum dry density as determined by ASTM D698.
Each lift should be placed with a maximum compacted thickness of six (6) inches. Care should be taken
during backfill compaction to prevent structural damage to the pipe.
3.5 EXCAVATION AND SHORING CONSIDERATIONS
Lateral earth pressures from the soils will be applied to the trench shoring. Additionally, hydrostatic
pressures and any equipment loads,and other surcharges should be considered for trench shoring design.
The follow table should be utilized for the design of the allowable temporary slopes and trench shoring.
TABLE 3.1:EXCAVATION AND SHORING DATA
Material Type OSHA Soil Type At-Rest Condition,
Ko
Fat and Lean Clay(CH
li
and CL) B 0.60
Fat and Lean Clay
below
GWT(CH and CL), C 0.60
Clayey Sands(SC)
A lateral earth pressure of 120 pcf*Ko*depth(ft)should be used to evaluate lateral earth pressures applied
to the shoring in a rectangular distribution. These values do not consider hydrostatic pressures. We
recommend that the hydrostatic pressure be added to the lateral earth pressure in a triangular distribution
of 62.4 pcf* (X)for that portion of the shoring below the groundwater table.
3.6 SITE SEISMIC DESIGN RECOMMENDATIONS
For the purposes of seismic design, based on the encountered site conditions and local geology, PSI
interpreted the subsurface conditions to satisfy the Site Class D criteria for use at this site as defined by
the International Building Code (IBC).The site class is based on the subsurface conditions encountered at
the soil borings, the results of field and laboratory testing, experience with similar projects in this area,
and considering the site prepared as recommended herein. The table below provides recommended
seismic parameters for the project based on the 2018 edition of the IBC.
TABLE 3.2:RECOMMENDED DESIGN SEISMIC PARAMETERS
Seismic Parameter IBC 2018
0.2 sec (Ss) 0.064g
PAGE 1O '^
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
1.0 sec (Si) 0.033g
Site Coefficient 0.2sec, Fa 1.6
Site Coefficient 1.0 sec, Fv 2.4
0.2 sec (Sos) 0.068g
1.0 sec (SDi) 0.053g
4.0 PAVEMENT DESIGN RECOMMENDATIONS
4.1 PAVEMENT DESIGN PARAMETERS
PSI understands that Roller Compacted Concrete pavements are being considered for this project.
Pavement design recommendations based on the City of Corpus Christi IDM pavement design
requirements for the various planned street types as outlined in Table 4.1 below are provided. In addition,
PSI utilized the"AASHTO Guide for Design of Pavement Structures"published by the American Association
of State Highway and Transportation Officials to evaluate the pavement thickness recommendations in this
report.This method of design considers pavement performance,traffic,roadbed soil,pavement materials,
environment, drainage and reliability. Each of these items is incorporated into the design methodology.
PSI is available to provide laboratory testing and engineering evaluation to refine the site-specific design
parameters and sections, upon request. Details regarding the basis for this design are presented in the
table below.
TABLE 4.1:PAVEMENT DESIGN PARAMETERS AND ASSUMPTIONS
70 for Residential Street
Reliability, percent
75 for Local Residential Collector
80 for Minor Residential Collector(C1)
90 for Secondary Collector Street(C2)
Design Life 30 Years
Initial Serviceability Index 4.5
Terminal Serviceability Index 2.5
Residential Street: 50,000 ESALs
Local Residential Collector: 200,000 ESALs
Traffic Load
Minor Residential Collector(C1): 1,200,000 ESALs
Secondary Collector Street (C2): 2,000,000 ESALs
Standard Deviation 0.39
Concrete Compressive Strength 4,000 psi
PAGE 11 '/�
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
Estimated Subgrade California
Bearing Ratio (CBR) 2.0 for high plasticity clay subgrade
Estimated Subgrade Modulus of
Subgrade Reaction, k in pci
200 for lime/cement stabilized subgrade
Pavements supported on expansive soils will be subject to PVM previously presented (approximately 4
inches ± %: inch). These soil movements typically occur to some degree over the life of the pavement.
Consequently, pavements can be expected to crack and require periodic maintenance. The pavement
section thickness of approximately 15 to 16 inches would reduce the anticipated PVR to approximately 2
IA inches. It is our opinion that this magnitude of PVR can be primarily resisted considering a concrete or
RCC pavement section.
During the paving life, maintenance to seal surface cracks within concrete pavement and to reseal joints
within concrete pavement should be undertaken to achieve the desired paving life. Perimeter drainage
should be controlled to prevent or retard influx of surface water from areas surrounding the paving.Water
penetration leads to paving degradation. Water penetration into subgrade materials, sometimes due to
irrigation or surface water infiltration, leads to pre-mature paving degradation. Curbs should be used in
conjunction with concrete paving to reduce potential for infiltration of moisture into the subgrade. Clay
type compacted materials (12-25) or flowable fill should be placed on top of the base and beneath the
sidewalk so that a path for moisture infiltration under the curb and into the pavement section is mitigated.
The City of Corpus Christi requires the base and subgrade to be extended beneath the curb and gutter and
to 2 feet behind the Curb.In accordance with City Standard Spec 025612(Concrete Curb and Gutter)there
is a requirement for compaction behind the Curb within 48 hours of removing forms.
Material specifications,construction considerations, and thickness section requirements are presented in
following sections.
The presented recommended pavement sections are based on the field and laboratory test results for the
project, City of Corpus Christi pavement design practice, design assumptions presented herein and
previous experience with similar projects.The project Civil Engineer should verify that the design values
are appropriate for the expected traffic and design life of the project. PSI should be notified in writing if
the assumptions or design parameters are incorrect or require modification.
4.2 PAVEMENT SECTION RECOMMENDATIONS
PSI anticipated that the roadways will be used primarily by typical residential traffic primarily consisting of
passenger vehicles, pickup trucks, school buses, delivery vehicles, and garbage trucks. PSI is providing
thickness sections based on experience with similar facilities constructed on similar soil conditions for the
design traffic loading anticipated.
4.2.1 ROLLER COMPACTED CONCRETE PAVEMENT
Thickness recommendations for roller compacted concrete(RCC) pavement are provided below.
PAGE 12 '^
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
Roller Compacte6tt•
Lime Treated Subgrade n-
Native Soil
FIGURE 4.1:ROLLER COMPACTED CONCRETE PAVEMENT TYPICAL SECTION
TABLE 4.2:ROLLER COMPACTED CONCRETE PAVEMENT DESIGN THICKNESS
Thickness (in)
Material Residential Local Minor Secondary
Residential Residential
Street Collector (C2)
Collector Collector (C1)
RCC Pavements 7.0 7.0 7.0 8.0
Lime/Cement Treated 8 8 12 12
Subgrade
The AASHTO design calculation spreadsheets for these various street classifications are included in the
Appendix.
4.2.2 GENERAL PAVEMENT DESIGN AND CONSTRUCTION RECOMMENDATIONS
Roller compacted concrete pavement should be constructed in general accordance with TxDOT Special
Specification 3016, Roller Compacted Concrete(included in the Appendix). Recommendations based upon
the TxDOT specification are presented in the following table.
TABLE 4.3: PAVEMENT PROFILE DESIGN AND CONSTRUCTION RECOMMENDATIONS
Minimum Undercut Depth 6 inches or as needed to remove roots
Reuse Excavated Soils Free of roots and debris and meet material
requirements of intended use
Undercut Extent 2 feet beyond back of curb
Proof-roll with rubber-tired vehicle weighing at
Exposed Subgrade Treatment least 20 tons. A representative of the
Geotechnical Engineer should be present during
proof-roll.
PAGE 13 ,^
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
Excavate to firmer materials and replace with
Proof-Rolled Pumping and Rutting Areas compacted general or select fill under direction
of a representative of the Geotechnical Engineer
Materials free of roots, debris, and other
General Fill deleterious materials with a maximum rock size
of 4 inches with a CBR greater than 3.This will
be confirmed by CMT.
Minimum General Fill Thickness As required to achieve grade
Maximum General Fill Loose Lift Thickness 9 Inches
Performed in general accordance with TxDOT
Item 260. Subgrade treated with lime should
achieve a pH of 12.4 or greater. A lime series test
should be performed at the time of construction
after the pavement subgrade soils are
established to determine the lime requirement.
For estimating purposes, use 3% lime by dry
Lime/Cement Treatment weight. Sulfate testing should also be conducted
before placement of lime to evaluate the
potential for sulfate induced heave from the
lime stabilization.The organic content of the
subgrade should not exceed 1%. Once the min.
24 hour mellowing period for lime is complete,
the lime stabilized subgrade should be cement
stabilized with 5%cement per TxDOT Item 275.
Proposed RCC Mix Design should be reviewed by City of
RCC Mix Design Portland and PSI prior to construction.A trial batch is
required to ensure workability and compressive strength.
Concrete Compressive Strength(28 days) Minimum 4,000 psi
Cement:TxDOT Item 421.
Aggregates: RCC Combined Aggregates Gradation for RCC
Concrete Cement and Aggregates
Surface Course.Materials Passing the No.40 Sieve should
have a Plasticity Index of less than 4.
PAGE 14 '^
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
The RCC should be compacted to a min.dry density of at
least 95%of the Modified Proctor(ASTM D-1557)
maximum dry density within 2%of optimum moisture
content.
Quality Control of RCC Pavements
Molding compressive strength: Per ASTM C1435, 1 set of 4
of cylinders for 2@7 days,2@28 days compression testing
for every 1,500 cy of RCC with a minimum of 2 sets per
day.
The concrete batch plant should be within 30 minutes
from point of placement.Production of RCC must be
Placement of RCC Pavements adequate to mitigate the potential of unplanned cold
joints.The pavement should be placed and compacted as
required by TxDOT Special Specification 3016.
ASTM C1040-In-Place Density of Unhardened and
Hardened Concrete, Including Roller Compacted
Compaction Testing of RCC Pavements Concrete, By Nuclear Methods.Single Lift and a minimum
of 2 tests per day or per 500 CY.Testing should be
completed within 30 minutes after rolling.
Transverse Joints:Maximum 15-foot intervals.Joints
should be saw blade width to a depth of at least'/<the
pavement thickness and filled and sealed with approved
RCC Crack Control joint sealants and fillers.
Expansion and Control Joints:As required. Filled and
sealed with approved joint sealants and fillers.
TABLE 4.4:COMPACTION AND TESTING RECOMMENDATIONS FOR PAVEMENT AREAS
Location Material Test Method for Percent Optimum Testing
Density Compaction Moisture Frequency
Determination Content
Pavement Scarified ASTM D698 > 95% 0 to+4% 1 per 7,500
Areas Onsite Soil SF; min. 3
(Subgrade) tests
General Fill ASTM D698 > 95% 0 to+4% 1 per 10,000
(Onsite SF; min. 3
Material) per lift
RCC ASTM D1557 >_ 95% --- Single Lift
Pavement 1 per 500 CY
or
RCC ASTM 1170 > 98% Single Lift
Pavement 1 per 500 CY
PAGE 15
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
5.0 CONSTRUCTION CONSIDERATIONS
PSI should be retained to provide observation and testing of construction activities involved in the
earthwork, pavements and related activities of this project. PSI cannot accept any responsibility for any
conditions which deviate from those described in this report, nor for the performance of the pavements if
not engaged to also provide construction observation and materials testing for this project. The PSI
geotechnical engineer of record should be retained to provide continuing geotechnical consulting services
and construction document review, even if periodic on-call testing is contracted with PSI Construction
Services.
5.1 INITIAL SITE PREPARATION CONSIDERATIONS
5.1.1 SUBGRADE PREPARATION FOR SITE WORK OUTSIDE PAVEMENT AREAS
Grade adjustments outside of the pavement areas can be made using select or general fill materials.The
clean excavated onsite soils may also be reused in areas not sensitive to movement.
TABLE 5.1:SUBGRADE PREPARATION FOR NON-STRUCTURAL-GENERAL FILL
Minimum Undercut Depth 6 inches or as needed to remove roots, organic
and/or deleterious materials
Proof-roll with rubber-tired vehicle weighing at
Exposed Subgrade Treatment least 20 tons. A representative of the
Geotechnical Engineer should be present during
proof-roll.
Excavate to firmer materials and replace with
Proof-Rolled Pumping and Rutting Areas compacted general or select fill under direction
of a representative of the Geotechnical Engineer
Clean material free of roots, debris and other
General Fill Type deleterious material with a maximum particle
size of 4 inches
Maximum General Fill Loose Lift Thickness 8 inches
TABLE 5.2:FILL COMPACTION RECOMMENDATIONS OUTSIDE OF PAVEMENT AREAS
Test Method for Optimum
Percent Testing
Location Material Density Moisture
Compaction Frequency
Determination Content
Outside of 1 per
Pavement General Fill ASTM D698 >_ 95% 0 to+4% 10,000
Areas
PAGE 16 '/�
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
SF;
min. 3 per
lift
5.2 MOISTURE SENSITIVE SOILS/WEATHER RELATED CONCERNS
The soils encountered are sensitive to disturbances caused by construction traffic and changes in moisture
content. During wet weather periods, increases in the moisture content of the soil can cause significant
reduction in the soil strength and support capabilities. In addition,soils which become wet may be slow to
dry and thus significantly retard the progress of grading and compaction activities. It will, therefore, be
advantageous to perform earthwork,foundation,and construction activities during dry weather.
5.3 SULFATES EVALUATION
As indicated previously, the pavement subgrade soils and imported embankment fills should be regularly
screened for sulfates during construction. When soluble sulfates are detected above 500 ppm TxDOT
Guidelines for Treatment of Sulfate Rich Soils shall be followed.TxDOT has identified mitigation procedures
of sulfate bearing soils into three categories, Traditional Treatment, Modified Treatment, and an
Alternative Treatment.
The Contractor shall follow the mitigation procedures outlined above when high sulfate concentrations
(above 3000 ppm) are encountered along the alignment. The amount of mellowing time and moisture
content required shall be determined during the mix design process using Tex-145-E, Part II as outlined in
TxDOT Guidelines. Furthermore, the sulfate content and the treatment shall be verified in the field in
accordance with project Quality Assurance Procedures and TxDOT specifications.
5.4 EXCAVATION OBSERVATIONS
The excavations should be observed by a representative of PSI prior to concrete placement to assess that
the materials are consistent with the materials discussed in this report. This is especially important to
identify the condition and acceptability of the exposed subgrades under the pavements. Soft or loose soil
zones encountered at the bottom of the beam excavations should be removed to the level of competent
soils as directed by the Geotechnical Engineer.Cavities formed as a result of excavation of soft or loose soil
zones should be backfilled with compacted select fill or lean concrete.
After opening, excavations should be observed, and concrete placed as quickly as possible to avoid
exposure to wetting and drying. Surface run-off water should be drained away from the excavations and
not be allowed to pond. If excavations must be left open an extended period,they should be protected to
reduce evaporation or entry of moisture.
5.5 DRAINAGE CONSIDERATIONS
Water should not be allowed to collect in or adjacent to excavations or on prepared subgrades within the
construction area either during or after construction. Proper drainage around grade supported sidewalks
and flatwork is also important to reduce potential movements. Excavated areas should be sloped toward
one corner to facilitate removal of collected rainwater,groundwater,or surface runoff.
PAGE 17 1/1
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
5.6 EXCAVATIONS AND TRENCHES
Excavation equipment capabilities and field conditions may vary. Geologic processes are erratic and large
variations can occur in small vertical and/or lateral distances. Details regarding "means and methods"to
accomplish the work (such as excavation equipment and technique selection) are the sole responsibility
of the project contractor. The comments contained in this report are based on small diameter borehole
observations.The performance of large excavations may differ.
The Occupational Safety and Health Administration(OSHA)Safety and Health Standards(29 CFR Part 1926,
Revised October 1989), require that excavations be constructed in accordance with the current OSHA
guidelines. Furthermore, the State of Texas requires that detailed plans and specifications meeting OSHA
standards be prepared for trench and excavation retention systems used during construction. PSI
understands that these regulations are being strictly enforced, and if they are not closely followed, the
owner and the contractor could be liable for substantial penalties.
The contractor is solely responsible for designing and constructing stable, temporary excavations and
should shore, slope, or bench the sides of the excavations as required to maintain stability of both the
excavation sides and bottom.The contractor's"responsible person",as defined in 29 CFR Part 1926,should
evaluate the soil exposed in the excavations as part of the contractor's safety procedures.In no case should
slope height,slope inclination,or excavation depth,including utility trench excavation depth,exceed those
specified in local,state, and Federal safety regulations.
PSI is providing this information solely as a service to the client. PSI does not assume responsibility for
construction site safety or the contractor's or other parties'compliance with local,state,and Federal safety
or other regulations.A trench safety plan was outside the scope of this project.
PAGE 18 '/�
Proposed King's Landing Unit 13 Subdivision PSI Project No:03123586-1
Corpus Christi,Texas
6.0 REPORT LIMITATIONS
The recommendations submitted in this report are based on the available subsurface information obtained
by PSI and design details furnished by the client for the proposed project. If there are revisions to the plans
for this project,or if deviations from the subsurface conditions noted in this report are encountered during
construction, PSI should be notified immediately to determine if changes in the foundation
recommendations are required. If PSI is not notified of such changes, PSI will not be responsible for the
impact of those changes on the project.
The Geotechnical Engineer warrants that the findings, recommendations, specifications, or professional
advice contained herein have been made in accordance with generally accepted professional Geotechnical
Engineering practices in the local area. No other warranties are implied or expressed.This report may not
be copied without the expressed written permission of PSI.
After the plans and specifications are more complete,the Geotechnical Engineer should be retained and
provided the opportunity to review the final design plans and specifications to check that the engineering
recommendations have been properly incorporated in the design documents. At this time, it may be
necessary to submit supplementary recommendations. If PSI is not retained to perform these functions,
PSI will not be responsible for the impact of those conditions on the project.
This report has been prepared for the exclusive use of MPM Homes, Inc. for specific application to the
proposed King's Landing Unit 9 in Corpus Christi,Texas.
PAGE 19
tntertek
APPENDIX
PAGE 20 �/1
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PAGE 21
Y
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
9/8/2025
Kings Landing Unit 13-Cost
Oversize Castle Black Dr.(Residential to C-3 Collector)
Cost of Oversized Street
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL
1 8"PCCP/RRCP TO LIP OF GUTTER 1611 SY $ 95.00 $ 153,045.00
2 12"LIME STABILIZED SUBGRADE TO 2'BC 1740 SY $ 45.00 $ 78,300.00
3 12"PORTLAND CEMENT STABILIZED SUBGRADE TO 2'BC 1740 SY $ 35.00 $ 60,900.00
4 EXCAVATION TO 2'BC 1740 SY $ 4.00 $ 6,960.00
$ 299,205.00
Cost of Residential Street
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL
1 7"PCCP/RCCP TO LIP OF GUTTER 902 SY $ 72.00 $ 64,944.00
2 8"LIME STABILIZED SUBGRADE TO 2'BC 1031 SY $ 28.00 $ 28,868.00
3 8"PORTLAND CEMENT STABILIZED SUBGRADE TO 2'BC 1031 SY $ 22.00 $ 22,682.00
4 EXCAVATION TO 2'BC 1031 SY $ 4.00 $ 4,124.00
$ 120,618.00
CITY PORTION EQUALS DIFFERENCE IN CONSTRUCTION COST $ 178,587.00
11%ENGINEERING,SURVERYING,&TESTING $ 19,644.57
7%CONTINGENCY $ 12,501.09
2%BOND $ 3,571.74
TOTAL AMOUNT REIMBURSABLE $ 214,304.40
Page 1 of 1
EXHIBIT 5
PERFORMANCE BOND BOND NO.
Developer as Principal Surety
Name: Name:
Mailing address(principal place of business): Mailing address (principal place of business):
Physical address(principal place of business):
City as Obligee
Name: City of Corpus Christi
Mailing address(principal place of business):
City of Corpus Christi Surety is a corporation organized and existing
Attn: Director, Development Services Department under the laws of the state of:
2406 Leopard Street
Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority
to do business in the State of Texas and its license
Contract to execute bonds in the State of Texas.
Title of Agreement: Telephone(main number):
For Subdivision:
Telephone(for notice of claim):
Local Agent for Surety
Name:
Award Date of the Contract: Address:
Total Project Cost/Bond Sum:
Telephone:
Bond E-Mail Address:
The address of the surety company to which any
notice of claim should be sent may be obtained
Date of Bond: from the Texas Dept. of Insurance by calling the
following toll free number:1-800-252-3439
(Date of Bond cannot be earlier than Award Date of
the Contract)
Performance Bond Standard Form
Development Services
Approved to Legal Form BB 11.14.22 Page 1 of 3
Surety and Developer, intending to be legally bound and obligated to Obligee do each cause this
Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The
Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally to this bond. The condition of this obligation is such that if the Developer as Principal
faithfully performs the Work required by the Contract, then this obligation shall be null and void;otherwise
the obligation is to remain in full force and effect. The Contract between Obligee and Developer is
incorporated by reference into this Statutory Performance Bond, pursuant to Chapter 2253 of the Texas
Government Code. Provisions of the bond shall be pursuant to the terms and provisions of Texas Insurance
Code 3503, Texas Government Code 2253,and all other applicable laws and regulations., and all liabilities
on this bond shall be determined in accordance with the provisions of said Chapters to the same extent as
if it were copied at length herein.
If Developer does not faithfully construct and complete said Work under its contract with Obligee, and
Obligee invokes its contractual rights and declares Developer in default,Surety shall promptly remedy the
default, and at Obligee's sole option,Surety shall:
1. Within a reasonable time (but not later than 30 days after Surety receives written notice of
Developer's default), with written notice to Obligee,step into and assume the role, all rights and
all obligations of the defaulting Developer under the Contract. Upon assumption of this role,
Surety directly shall contract with a Completion Contractor hired/engaged by Surety to complete
the Work. The selection of the Completion Contractor must be approved in writing by Obligee.
Surety shall be responsible for any and all costs incurred, up to the Bond Sum, to complete the
Work;or
2. In the event Surety fails to contract with a Completion Contractor within 90 days of receipt of
Obligee's written notice of Default, Obligee may, at Obligee's sole discretion,select a Completion
Contractor in accordance with Texas law to complete the Work. In this event, Surety shall pay
Obligee any and all costs, up to the Bond Sum,for Obligee's selected Completion Contractor to
complete the Work;or
3. At Obligee's sole discretion, Surety shall pay Obligee the estimated amount for Obligee to execute
a Project Completion Contract with a Completion Contractor, selected by Obligee in accordance
with Texas Law,solely to complete the Work. Surety shall pay Obligee any and all costs, up to the
Bond Sum,for Obligee-selected Completion Contractor to complete the Work.
The obligations of the parties under this Bond shall be performable in Nueces County, Texas.If legal action,
such as civil litigation, is necessary in connection with this Bond, venue shall lie exclusively in Nueces
County, Texas.
Performance Bond Standard Form
Development Services
Approved to Legal Form BB 11.14.22 Page 2 of 3
Developer as Principal Surety
Signature: Signature:
Name: Name:
Title: Title:
Email Address: Email Address:
(Attach Power of Attorney and place surety seal below)
END OF SECTION
Performance Bond Standard Form
Development Services
Approved to Legal Form BB 11.14.22 Page 3 of 3
EXHIBIT 6
PAYMENT BOND BOND NO.
Developer as Principal Surety
Name: Name:
Mailing address(principal place of business): Mailing address(principal place of business):
Physical address(principal place of business):
City
Name: City of Corpus Christi,Texas
Mailing address(principal place of business):
City of Corpus Christi Surety is a corporation organized and existing
Attn: Director, Development Services Department under the laws of the state of:
2406 Leopard Street
Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority
to do business in the State of Texas and its license
Contract to execute bonds in the State of Texas.
Title of Agreement: Telephone (main number):
For Subdivision: Telephone (for notice of claim):
Local Agent for Surety
Name:
Award Date of the Contract: Address:
Total Project Cost/Bond Sum:
Bond Telephone:
E-Mail Address:
Date of Bond:
(Date of Bond cannot be earlier than Award Date of The address of the surety company to which any
Contract) notice of claim should be sent may be obtained
from the Texas Dept. of Insurance by calling the
following toll free number:1-800-252-3439
Payment Bond Standard Form
Development Services
Approved to Legal Form BB 11.14.22 Page 1 of 2
Surety and Developer, intending to be legally bound and obligated to City, do each cause this Payment
Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and
Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and
severally to this bond. The condition of this obligation is such that if the Developer as Principal pays all
claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required
by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force
and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and
Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be
determined in accordance with the provisions of said Chapter to the same extent as if it were copied at
length herein. This Bond is made and entered into solely for the protection of all claimants supplying labor
and material in the prosecution of the Work provided for in said Contract,and all such claimants shall have
a direct right of action under the Bond as provided in Chapter 2253, Texas Government Code. The Surety,
for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of the Contract or to the Work to be performed under the Contract shall in any wise affect its
obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Contract or to the Work to be performed under the Contract.
Venue shall lie exclusively in Nueces County, Texas for any legal action.
Developer as Principal Surety
Signature: Signature:
Name: Name:
Title: Title:
Email Address: Email Address:
(Attach Power of Attorney and place surety seal below)
END OF SECTION
Payment Bond Standard Form
Development Services
Approved to Legal Form BB 11.14.22 Page 2 of 2
4
EXHIBIT 7
City of CITY OF CORPUS CHRISTI
Corpus
Christi
DISCLOSURE OF INTEREST
Corpus Christi Code 2-349, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the
question is not applicable, answer with "NA". See next page for Filing Requirements, Certification
and Definitions.
COMPANY NAME: MPM Development, LP
STREET ADDRESS: 2301 Airline Rd Ste 209 P.O.BOX: 331308
CITY: Corpus Christi STATE: Texas zip: 78463
FIRM IS: 1. Corporation ❑ 2. Partnership E 3. Sole Owner ❑
4. Association ❑ 5. Other ❑
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department(if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named"firm."
Name Title
3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Mosea (Moses) Mostaghasi Board, Commission or Committee
Capital Improvement Advisory Commity
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
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: Mossa (Moses) Mostaghasi Title: General Partner
Signature of Date:
Certifying Person:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee of the city, including the board
of any corporation created by the city.
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, whether under civil service or not, including part-time
employees and employees of any corporation created by the city.
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.