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Home My WebLink AboutAgenda Packet City Council - 10/20/2020City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, October 20, 2020 Addendums may be added on Friday. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Mayor Joe McComb. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS Page 1 City of Corpus Christi Printed on 10/19/2020 October 20, 2020City Council Meeting Agenda - Final-revised G.MINUTES: 1.20-1252 Regular Meeting of October 13, 2020 H.BOARD & COMMITTEE APPOINTMENTS: (NONE) I.EXPLANATION OF COUNCIL ACTION: J.CONSENT AGENDA: (ITEMS 2 - 11) Consent - Second Reading Ordinances 2.20-1222 Zoning Case No. 0820-02, JAR Development (District 5). Ordinance rezoning property at or near 7872 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District. (Planning Commission and Staff recommend Approval) (Requires 2/3 vote) Sponsors:Development Services 3.20-1168 Ordinance authorizing Wastewater Collection Line Construction Reimbursement Agreement with Grangefield Development, LLC for a planned residential subdivision named Grange Park Unit 3 with completion within 18 months; transferring $140,000 from the Water Arterial Transmission and Grid Main Trust Fund to the Sanitary Sewer Collection Line Trust Fund; and appropriating $160,164.94 from the Sanitary Sewer Collection Line Trust Fund, to reimburse the developer per the agreement. (District 5) (Requires 2/3 vote) Sponsors:Development Services 4.20-1162 Ordinance authorizing acceptance of a grant from the State of Texas, Department of Transportation for the FY 2021 Click It or Ticket Program for the Police Department in an amount of $15,000.00 with a City cash match of $4,266.85 for overtime and fringe benefits with funding available from the General Fund; and appropriating $15,000.00 in the Police Grants Fund. (Requires 2/3 vote) Sponsors:Police Department 5.20-1106 Ordinance authorizing a three-year service agreement for wrecker services for City-owned heavy vehicles and equipment with, DRR & RS Inc., dba Apollo Towing Service, which is determined to be the lowest responsible bidder, for an amount not to exceed $165,000.00, to be used for towing services, effective upon issuance of notice to proceed, with funding available in the FY 2021 Fleet Maintenance Fund. (Requires 2/3 vote) Sponsors:Asset Management Department and Contracts and Procurement 6.20-1153 Ordinance amending the Wastewater Collection System Master Plan for Page 2 City of Corpus Christi Printed on 10/19/2020 October 20, 2020City Council Meeting Agenda - Final-revised the Greenwood Wastewater Treatment Plant, Service Area 5, to phase construction of an 8" force main from a proposed West Point Lift Station; and amending the Comprehensive Plan. Sponsors:Planning & Environmental Services 7.20-1230 Ordinance authorizing the issuance of Utility System Junior Lien Revenue Improvement Bonds, New Series 2020C in an amount not to exceed $11,425,000; providing for payment and security, by a junior and inferior lien on and pledge of the net revenues of the City’s utility system; stipulating terms and conditions for additional revenue bonds; and complying with Texas Water Development Board regulations; for a potential future seawater desalination plant . (Requires 2/3 vote) Sponsors:Finance & Business Analysis Consent - Contracts and Procurement 8.20-1196 Motion authorizing a five-year service agreement with Linebarger, Goggan, Blair, & Sampson, LLP for delinquent fine collection services for Municipal Court Class C misdemeanors like traffic violations, disorderly conduct, and public intoxication, in the amount of a 30% collection fee added to the fine with no funding required in the FY 2021 budget. (Requires 2/3 vote) Sponsors:Municipal Court Administration and Contracts and Procurement Consent - Capital Projects 9.20-0942 Motion awarding a professional services contract to LNV, Inc., of Corpus Christi, Texas to prepare an Engineering Letter Report that includes an evaluation of the condition of the force main, a preliminary design, and provides repair options, recommendations, and cost estimates for the Williams Lift Station’s Force Main in an amount not to exceed $183,290.00, located in City Council Districts 4 and 5, with funding available from the FY 2021 Wastewater Capital Improvement Program Fund. (Requires 2/3 vote) Sponsors:Engineering Services General Consent Items 10.20-1219 Resolution authorizing five grant application submissions to the Texas General Land Office for Community Development Block Grant-MIT program for 2015 Floods State Mitigation Competition and Hurricane Harvey State Mitigation Competition funds. (Requires 2/3 vote) Sponsors:Development Services 11.20-0987 Motion approving a five-year Business Incentive Agreement between the Corpus Christi B Corporation and Next Sports Company (“NSC”) in the amount of $1,850,000 for improvements associated with a sports complex on Old Brownsville Road consisting of eight multi-purpose fields to be used Page 3 City of Corpus Christi Printed on 10/19/2020 October 20, 2020City Council Meeting Agenda - Final-revised for soccer, lacrosse, field hockey, flag football, and cheerleading for both children and adults; creating and retaining jobs; and requiring NSC within 90 days of executing the agreement to demonstrate that funding has been secured for the project; effective upon signature of the City Manager or designee. (Requires 2/3 vote) Sponsors:Corpus Christi Regional Economic Development Corporation K.RECESS FOR LUNCH L.PUBLIC HEARINGS: (ITEM 12) 12.20-1214 Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan, by deleting a portion of Civitan Drive between Ayers St and Crosstown Expressway (State Highway 286); and providing for publication. Sponsors:Planning & Environmental Services M.REGULAR AGENDA: (NONE) N.FIRST READING ORDINANCES: (ITEMS 13 - 14) 13.20-1215 Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $157,601.00 for the FY 2020 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department; and appropriating $157,601.00 in the Police Grants Fund with $78,800.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $78,801.00 to be used by the City. (Requires 2/3 vote) Sponsors:Police Department 14.20-0865 Ordinance accepting and appropriating Airport Grant # 60 from the United States Department of Transportation-Federal Aviation Administration in the amount of $8,846,317.00 for the Corpus Christi International Airport, Terminal Apron Phase IV and East General Aviation Apron Phase V projects and awarding a construction contract in the amount of $11,201,609.96 to Head, Inc. of Columbus, Ohio, with funding available in the Airport Capital Improvement Fund. (Requires 2/3 vote) Sponsors:Engineering Services, Aviation Department and Contracts and Procurement O.BRIEFINGS: (NONE) P.EXECUTIVE SESSION: (ITEMS 15 - 16) 15.20-1282 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult Page 4 City of Corpus Christi Printed on 10/19/2020 October 20, 2020City Council Meeting Agenda - Final-revised with attorneys concerning legal issues related to a potential Business Incentive Agreement between the Corpus Christi B Corporation and Next Sports Company LLC and/or related entities for a sports complex on Old Brownsville Road consisting of eight multi-purpose fields to be used for soccer, lacrosse, field hockey, flag football, and cheerleading for both children and adults; and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s) 16.20-1298 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City Auditor and Texas Government Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, or duties of a public officer or employee (including, but not limited to, the City Auditor). Q.IDENTIFY COUNCIL FUTURE AGENDA ITEMS R.ADJOURNMENT Page 5 City of Corpus Christi Printed on 10/19/2020 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, October 13, 2020 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:32 a.m. Invocation to be given by Mayor Joe McComb.B. Mayor McComb gave the invocation Pledge of Allegiance to the Flag of the United States and to the Texas Flag.C. Mayor McComb led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Note: Council Members Roland Barrera and Everett Roy participated by video conference. Council Member Michael Hunter participated telephonically. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Page 1City of Corpus Christi Printed on 10/16/2020 October 13, 2020City Council Meeting Minutes PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. E. Mayor McComb referred to comments from the public. Errol Summerlin, Portland, TX called in regarding Item 20. COUNCIL MEMBER RESIGNATION: (ITEM 1)F. 1.Motion to accept the resignation of At-Large Council Member Rudy D. Garza, Jr. effective October 13, 2020. Mayor McComb referred to Item 1. Council Members, City Manager Peter Zanoni and City Secretary Rebecca Huerta thanked Council Member Garza for his dedicated service to the community. Council Member Smith made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: (NOTE: Upon passage of the motion accepting Council Member Rudy Garza’s resignation, he left the meeting. A vacancy was then created on the City Council. For the rest of the meeting, Council Member Garza will be shown as “Excused” on any votes.) Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Page 2City of Corpus Christi Printed on 10/16/2020 October 13, 2020City Council Meeting Minutes Enactment No: M2020-206 CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 1) The purpose of the desalination town hall meetings is to provide the community with more awareness and understanding of desalination. 2) School backpacks were provided by the Police Department and the Housing Authority. 3) A bull riding event fundraiser for military families will be held at the USS Lexington on December 5th. 4) The construction of Staples Street and Kostoryz Road was completed by August 2020. GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa. Director of Public Health District Annette Rodriguez presented an update on COVID-19: update of cases in Texas and Nueces County; Health Department daily COVID-19 cases; Nueces County COVID-19 cases by age; COVID-19 reported deaths by day; percent of COVID-19 cases and deaths according to zip codes; school district COVID-19 cases; operation WARP speed vaccine distribution plan; COVID-19 vaccine providers needed; notable updates; possible impact on COVID-19 cases; flu season begun October 2020; get your flu shot today; and re-think Halloween. MINUTES: (ITEM 2)H. 2.Regular Meeting of September 29, 2020 A motion was made by Council Member Guajardo, seconded by Council Member Molina that the Minutes be approved. The motion carried by a unanimous vote. BOARD & COMMITTEE APPOINTMENTS: (ITEMS 3 - 5)I. 3.Resolution waiving City Council Policies 10.2.1(C) and 10.2.1(K) to allow for the appointment of members of the Board of Directors of the Tax Increment Reinvestment Zone Number Five, City of Corpus Christi, Texas. Mayor McComb referred to Item 3. Director of Finance Heather Hurlbert presented information on the following topics: staff is requesting to waive City Council policy 10.2.1(K) which will allow for the appointment of the Board for the Tax Increment Reinvestment Zone Number Five (TIRZ #5) within 30 days of an election. In addition, staff is requesting that City Council policy 10.2.1(C) be waived to allow appointments to the board of applicants whose applications were not received 14 days prior to the appointment date. Council Members, City Manager Peter Zanoni and Director of Finance Heather Hurlbert discussed the following topics: this TIRZ is different from the other TIRZ's in that it was created solely to reimburse the developer with costs for Page 3City of Corpus Christi Printed on 10/16/2020 October 13, 2020City Council Meeting Minutes public infrastructure; the City is requesting to waive the rules in Council policies to allow the developer to start his project before the end of the year; the policies were put in place for specific reasons; if the board is not in place, then the project and financing plan, along with the developer agreement, could not be approved; the developer agreement is the City's commitment to the developer for reimbursable items; every slot on the board will be filled with the exception of the state representative and state senator; this is a developer initiated TIRZ; and the City's tax dollars get reinvested in public infrastructure. Council Member Barrera made a motion to approve the resolution, seconded by Council Member Guajardo. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 7 - Nay:Council Member Hernandez1 - Excused:Council Member Garza1 - Abstained:0 Enactment No: 032236 4.Appointment of Members to the Tax Increment Reinvestment Zone Number Five Board (5 vacancies) Mayor McComb referred to Item 4. Reinvestment Zone No. 5 Board Council Member Roy made a motion to appoint Council Member Roland Barrera (Agent), Nueces County Commissioner Joe A. Gonzalez (Agent), Planning Director Daniel McGinn (Agent), Finance Director Heather Hurlbert (Agent), and Roberto Santos Williams (Landowner), seconded by Council Member Barrera. The motion passed 7-1 (Garza excused; Hernandez voting no). Council Member Smith nominated Roland Barrera (Agent) as chairman to serve for the remainder of 2020 and for a one-year term beginning January 1, 2021, seconded by Council Member Molina. The motion carried 7-1 (Garza-excused; Hernandez voting no). 5.Resolution authorizing execution of two Interlocal Cooperation Agreements, one with Nueces County and one with Del Mar College, for participation in the Tax Increment Reinvestment Zone Number Five. (Requires 2/3 vote) Mayor McComb referred to Item 5. Director of Finance Heather Hurlbert presented information on the following topics: the participation of Nueces County and Del Mar College in the Tax Increment Reinvestment Zone 5. Page 4City of Corpus Christi Printed on 10/16/2020 October 13, 2020City Council Meeting Minutes There were no comments from the Council. Council Member Barrera made a motion to approve the resolution, seconded by Council Member Molina. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Excused:Council Member Garza1 - Abstained:0 Enactment No: 032237 EXPLANATION OF COUNCIL ACTION:J. CONSENT AGENDA: (ITEMS 6 - 14)K. Consent - Second Reading Ordinances Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the Council. A motion was made by Council Member Guajardo, seconded by Council Member Hernandez to approve the Consent Agenda. The motion carried by the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Excused:Council Member Garza1 - Abstained:0 6.Ordinance to adopt the City of Corpus Christi Water Conservation Plan revised 2020 edition and revising City Code of Ordinances Section 55-150 (a) regarding adoption of revised plan with the addition of an explanation of the Model Industrial Water Conservation Plan and other adjustments updating information. Mayor McComb referred to Item 6. A Council Member and Water Resource Manger Steve Ramos discussed the following topics: minor changes were made to the water conservation plan with legal clarification in section 288.7; with regard to questions about leaks, the department will continue to use the best equipment; and the importance of preventative maintenance. Page 5City of Corpus Christi Printed on 10/16/2020 October 13, 2020City Council Meeting Minutes This Ordinance was passed on second reading on the consent agenda. Enactment No: 032238 Consent - Contracts and Procurement 7.Motion authorizing the purchase of equipment and two-year service agreement with FarrWest Environmental Supply, Inc., Schertz, Texas, for a total amount not to exceed $126,371.00, for one Hazmat Detection Portable Device and Onsite Training services for the Corpus Christi Fire Department with FY 2021 funding available from the Fire Grants Fund. (Requires 2/3 vote) This Motion was passed on the consent agenda. Enactment No: M2020-207 8.Motion authorizing a three-year service agreement with Southern Tire Mart, LLC, of Columbia, Mississippi, in an amount not to exceed $299,693.10, for tire repair and replacement , and wheel alignment services for fire trucks, ambulances, and other emergency response vehicles for the Corpus Christi Fire Department, with FY 2021 funding available from the General Fund. (Requires 2/3 vote) This Motion was passed on the consent agenda. Enactment No: M2020-208 9.Motion authorizing a three-year service agreement with CaptionSource, LLC of Boerne, Texas, for a total amount not to exceed $64,350.00 to provide closed captioning services for City Council meetings and press conferences for citywide emergency situations for the Communication Department, with funding in an amount not to exceed $21,450.00 available in the FY 2021 General Fund. (Requires 2/3 vote) This Motion was passed on the consent agenda. Enactment No: M2020-209 10.Motion authorizing a three-year supply agreement with Custom-Crete, LLC, dba Mobile-Crete from Euless, Texas, in an amount not to exceed $780,600.00 for the purchase of concrete mix for curb and gutter repairs for the Public Works Department Curb & Gutter Replacement Program, with FY 2021 funding available from the Storm Water Fund. (Requires 2/3 vote) This Motion was passed on the consent agenda. Enactment No: M2020-210 11.Motion authorizing the lease-purchase of 11 replacement trucks Page 6City of Corpus Christi Printed on 10/16/2020 October 13, 2020City Council Meeting Minutes consisting of nine F-550 extended cab with welding body, one F-550 crew cab with canopy service body and one F-450 crew cab with bi-fuel CNG and a canopy body for the Gas Department from Silsbee Ford, Inc., in an amount of $756,314.00, for Gas Operations, with FY 2021 funding available in an amount of $75,631.40 in the Gas Fund. (Requires 2/3 vote) This Motion was passed on the consent agenda. Enactment No: M2020-211 Consent - Capital Projects 12.Motion awarding a construction contract to Grace Paving & Construction, Inc., of Corpus Christi, Texas for the reconstruction of Strasbourg Drive from Riom Street to Grenoble Drive, located in Council District 5, with new asphalt pavement and minor utility improvements for an amount of $771,644.25 with funding available from Street Bond 2018 Program and FY 2021 Storm Water, Water, and Wastewater Funds. (Requires 2/3 vote) This Motion was passed on the consent agenda. Enactment No: M2020-212 13.Motion authorizing a professional service agreement with Bath Engineering Corporation of Corpus Christi, Texas for site analysis and investigation and to provide design, bid and construction administration phase services for lighting improvements in the Downtown area in an amount of $58,393.00, located in City Council District 1, with funding available from the Bond 2018 Street Fund. (Requires 2/3 vote) This Motion was passed on the consent agenda. Enactment No: M2020-213 General Consent Items 14.Resolution authorizing a radio tower license agreement with American Towers, LLC, for public safety communications with a 14-year term and three five-year optional renewals at an annual cost of $76,080.00 plus a share of pro rata site expenses, a payment escalator of 3% annually, and a one-time co-location fee of $3,000.00. (Requires 2/3 vote) This Resolution was passed on the consent agenda. Enactment No: 032239 RECESS FOR LUNCHL. The recess for lunch was held during Executive Session. Page 7City of Corpus Christi Printed on 10/16/2020 October 13, 2020City Council Meeting Minutes PUBLIC HEARINGS: (ITEMS 15 - 16)M. 15.Zoning Case No. 0820-02, JAR Development (District 5). Ordinance rezoning property at or near 7872 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District. (Planning Commission and Staff recommend Approval) (Requires 2/3 vote) Mayor McComb referred to Item 15. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern; and staff and planning's recommendation. Council Members, Director Raymond, and Senior City Planner of Development Services Andrew Dimas discussed the following topics: the ingress and egress of this property are off of Yorktown Blvd.; the property to the west is currently going through the platting process and the property to the east has not been submitted yet; Council Members' concern of having only one-way in and one-way out of the property; approximately 200 lots can be developed; Council Members want surety that what happened off of Slough Road does not happen here; and Rancho Vista has three different access roads onto Yorktown Blvd. Mayor McComb opened the public hearing. There were no written comments from the public. Mayor McComb closed the public hearing. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Excused:Council Member Garza1 - Abstained:0 16.Ordinance authorizing Wastewater Collection Line Construction Reimbursement Agreement with Grangefield Development, LLC for a planned residential subdivision named Grange Park Unit 3 with completion within 18 months; transferring $140,000 from the Water Arterial Transmission and Grid Main Trust Fund to the Sanitary Sewer Collection Line Trust Fund; and appropriating $160,164.94 from the Sanitary Sewer Collection Line Trust Fund, to reimburse the developer per the agreement. (District 5) (Requires 2/3 vote) Mayor McComb referred to Item 16. Director of Development Services Al Raymond presented information on the following topics: reimbursement agreement; location map; project map; trust Page 8City of Corpus Christi Printed on 10/16/2020 October 13, 2020City Council Meeting Minutes fund balance; and staff's recommendation. Council Members, Director Raymond and City Manager Peter Zanoni discussed the following topics: this property plat is adjacent to the west of the previous property that was approved; the developer needs to submit how they want to service their property in order to know whether or not the City will get any credit or reimbursement; the current wastewater acreage fee is uncertain; a Council Member's request for the fees to be improved; there is currently not a plat for this property; a Council Member's request for a plat to be provided going forward; the funds are interchangeable among the four trust funds; and there is $1.9 million available in the 2020 bond program for the Yorktown design. Mayor McComb opened the public hearing. There were no written comments from the public. Mayor McComb closed the public hearing. Council Member Hernandez made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Excused:Council Member Garza1 - Abstained:0 REGULAR AGENDA: (NONE)N. FIRST READING ORDINANCES: (ITEMS 17 - 20)O. 17.Ordinance authorizing acceptance of a grant from the State of Texas, Department of Transportation for the FY 2021 Click It or Ticket Program for the Police Department in an amount of $15,000.00 with a City cash match of $4,266.85 for overtime and fringe benefits with funding available from the General Fund; and appropriating $15,000.00 in the Police Grants Fund. (Requires 2/3 vote) Mayor McComb referred to Item 17. Police Chief Mike Markle presented information on the following topic: this grant is in the amount of $15,000 with a $4,200 match for overtime and fringe benefits. There were no comments from the Council. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Page 9City of Corpus Christi Printed on 10/16/2020 October 13, 2020City Council Meeting Minutes Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Excused:Council Member Garza1 - Abstained:0 18.Ordinance authorizing a three-year service agreement for wrecker services for City-owned heavy vehicles and equipment with, DRR & RS Inc., dba Apollo Towing Service, which is determined to be the lowest responsible bidder, for an amount not to exceed $165,000.00, to be used for towing services, effective upon issuance of notice to proceed, with funding available in the FY 2021 Fleet Maintenance Fund. (Requires 2/3 vote) Mayor McComb referred to Item 18. A Council Member, Director of Asset Management Jim Davis and City Manager Peter Zanoni discussed the following topics: this contract is for City-owned vehicles above 19,000 pounds. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Excused:Council Member Garza1 - Abstained:0 19.Ordinance amending the Wastewater Collection System Master Plan for the Greenwood Wastewater Treatment Plant, Service Area 5, to phase construction of an 8" force main from a proposed West Point Lift Station; and amending the Comprehensive Plan. Mayor McComb referred to Item 19. Assistant Director of Public Works Gabriel Hinojosa presented information on the following topics: aerial overview; master plan overview; master plan detail; master plan amendment; and staff's recommendation. Council Members, Assistant Director Hinojosa and City Manager Peter Zanoni discussed the following topics: currently this Lift Station is solely servicing the Stripes store at Old Brownsville Road; a Council Member's concern regarding the timing of the Lift Station; the Lift Station will be eligible for reimbursement; and the Greenwood Wastewater Treatment Plant will be the treatment plant for TIRZ #5. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and Page 10City of Corpus Christi Printed on 10/16/2020 October 13, 2020City Council Meeting Minutes approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Excused:Council Member Garza1 - Abstained:0 20.Ordinance authorizing the issuance of Utility System Junior Lien Revenue Improvement Bonds, New Series 2020C in an amount not to exceed $11,425,000; providing for payment and security, by a junior and inferior lien on and pledge of the net revenues of the City’s utility system; stipulating terms and conditions for additional revenue bonds; and complying with Texas Water Development Board regulations; for a potential future seawater desalination plant . (Requires 2/3 vote) Mayor McComb referred to Item 20. Director of Finance Heather Hurlbert presented information on the following topics: timeline of TWDB loan-SWIFT 2; how the TWDB loan works; and project due diligence. Council Members, Director Hurlbert, City Manager Peter Zanoni, City Attorney Miles Risley, Director of Water Utilities Kevin Norton and Water Resource Manager Steve Ramos discussed the following topics: if the City didn't have to borrow money from the state, the City would still have to carry some kind of liability depending on how the agreement is arranged; if Council does not approve the $11.4 million in bonds today, then the City will incur a $500,000 penalty, along with the cost that the Texas Water Development Board has already incurred; a Council Member's concern that the City is not clear on what the Port is doing and vice versa; the $11.4 million is for the City to pursue permits; the City and Port meet bi-weekly to discuss the desalination plant; approving this bond today does not obligate the City to move forward with the desalination plant; using groundwater does not make sense financially; a Council Member's request to meet with Director Norton to discuss the groundwater information; a Council Member's concern of the City spending $14 million without a decision of moving forward on the desalination plant; if the state and other entities don't give the City the permit, then the City cannot move forward with the desalination plant; the City is not legally obligated by receiving a Request for Proposal (RFP), but issuing an RFP is making a good faith statement that they wish to enter into a contract; there has not been a unanimous decision to go forward with the desalination plant; there is no penalty on the $200 million if the City does not go forward with the desalination plant; there will be about 30 Million Gallons per Day (MGD) of potable water at the Inner Harbor and about 40 MGD at La Quinta; the entire region consumes about 103 to 104 MGD; the $11.4 million is for the due diligence; and the permits are site specific. Mayor McComb referred to public comment. Errol Summerlin, Portland, TX called in and spoke in opposition to Item 20. Page 11City of Corpus Christi Printed on 10/16/2020 October 13, 2020City Council Meeting Minutes Council Members and Director Norton discussed the following topics: this water is potable and available for everyone in the City, it is not industrial water; not one company said they would provide free water; according to the Texas Commission on Environmental Quality (TCEQ), the City of Corpus Christi has had a superior public water system for over three years; and only about 10% of the public water systems in the State of Texas achieve a superior water rating. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 6 - Nay:Council Member Guajardo1 - Excused:Council Member Garza1 - Abstained:Council Member Hernandez1 - BRIEFINGS: (NONE)P. EXECUTIVE SESSION: (ITEM 21)Q. Mayor McComb referred to Executive Session Item 21. The Council went into Executive Session at 2:03 p.m. The Council returned from Executive Session at 3:06 p.m. 21.Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to a potential lease, license, interlocal agreement, and other legal documents related to the potential placement of the police academy at or near Rodd Field Road and Yorktown Blvd, and pursuant to Texas Government Code § 551.072 to discuss and deliberate the potential lease and/or value of real property to be leased, licensed, or otherwise acquired at or near the aforementioned locations. This E-Session Item was discussed in executive session. IDENTIFY COUNCIL FUTURE AGENDA ITEMSR. Mayor McComb referred to Identify Future Agenda Items. No items were discussed or identified. ADJOURNMENTS. This meeting was adjourned at 3:06 p.m. Page 12City of Corpus Christi Printed on 10/16/2020 DATE: August 26, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0820-02, JAR Development (District 5). Ordinance rezoning property at or near 7872 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District. SUMMARY: The purpose of the zoning request is to allow for the construction of a single-family residential subdivision. BACKGROUND AND FINDINGS: The subject property is 24.49 acres in size. The subject property is currently zoned “RS-6” Single- Family 6 District and consists of vacant property. The property was annexed in 1995. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). The subject property is located within 0.38 miles of the intersection of the commercial node of Rodd Field Road and Yorktown Boulevard. This commercial node also connects to the new Del Mar College southside campus. Additionally, the subject property is approximately 2-miles to the east of Bill Witt Park. Public Input Process Number of Notices Mailed 35 within 200-foot notification area 4 outside notification area Rezoning a property at or near 7872 Yorktown Boulevard AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 10/13/20 Second Reading Ordinance for the City Council Meeting 10/20/20 As of August 14, 2020: In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 on August 19, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “FR” Farm Rural District to the “RS-4.5” Single- Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0820-02, JAR Development (District 5). Ordinance rezoning property at or near 7872 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 24.493 acre tract being described in a deed recorded in Doc No. 2008038737, Deed Records of Nueces County, Texas, said 24.493 acres also being out of Lots 7 & 10, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, Volume A, Pages 41-43, Map Records of Nueces County, Texas, as shown in Exhibit “A”: from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5District. The subject property is located at or near 7872 Yorktown Boulevard. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. Page 2 of 5 SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Greg Smith ______________ Paulette M. Guajardo ________________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 5 Exhibit A Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0820-02 INFOR No. 20ZN1019 Planning Commission Hearing Date: August 19, 2020 Applicant & Legal Description Owner: JAR Development Applicant: Munoz Engineering, LLC. Location Address: 7872 Yorktown Boulevard Legal Description: Being a 24.493 acre tract being described in a deed recorded in Doc No. 2008038737, Deed Records of Nueces County, Texas. Said 24.493 acres also being out of Lots 7 & 10, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, Volume A, Pages 41-43, Map Records of Nueces County, Texas, located along the north side of Yorktown Boulevard, east of Rodd Field Road, and west of Starry Road. Zoning Request From: “FR” Farm Rural District To: “RS-4.5” Single-Family 4.5 District Area : 24.49 acres Purpose of Request: To allow for the construction of a single-family residential subdivision. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “FR” Farm Rural Vacant Medium Density Residential North “RS-4.5” Single-Family 4.5 Vacant Medium Density Residential South “RS-4.5” Single-Family 4.5 Low Density Residential Medium Density Residential East “RS-4.5” Single-Family 4.5 Vacant Medium Density Residential West “RS-4.5” Single-Family 4.5 and “CN-1” Neighborhood Commercial Vacant and Low Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 041030 City Council District: 5 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 570 feet of street frontage along Yorktown Boulevard which is designated as a “A3” Primary Arterial Street. According to the Urban Transportation Plan, “A3” Primary Arterial Streets can convey a capacity between 30,000 and 48,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Yorktown Boulevard “A3” Primary Arterial 130’ ROW 79’ paved 166’ ROW 90’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District to allow for the construction of a construction of a single- family residential subdivision. Development Plan: The subject property is 24.49 acres in size. The applicant has not submitted any specific plans concerning the future single-family residential development. Existing Land Uses & Zoning: The subject property is currently zoned “FR” Farm Rural District, consists of vacant property, and has remained since annexation in 1995. To the north and south are single-family homes zoned “RS-4.5” Single-Family 4.5 District. Additionally, to the north is Master Channel 31 (Drainage Ditch). To the east vacant properties zoned “RS-4.5” Single-Family 4.5 District. To the west are recently rezoned properties now zoned “RS-4.5” Single-Family 4.5 District and “CN-1” Neighborhood Commercial District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch C900 line located along Yorktown Boulevard. Wastewater: 12-inch PVC FM line located along Yorktown Boulevard. Gas: 8-inch Service Line located along Yorktown Boulevard. Storm Water: Roadside ditches located along Yorktown Boulevard. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: Staff Report Page 3 • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. • The subject property is located within 0.38 miles of the intersection of the commercial node of Rodd Field Road and Yorktown Boulevard. This commercial node also connects to the new Del Mar College southside campus. Additionally, the subject property is approximately 2-miles to the east of Bill Witt Park. Planning Commission and Staff Recommendation (August 19, 2020): Approval of the change of zoning from the “FR” Farm Rural District to the “RS-4.5” Single- Family 4.5 District. Public Notification Number of Notices Mailed – 35 within 200-foot notification area 4 outside notification area As of August 14, 2020: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0820-02 JAR Development/Council Documents/Report - JAR Development.docx Staff Report Page 4 JAR Development Rezoning for a Property at 7872 Yorktown Boulevard From “FR” To “RS-4.5” Zoning Case #0820-02 N City Council October 13, 2020 2 Aerial Overview 3 Zoning Pattern 4 Approval of the “RS-4.5” Single-Family 4.5 District Planning Commission and Staff Recommendation 5 Public Notification 35 Notices mailed inside 200’ buffer 4 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 6 UDC Requirements Buffer Yards: RS-4.5 to CN-1: Type B: 10’ & 10-pts Setbacks: Street: 20 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes 7 Utilities Water: 12-inch C900 Wastewater: 12-inch PVC FM Gas: 8-inch Service Line Storm Water: Roadside ditches DATE: September 11, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services AlRaymond@cctexas.com (361) 826 - 3575 CAPTION: Ordinance authorizing Wastewater Collection Line Construction Reimbursement Agreement with Grangefield Development, LLC for a planned residential subdivision named Grange Park Unit 3 with c ompletion within 18 months; transferring $140,000 from the Water Arterial Transmission and Grid Main Trust Fund to the Sanitary Sewer Collection Line Trust Fund; and appropriating $160,164.94 from the Sanitary Sewer Collection Line Trust Fund, to reimburse the developer per the agreement. (District 5) SUMMARY: Grangefield Development, LLC is required to install a wastewater collection line to provide sanitary sewer service for a planned residential subdivision named Grange Park Unit 3. A wastewater masterplan amendment establishing the wastewater service area surrounding the planned subdivision was approved by City Council on May 12, 2006. BACKGROUND AND FINDINGS: Grangefield Development, LLC has proposed to develop a planned residential subdivision that will be constructed within City limits and is located on Yorktown Boulevard between Fred’s Folly Drive and Ranch View Drive. The planned subdivision contains 68 single family home sites, is zoned RS-4.5 and CN-1, and is within the Corpus Christi Independent School District. The Developer plans to install a total of 1040 linear feet of wastewater collection line that is part of the Wastewater Master Plan for Oso Sub Basin SPA 30 and is required to provide wastewater service to the proposed subdivision property. When the collection line is completed wastewater service will be available to this subdivision and the surrounding undeveloped properties adjacent to the planned subdivision. Additionally, the extension of this wastewater collection line is consistent with the adopted wastewater master plan in this area. Agreement and appropriating funds for Grangefield Development, LLC for a Wastewater Collection Line Reimbursement Agreement AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for October 13, 2020 Second Reading Ordinance for October 20, 2020 City Council gave direction to staff at the August 13, 2019 meeting to reexamine the trust funds and to provide recommendations on policies that govern the priority, order, reimbursement rate and fees charged by the trust funds. City Council directed staff return within 75 days and present their recommendations. Staff conducted detailed research into the trust funds and briefed Council on their background, history and their current operational status as well as briefed Council on the update to the 2019 Alternative Utility Financing Study which ultimately recommended transitioning from trust funds to impact fees. Staff worked with Contracts and Procurement to issue an RFQ to provide Master Plans for the City’s water, wastewater, stormwater and roadway infrastructure and to provide an Impact Fee Study. Once evaluations and interviews are completed, the RFQ should be placed on the City Council Agenda for consideration in late September or early October 2020. ALTERNATIVES: An alternative to the applicant’s request could be to identify the master planned line extensions as vital infrastructure to be installed as part of a capital improvement project or other means of funding, like the establishment of a public improvement taxing district (PID) or impact fees to fund the installation of master planned utilities infrastructure in this area. This alternative may delay this project in the short term but could establish a viable long-term funding option for the installation of new wastewater utilities infrastructure within the City Limits. FISCAL IMPACT: The total requested reimbursement amount for the reimbursement agreement is $160,164.94 from the Sanitary Sewer Collection Line Trust Fund. The expenditures for this project are a one- time cost and are not associated with any other projects. The Utility Trust Funds receive monthly deposits generated from Lot and Acreage Fees, Pro-rata Fees and Surcharge Fees that are charged during the platting process. Over time the fees collected and deposited will replenish the Trust Funds and enable other developer-initiated water and wastewater infrastructure projects to be reimbursed. Sections 8.5.1.C.4 and 8.5.2.I of the UDC authorizes the redistribution of monies between the four trust funds, after a public hearing, in order to reimburse the developer for projects that exceed the current balance in any single trust fund. FUNDING DETAIL: Fund: 4220 Sanitary Sewer Collection Line Trust Fund Organization/Activity: 21801 Sanitary Sewer Collection Line Trust Mission Element: 777 Project# (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Arterial Transmission and Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project# (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: The request is in accordance with 8.5.2. Wastewater Trust Fund and the Wastewater Masterplan. The installation of the public utilities will extend wastewater service to the subdivision property and will make wastewater service available to the surrounding properties. The proposed public utilities will help foster the development of this area of the City. Staff recommends approval of the applicant’s request. LIST OF SUPPORTING DOCUMENTS: Ordinance (with agreement) Presentation Location Map Ordinance authorizing Wastewater Collection Line Construction Reimbursement Agreement with Grangefield Development, LLC for a planned residential subdivision named Grange Park Unit 3 with c ompletion Swithin 18 months; transferring $140,000 from the Water Arterial Transmission and Grid Main Trust Fund to the 9TSanitary Sewer Collection Line Trust Fund;9T and appropriating $160,164.94 from the Sanitary Sewer Collection Line Trust Fund, to reimburse the developer per the agreement. WHEREAS, under the UDC, the Developer is eligible for reimbursement of the Developer's costs for the construction of the sanitary sewer collection line; WHEREAS, the Developer has submitted an application for reimbursement of the costs for installing the collection line; and WHEREAS, it is to the best interest of the City that the wastewater collection line be constructed to its ultimate capacity under the City’s applicable Master Plan; 9TWHEREAS, after a public hearing pursuant to UDC §8.5.2.I & §8.5.1.C.4, City Council finds the transfer of $140,000 from the 4030-21805 Water Arterial Transmission and Grid Main Trust Fund to the No.4220-21801 Sanitary Sewer Collection Line Trust Fund is necessary to better carry out the purposes of this Unified Development Code. 9TBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 9TSECTION 1. 9TThe City Manager or designee is authorized to execute a Wastewater Collection Line Construction and Reimbursement Agreement attached hereto, with Grangefield Development, LLC for the construction and installation of a master planned collection line associated with the development of the platted property known as Grange Park Unit 3, Corpus Christi, Texas. 9TSECTION 2. Funding in the amount of $140,000 is transferred from the No. 4030-21805 Water Arterial Transmission and Grid Main Trust to the9T 9TNo.4220-21801 Sanitary Sewer Collection Line Trust Fund. 9TSECTION 3. 9T Funding in the amount of $160,164.94 is appropriated from the No. 4220-21801 Sanitary Sewer Collection Line Trust Fund, to reimburse the Developer for the construction of a master planned wastewater collection line, and construction improvements in accordance with the Agreement. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Brister Surveying PAGE 1 OF 2 4455 South Padre Island Drive Suite 51 Corpus Christi, Texas 78411 Office 361-850-1800 Fax 361-850-1802 bristersurveying@corpus.twcbc.com Firm Registration No. 10072800 A 20.000 ACRE TRACT OUT OF LOT 6 AND LOT 11, SECTION 25, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AS SHOWN ON A MAP RECORDED IN VOLUME "A", PAGES 41 - 43, MAP RECORDS NUECES COUNTY, TEXAS. SAID 20.00 ACRE TRACT ALSO BEING SHOWN IN A DEED RECORDED IN DOCUMENT NO. 2017042252, DEED RECORDS NUECES COUNTY, TEXAS. Curve Table Curve # C1 C2 C3 C4 C5 C6 Length 31.45 31.38 31.45 31.38 31.45 31.38 Radius 20.000 20.000 20.000 20.000 20.000 Delta Chord 1 ( 6 ( 1 ( 6 ( 6 : 1 : C7 C8 31.45 31.38 20.000 20.000 1 ( 6 ( 20.000 FINAL PLAT OF GRANGE PARK UNIT 3Y O R K T O W N B L V DCIMARRON BLVDRODD FIELD RDSL O U G H R D STARRY RDSITE MAP NOT TO SCALE SI T E FRED'SFOLLY DRCATTLEMEN DRNOTES: 1.) THE SUBJECT SITE IS AND IS NOT LOCATED ON A 100-YEAR FLOOD PLAIN, IN A FLOOD WAY, IN AN IDENTIFIED "FLOOD PRONE AREA", AS DEFINED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, PURSUANT TO THE FLOOD DISASTER PROTECTION ACT OF 1973, AS AMENDED, OR AN AREA IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AS AN AREA HAVING SPECIAL FLOOD HAZARDS. THIS PROPERTY IS LOCATED IN FLOOD ZONE "B" AND FLOOD ZONE "A13" WITH A BASE FLOOD ELEVATION OF 10.0', AS INDICATED ON PANEL NUMBER 485494 0540 C, DATED MARCH 18, 1985, CITY OF CORPUS CHRISTI, TEXAS. 2.) BEARINGS ARE BASED ON GLOBAL POSITIONING SYSTEM, TEXAS STATE PLAIN NAD 83 (93), TEXAS SOUTH ZONE 4205. 3.) THE YARD REQUIREMENT, AS DEPICTED, IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE (UDC) AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. 4.) SET 5/8" RE-BAR WITH CAPS STAMPED "BRISTER SURVEYING" UNLESS NOTED OTHERWISE. 5.) THE TOTAL PLATTED AREA IS 20.000 ACRES INCLUDING STREET DEDICATION. 6.) NO ACCESS ALLOWED TO BLOCK 4 LOT 41, BLOCK 4 LOT 42, BLOCK 3 LOT 29 AND BLOCK 3 LOT 30 TO JACK SHUFF DRIVE. 7.) NO ACCESS ALLOWED TO BLOCK 4 LOT 36, BLOCK 4 LOT 47, BLOCK 3 LOT 24 AND BLOCK 3 LOT 35 TO NADIA DRIVE. 8.) ALL DRIVEWAYS TO PUBLIC STREETS WITHIN THE SUBDIVISION SHALL CONFORM TO ACCESS MANAGEMENT STANDARDS OUTLINED IN ARTICLE 7 OF THE UDC. 9.) PUBLIC OPEN SPACE: IF LOTS 70-72 ARE DEVELOPED WITH RESIDENTIAL USES, COMPLIANCE WITH THE OPEN SPACE REGULATION WILL BE REQUIRED DURING THE BUILDING PERMIT PHASE. 10.) THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO BAY. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY AS "EXCEPTIONAL" AND "OYSTER WATERS". TCEQ ALSO CATEGORIZED THE RECEIVING WATER AS "CONTACT RECREATION" USE. 11.) CROSS ACCESS SHALL NOT BE OBSTRUCTED BETWEEN LOTS 70 AND 71, BLOCK 5. C9 C10 C11 C12 31.45 31.38 31.45 8.73 20.000 20.000 10.000 6 : 1 : 1 ( 1 ( 20.000 C13 C14 C15 C16 C17 C18 21.59 54.00 40.74 48.28 34.45 8.73 60.000 60.000 60.000 60.000 10.000 1 : 1 ( 1 ( 6 ( 6 ( 6 ( C19 C20 31.45 29.63 20.000 70.000 1 ( 1 ( 60.000 C21 C23 C24 80.45 31.45 31.38 70.000 20.000 1 ( 1 ( 1 : 20.000 DATE OF MAP: 4 JUNE 2020 STATE OF TEXAS COUNTY OF NUECES I, KARA SANDS, CLERK OF THE COUNTY COURT IN AND FOR SAID NUECES COUNTY, TEXAS, HEREBY CERTIFY THAT THE FOREGOING MAP OF THE PLAT OF GRANGE PARK UNIT 3, DATED THE ______ DAY OF ________________, 20____, WITH ITS CERTIFICATE OF AUTHENTICATION WAS FILED FOR RECORD IN MY OFFICE THIS THE ______ DAY OF ________________, 20____, AT ______ O'CLOCK __.M. AND DULY RECORDED IN VOLUME ______, PAGE ______________, MAP RECORDS OF NUECES COUNTY, TEXAS. WITNESS MY HAND AND SEAL OF SAID COURT AT OFFICE IN CORPUS CHRISTI, TEXAS, THIS THE ______ DAY OF ________________, 20____. NO. _________________ KARA SANDS FILED FOR RECORD COUNTY CLERK AT ______ O'CLOCK __.M.NUECES COUNTY, TEXAS _______________, 20____. BY: DEPUTY STATE OF TEXAS COUNTY OF NUECES WE, GRANGEFIELD DEVELOPMENT, LLC., DO HEREBY CERTIFY THAT I AM THE OWNER OF THE LANDS EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP; EASEMENTS SHOWN HEREON ARE HEREBY DEDICATED TO THE PUBLIC FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF PUBLIC UTILITIES. THIS THE ______ DAY OF ________________, 20____. BY: JACQUELINE MARIE AZALLI, MANAGER BY: ALYEH AZALI HATAMI-FARDY, MANAGER STATE OF TEXAS COUNTY OF NUECES THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY ________________________ PROVEN TO ME TO BE THE PERSON WHOSE SIGNATURE IS MADE ON THE FOREGOING INSTRUMENT OF WRITING, AND HE ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE ______ DAY OF ________________, 20____. NOTARY PUBLIC MY COMMISSION EXPIRES: STATE OF TEXAS COUNTY OF NUECES THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY ________________________ PROVEN TO ME TO BE THE PERSON WHOSE SIGNATURE IS MADE ON THE FOREGOING INSTRUMENT OF WRITING, AND HE ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE ______ DAY OF ________________, 20____. NOTARY PUBLIC MY COMMISSION EXPIRES: STATE OF TEXAS COUNTY OF NUECES I, RONALD E. BRISTER, A REGISTERED PROFESSIONAL LAND SURVEYOR OF BRISTER SURVEYING, HEREBY CERTIFY THAT THIS SURVEY MAP WAS PREPARED FROM AN ACTUAL ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION, AND REPRESENTS THE FACTS FOUND AT THE TIME OF SURVEY, AND THAT THIS SURVEY COMPLIES WITH THE CURRENT STANDARDS ADOPTED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING. DATE: RONALD E BRISTER, RPLS REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 5407 STATE OF TEXAS COUNTY OF NUECES I, NICK BLACK, VP/BRANCH MANAGER FOR THE FIRST COMMUNITY BANK, DO HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND SHOWN ON THE FOREGOING MAP OF WHICH GRANGEFIELD DEVELOPMENT, LLC., IS THE OWNER, AND WE APPROVE OF THE SUBDIVISION AND DEDICATION FOR THE PURPOSE AND CONSIDERATIONS THEREIN EXPRESSED. THIS THE ______ DAY OF ________________, 20____. BY: STATE OF TEXAS COUNTY OF _________________ THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY ________________________ PROVEN TO ME TO BE THE PERSON WHOSE SIGNATURE IS MADE ON THE FOREGOING INSTRUMENT OF WRITING, AND HE ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE ______ DAY OF ________________, 20____. NOTARY PUBLIC MY COMMISSION EXPIRES: STATE OF TEXAS COUNTY OF NUECES THIS PLAT OF GRANGE PARK UNIT 3, APPROVED BY THE CITY OF CORPUS CHRISTI, TEXAS, THIS THE ______ DAY OF ________________, 20____. AL RAYMOND III, AIA SECRETARY CARL CRULL, P.E. CHAIRMAN STATE OF TEXAS COUNTY OF NUECES THIS GRANGE PARK UNIT 3, APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS, THIS THE ______ DAY OF ________________, 20____. JALAL SALEH, P.E. DEVELOPMENT SERVICES ENGINEER STST8'' W10'' SS8'' W 8'' W 8'' W 8'' WST Brister Surveying 4455 South Padre Island Drive Suite 51 Corpus Christi, Texas 78411 Office 361-850-1800 Fax 361-850-1802 bristersurveying@corpus.twcbc.com Firm Registration No. 10072800 -80 GRAPHIC SCALE 1 inch = 80 ft. ( IN FEET ) 0 40 80 160 1 ( 0($6 52.0'125.7'"""52.0' 57.0'125.7'55.0'142.0' "54.6'64.4'LOT 20.150 ACRES 6,536 S.F.LOT 30.150 ACRES 6,536 S.F.LOT 40.150 ACRES 6,536 S.F.LOT 50.150 ACRES 6,536 S.F.LOT 60.150 ACRES 6,536 S.F.LOT 70.150 ACRES 6,536 S.F.LOT 80.150 ACRES 6,536 S.F.LOT 90.150 ACRES 6,536 S.F.LOT 100.150 ACRES 6,536 S.F.LOT 110.150 ACRES 6,536 S.F.LOT 120.163 ACRES 7,079 S.F.LOT 10.184 ACRES 8,004 S.F.LOT 13 0.179 ACRES 7,810 S.F. LOT 14 0.178 ACRES 7,746 S.F. 18.30 ACRES DOC. NO. 1999015842 D.R.N.C.T. (OWNER: CAROL SYLVIA SMITH)LOT 22LOT 261 1 11 1012LOT 1PUBLICPARKPUBLICPARK6 (1 :1 ( C 2 3 """"""""""""""50.00' 50.00' Y O R K T O W N B L V DCIMARRON BLVDRODD FIELD RDSL O U G H R D STARRY RDSITE MAP NOT TO SCALE SI T E FRED'SFOLLY DRCATTLEMEN DRLOS ARROYOS DRIVE 50' RIGHT OF WAY 105.7'105.7'55.0'54.6'5' E.E.5' U.E.5' E.E.5' U.E.135.4'30.99 ACRESDOC. NO. 2004034665D.R.N.C.T.(OWNER: GULFWAYSHOPPING CENTER)25.00'25.00'50.00'25.00' 25.00' PARI DRIVE 50' RIGHT OF WAY 40.0'20' Y.R.20' Y.R.A 20.000 ACRE TRACT OUT OF LOT 6 AND LOT 11, SECTION 25, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AS SHOWN ON A MAP RECORDED IN VOLUME "A", PAGES 41 - 43, MAP RECORDS NUECES COUNTY, TEXAS. SAID 20.00 ACRE TRACT ALSO BEING SHOWN IN A DEED RECORDED IN DOCUMENT NO. 2017042252, DEED RECORDS NUECES COUNTY, TEXAS. PRELIMINARY UTILITY LAYOUT FOR GRANGE PARK UNIT 3 65.0' 65.0' STREET DEDICATION 42,900 S.F. 0.985 ACRES LOT 72 NON-BUILDABLE 0.131 ACRES 5,724 S.F. 286.2' C25 C26 31.42 31.38 20.000 1 ( 1 : 20.000 C24 196.2'5' E.E. 5'U.E.10' Y.R.10' Y.R. Exhibit -1 Brister Surveying PAGE 2 OF 2 4455 South Padre Island Drive Suite 51 Corpus Christi, Texas 78411 Office 361-850-1800 Fax 361-850-1802 bristersurveying@corpus.twcbc.com Firm Registration No. 10072800 A 20.000 ACRE TRACT OUT OF LOT 6 AND LOT 11, SECTION 25, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AS SHOWN ON A MAP RECORDED IN VOLUME "A", PAGES 41 - 43, MAP RECORDS NUECES COUNTY, TEXAS. SAID 20.00 ACRE TRACT ALSO BEING SHOWN IN A DEED RECORDED IN DOCUMENT NO. 2017042252, DEED RECORDS NUECES COUNTY, TEXAS. = SET 5/8" RE-BAR APPROXIMATE FLOODZONE LOCATIONZONE "B" ZONE "A13" -80 GRAPHIC SCALE 1 inch = 80 ft. ( IN FEET ) 0 40 80 160 1 ( 6 : 1 : 69.72'C1 52.0'125.7'""" " " 52.0'57.0'125.7'55.0'142.0' "54.6'"74.6'"54.6'"""54.6'74.6'" "74.0'142.0'64.3'110.0'52.0'"""""""52.0'110.0'55.4'87.7'97.9'105.8'64.9'86.1'96.6'88.4'92.7'54.6'110.0'52.0' """ " ""52.0'110.0'56.9' 110.0' " " " 110.0'58.2'64.4' 110.0' "52.0'""""52.0'110.0'58.2'58.2'110.0' " " " 110.0'58.2'52.0'110.0'""""52.0'" 110.0' 277.6'LOT 20.150 ACRES 6,536 S.F.LOT 30.150 ACRES 6,536 S.F.LOT 40.150 ACRES 6,536 S.F.LOT 50.150 ACRES 6,536 S.F.LOT 60.150 ACRES 6,536 S.F.LOT 70.150 ACRES 6,536 S.F.LOT 80.150 ACRES 6,536 S.F.LOT 90.150 ACRES 6,536 S.F.LOT 100.150 ACRES 6,536 S.F.LOT 110.150 ACRES 6,536 S.F.LOT 120.163 ACRES 7,079 S.F.LOT 10.184 ACRES 8,004 S.F.LOT 13 0.179 ACRES 7,810 S.F. LOT 14 0.178 ACRES 7,746 S.F. LOT 15 0.243 ACRES 10,586 S.F. LOT 16 0.178 ACRES 7,746 S.F. LOT 17 0.178 ACRES 7,746 S.F. LOT 18 0.178 ACRES 7,746 S.F. LOT 19 0.178 ACRES 7,746 S.F. LOT 20 0.178 ACRES 7,746 S.F. LOT 21 0.243 ACRES 10,586 S.F. LOT 22 0.178 ACRES 7,746 S.F. LOT 23 0.241 ACRES 10,515 S.F.LOT 570.141 ACRES 6,159 S.F.LOT 560.133 ACRES 5,808 S.F.LOT 550.131 ACRES 5,720 S.F.LOT 540.131 ACRES 5,720 S.F.LOT 530.131 ACRES 5,720 S.F.LOT 520.131 ACRES 5,720 S.F.LOT 510.131 ACRES 5,720 S.F.LOT 490.131 ACRES 5,720 S.F.LOT 480.142 ACRES 6,173 S.F.LOT 65 0.146 ACRES 6,368 S.F. LOT 64 0.131 ACRES 5,720 S.F. LOT 63 0.131 ACRES 5,720 S.F. LOT 62 0.131 ACRES 5,720 S.F. LOT 61 0.131 ACRES 5,720 S.F. LOT 60 0.130 ACRES 5,665 S.F. LOT 59 0.147 ACRES 6,425 S.F.LOT 580.223 ACRES 9,724 S.F.LOT 29 0.145 ACRES 6,310 S.F. LOT 28 0.131 ACRES 5,720 S.F. LOT 27 0.131 ACRES 5,720 S.F. LOT 26 0.131 ACRES 5,720 S.F. LOT 25 0.131 ACRES 5,720 S.F. LOT 24 0.145 ACRES 6,311 S.F. LOT 31 0.131 ACRES 5,720 S.F. LOT 30 0.145 ACRES 6,311 S.F. LOT 32 0.131 ACRES 5,720 S.F. LOT 33 0.131 ACRES 5,720 S.F. LOT 34 0.131 ACRES 5,720 S.F. LOT 35 0.145 ACRES 6,310 S.F. LOT 41 0.145 ACRES 6,310 S.F. LOT 40 0.131 ACRES 5,720 S.F. LOT 39 0.131 ACRES 5,720 S.F. LOT 38 0.131 ACRES 5,720 S.F. LOT 37 0.131 ACRES 5,720 S.F. LOT 36 0.145 ACRES 6,311 S.F. LOT 43 0.131 ACRES 5,720 S.F. LOT 42 0.145 ACRES 6,311 S.F. LOT 44 0.131 ACRES 5,720 S.F. LOT 45 0.131 ACRES 5,720 S.F. LOT 46 0.131 ACRES 5,720 S.F. LOT 47 0.145 ACRES 6,310 S.F. LOT 71 1.576 ACRES 68,650 S.F. LOT 70 2.102 ACRES 91,570 S.F. 18.30 ACRES DOC. NO. 1999015842 D.R.N.C.T. (OWNER: CAROL SYLVIA SMITH) 14.58 ACRES DOC. NO. 2008038737 D.R.N.C.T. (OWNER: MAGEL FARMS, LLC)LOT 24LOT 23LOT 22LOT 21LOT 23LOT 22LOT 22LOT 26LOT 25LOT 21LOT 24LOT 211 3 2 1 11 1012LOT 1PUBLICPARK3 PUBLICPARK3PUBLIC PARK DRAINAGE CHANNEL 31, CITY OF CORPUS CHRISTI VOL. 2005, PG. 880, D.R.N.C.T. & VOL. 2046, PG. 721, D.R.N.C.T. 2 34 5 5 PENNINE WAY 50' RIGHT OF WAY"" " " " """""""" "6 (1 :6 (6 :1 :1 (6 (1 :6 (6 :1 :1 (1 :1 ( 1 (6 (1 (6 (C2C3 C4 C1 1 C6 C5C7C8C10C9 C12 C13 C14 C 1 5C16C17C18C1 9 C20C2 1 C 2 3 C24 6 : 6 (6 (6 (= FOUND 5/8" RE-BAR = FOUND 1/2" IRON PIPE """""" """"""""""""50.00' 50.00' 50.00' 50.00' 50.00'50.00'50.00'50.00'54.6'FINAL PLAT OF GRANGE PARK UNIT 3 LOT 20GRANGE PARK UNIT 2SUBDIVISIONVOL. 69, PGS. 156 - 158M.R.N.C.T.CLCLY O R K T O W N B L V DCIMARRON BLVDRODD FIELD RDSL O U G H R D STARRY RDSITE MAP NOT TO SCALE SI T E FRED'SFOLLY DRCATTLEMEN DR135.43' DRAINAGE DITCHVOL. 2005, PG. 880 - 886,D.R.N.C.T.DEDICATED TO THE CITY OFCORPUS CHRISTI.DATE OF MAP: 4 JUNE 2020 FOUND 5/8" RE-BAR FOR E. CORNER OF 14.58 ACRE MAGEL FARMS, LLC TRACT %($566 : FOUND 5/8" RE-BAR FOR S.CORNER OF 14.58 ACREMAGEL FARMS, LLC TRACT%($561 : LOS RANCHEROS DRIVE60' RIGHT OF WAYWOODHOUSE LANE 50' RIGHT OF WAY 6 ( LOT 500.131 ACRES 5,720 S.F.6 : LOS ARROYOS DRIVE 50' RIGHT OF WAY RANCHO LAS BRISASUNIT 2VOL. 67, PGS. 361 - 362M.R.N.C.T.277.6' 1 (15' U.E.105.7'44.3'52.0'52.0'105.7'37.0'55.0'54.6'74.6'54.6'54.6'74.6'54.6'74.0'38.1'90.0'52.0'52.0'90.0'38.1'38.2'90.0'52.0'52.0'90.0' 90.0'38.2'52.0'52.0'38.1'90.0'38.2'90.0'52.0'52.0'38.1'90.0'5' E.E.5' U.E.5' E.E.5' U.E.5' E.E.10' U.E. 20' Y.R.5' E.E.10' U.E.20' Y.R."38.2'10' U.E.20' Y.R.5' E.E.5' E.E.20' Y.R.10' U.E.10' U.E.20' Y.R.5' E.E.5' E.E.10' U.E.20' Y.R.5' E.E. 10' Y.R./5' U.E. 10' Y.R./5' U.E. 5' E.E. 5' E.E. 10' Y.R./5' U.E. 10' Y.R./5' U.E. 5' E.E.38.1'61.2'52.0'52.0'30.4'52.0'36.9' 196.2'15.5'240.1'329.9'52.0'90.0'5' U.E.5' E.E.5' E.E.10' U.E. 20' Y.R.5' E.E.15' U.E.5' E.E.15' U.E.5' E.E.5' E.E.10' U.E.20' Y.R.5'U.E. 5' E . E . 10' U.E. 2 0 ' Y . R . 5' E.E. 5' U.E.19.5'CL CL CL CL CL CLCLCLCL135.4' 135.4' 25.0'40.0' 65.0'236.2'RIVERBENDSUBDIVISION UNIT 1VOL. 68, PGS. 901 - 902M.R.N.C.T.30.99 ACRESDOC. NO. 2004034665D.R.N.C.T.(OWNER: GULFWAYSHOPPING CENTER)15' D.E.15' U.E.25.00'25.00'25.00'25.00'25.00'25.00'50.00'25.00'25.00'25.00'25.00' 25.00'25.00' JACK SHUFF DRIVE 50' RIGHT OF WAY SOPHIA DRIVE50' RIGHT OF WAYKEIRA'S WAY50' RIGHT OF WAYNADIA DRIVE50' RIGHT OF WAYNADIA DRIVE 50' RIGHT OF WAY PARI DRIVE 50' RIGHT OF WAY 40.0' 40.0'YORKTOWN BOULEVARDRIGHT OF WAY VARIES65.0' STREET DEDICATION 42,900 S.F. 0.985 ACRES 20' Y.R.20' Y.R.20' Y.R.10' Y.R.10' Y.R.10' Y.R.20' Y.R.20' Y.R.15' U.E. LOT 72 NON-BUILDABLE 0.105 ACRES 4,553 S.F. 15' U.E. 5' U.E. 10' U.E.15' U.E.48.0'55.0'25.0'23.0'50.0'ACCESS EASEMENT NOTE: LOT 72 IS A NON-BUILDABE LOT LOTS 70 - 71 ARE COMMERCIAL LOTS LOTS 1 - 65 ARE RESIDENTIAL LOTS = PROPERTY CORNER 50.00'196.2' C 2 5 C26 5 ' E .E . 7.8' GRANGE PARK SUBDIVISION UNIT 3 OFF-SITE PUBLIC IMPROVEMENTSJOB NO.CIVIL STRUCTURAL MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240C001 DRAWN BY: CHK BY: APP BY: SCALE: DATE: R E V I S I O N S DATEAPPRBYDESCRIPTIONNO. MUNOZ ENGINEERING, LLC ©2017 (PRINTED 6/6/2017, M:\Projects\L - Grangefield Development LLC\Grange Park Unit 3\04 - CIVIL\01 - DWG\03 - WW OFF-SITE PACKAGE\C0010 - COVER.dwg) PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 AS NOTED JULY 2020 RR TT TT190138 07/08/2020COVER SHEET CONSTRUCTION DRAWINGS FORGRANGE PARK DEVELOPMENTUNIT 3OFF-SITE PUBLIC IMPROVEMENTSCORPUS CHRISTI, NUECES COUNTY, TEXAS VICINITY MAPSCALE: NTSNPROJECT INFORMATIONLOCATIONTHIS PROJECT IS LOCATED IN CORPUS CHRISTI, NUECES COUNTY, TEXAS. PROJECT OWNERGRANGEFIELD DEVELOPMENT, LLC PROJECT ENGINEERMUNOZ ENGINEERING, LLCPROJECT DESCRIPTIONTHIS PROJECT CONSISTS OF THE FOLLOWING, BUT NOT LIMITED TO, INSTALLATION OFWASTEWATER, AND ALL INCIDENTALS. ALL WORK SHALL BE IN ACCORDANCE WITHTHE CITY OF CORPUS CHRISTI SPECIFICATIONS AND DETAILS AND ANY PERMITS THATARE REQUIRED.A PERMIT IS REQUIRED FOR ANY EXCAVATION IN THE PUBLIC RIGHT-OF-WAY.EXCAVATION MEANS AN ACTIVITY THAT CUTS, PENETRATES, OR BORES UNDER ANYPORTION OF THE PUBLIC RIGHT-OF-WAY THAT HAS BEEN IMPROVED WITH A PAVEDSURFACE FOR STREET, SIDEWALK, SURFACE DRAINAGE, OR RELATED PUBLICTRANSPORTATION INFRASTRUCTURE PURPOSES. PERMITS WILL NOT BE ISSUED FOREXCAVATION IN ANY PUBLIC RIGH-OF-WAY THAT HAS BEEN CONSTRUCTED,RECONSTRUCTED, REPAVED, OR RESURFACED IN THE PRECEDING FIVE (5) YEARSFROM THE DATE OF ACCEPTANCE BY THE PUBLIC WORKS CONSTRUCTION ENTITY.PROJECT SITE LEGAL DESCRIPTIONA 20.000 ACRE TRACT OUT OF LOT 6 AND LOT 11, SECTION 25, FLOUR BLUFF ANDENCINAL FARM AND GARDEN TRACTS, AS SHOWN ON A MAP RECORDED IN VOLUME"A", PAGES 41 - 43, MAP RECORDS NUECES COUNTY, TEXAS. SAID 20.00 ACRE TRACTALSO BEING SHOWN IN A DEED RECORDED IN DOCUMENT NO. 2017042252, DEEDRECORDS NUECES COUNTY, TEXAS.PROJECT DATUMTHE EXISTING CONDITIONS WERE SURVEYED BY:BRISTER SURVEYING OF CORPUS CHRISTI, TEXASTHE PROJECT DATUM SHALL BE VERIFIED BY THE CONTRACTOR WITH THE SURVEYORINDICATED ABOVE PRIOR TO COMMENCING ANY CONSTRUCTION.PROJECT NOTIFICATIONTHE CONTRACTOR SHALL NOTIFY THE CITY INSPECTION DEPARTMENT AND THEENGINEER AT LEAST THREE (3) WORKING DAYS (MONDAY - FRIDAY: 8:00AM TO 5:00PM)PRIOR TO COMMENCING CONSTRUCTION.GENERAL CONTACT INFORMATIONEMERGENCY: 911POLICE (NON-EMERGENCY) 886-2600FIRE (NON-EMERGENCY) 826-3900CITY OF CORPUS CHRISTICITY CALL CENTER 826-2489DEVELOPMENT SERVICES 826-3240ENGINEERING SERVICES 826-3500ENVIRONMENTAL SERVICES 826-4066GAS DEPARTMENT 885-6900 OR 24HRS - 854-4369 / 885-6942TRAFFIC ENGINEERING 826-2489UTILITIES DEPARTMENT 826-2489 OR AFTER 7PM WEEKDAYS ANDHOLIDAYS - 885-6942PROJECT LOCATION 811 OR 1-800-344-8377 OR www.texas811.orgGIVE 4 WORKING DAYS (M-F) NOTICEABOVE IMAGE IS FROM www.texas811.org, TEXAS EXCAVATION SAFETY SYSTEM, INC., 11880 GREENVILLE AVENUE, SUITE 120, DALLAS, TEXAS 75243-3568 PH: (972) 231-5497NOTICE·THE GENERAL CONTRACTOR AND ALL SUBCONTRACTOR(S) WHICH WILL BE PERFORMING ANY WORK INDICATED WITHIN THESE DRAWINGS WILL BESOLELY RESPONSIBLE FOR CONTACTING TEXAS 811, LONE STAR 811, AND OTHER UTILITY LOCATING COMPANIES AS WELL AS ALL LOCAL UTILITIES(WASTEWATER, STORM, WATER, GAS, TRAFFIC, ETC.) BY ALL MEANS POSSIBLEFOR THE LOCATING AND MARKING OF UNDERGROUND AND ABOVE GROUNDUTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION.·DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OFTHE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITHTHE UTILITY OWNER.1-800-669-8344 OR www.lonestar811.comGIVE 4 WORKING DAYS (M-F) NOTICEABOVE IMAGE IS FROM www.lonestar811.com, LONE STAR 811, 363 N. BELT E., SUITE 1100, HOUSTON, TEXAS 77060 PH: (713) 432-0365 LOCATION MAPSCALE: NTSNFRED'S FOLLY DRIVE PROJECT SITELOCATIONYORKTOWN BLVDPROJECT SITELOCATIONBAR T DRIVESUBDIVISION SITESHEET INDEXSHEET NUMBERSHEET TITLEC001COVER SHEETC010GENERAL NOTES (1 OF 3)C020GENERAL NOTES (2 OF 3)C030GENERAL NOTES (3 OF 3)C040GENERAL LEGEND & ABBREVIATIONSCU110WASTEWATER UTILITY PLANCU200WASTEWATER UTILITY PROFILE12C001C001C050GENERAL TESTING REQUIREMENTSNOTICETHE FOLLOWING CITY OF CORPUS CHRISTI STANDARD DETAILS ARE APART OF THIS PROJECT:WASTEWATER STANDARD DETAILS (SHEETS 1 THRU 4)THE STANDARD DETAILS ARE TO BE OBTAINED BY THE CONTRACTORPRIOR TO CONSTRUCTION FROM THE FOLLOWING WEBSITE:http://www.cctexas.com/promo/standard-details GRANGE PARK SUBDIVISION UNIT 3 OFF-SITE PUBLIC IMPROVEMENTSJOB NO.CIVIL STRUCTURAL MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240C010 DRAWN BY: CHK BY: APP BY: SCALE: DATE: R E V I S I O N S DATEAPPRBYDESCRIPTIONNO. MUNOZ ENGINEERING, LLC ©2017 (PRINTED 6/6/2017, M:\Projects\L - Grangefield Development LLC\Grange Park Unit 3\04 - CIVIL\01 - DWG\03 - WW OFF-SITE PACKAGE\C0101 - NOTES, LEGEND, ABBREVIATIONS.dwg) PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 AS NOTED JULY 2020 RR TT TT190138 07/08/2020GENERAL NOTES (1 OF 3)NOTICE: THIS PAGE DOES NOT CONTAIN ALL PROJECT NOTES OR PROJECT REQUIREMENTS. THIS PAGE MAY CONTAIN NOTES THAT ARE NOT PERTINENTTO THE PROJECT BUT ARE INCLUDED FOR REFERENCE. IT WILL BE THE RESPONSIBILITY OF ALL CONTRACTORS WORKING ON THIS PROJECT TOBE KNOWLEDGEABLE WITH ALL PROJECT CONTRACT DOCUMENTS, WHICH INCLUDES BUT NOT LIMITED TO THE PROJECT GENERALREQUIREMENTS, SPECIFICATIONS, AND DRAWINGS. ANY AND ALL COSTS RELATED TO THE CONTRACTOR FAILURE OF BEING KNOWLEDGEABLEWITH THE CONTRACT DOCUMENTS WILL BE AT THE SOLE EXPENSE OF THE CONTRACTOR.GENERAL1.A MINIMUM OF ONE (1) COPY OF THE LATEST VERSION OR EDITION OF THE FOLLOWING, BUT NOT LIMITED TO, MUST BE ON THE PROJECT SITEWHEN CONSTRUCTION IS IN PROGRESS:1.1.CONTRACT DOCUMENTS AND SPECIFICATIONS,1.2.ALL CONSTRUCTION DRAWINGS,1.3.ALL REQUIRED PERMITS,1.4.ALL REQUIRED LOCAL, STATE, AND FEDERAL DOCUMENTS.2.ALL WORK ON THIS PROJECT WILL BE REQUIRED TO BE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS AND SPECIFICATIONS, THEDRAWINGS, INDUSTRY STANDARDS, ALL PERMITS, AND ALL LAWS AND REGULATIONS.2.1.IN THE EVENT THAT A REGULATION, SPECIFICATION, DETAIL, NOTE, OR OTHER REQUIREMENT IS IN CONFLICT WITH ANOTHERREGULATION, SPECIFICATION, DETAIL, NOTE, OR OTHER REQUIREMENT, THE MOST STRINGENT SHALL BE APPLICABLE, UNLESSDIRECTED BY THE OWNER'S REPRESENTATIVE.3.NOTICE: THE CONTRACTOR SHALL KNOW THE ACTUAL SITE CONDITIONS AND SHALL BE RESPONSIBLE FOR FURNISHING A COMPLETEDPROJECT AS REPRESENTED IN THE CONTRACT DOCUMENTS, SPECIFICATIONS, AND IN THE DRAWINGS.4.IF AT ANY POINT THAT SOMETHING IS NOT CLEAR FOR WHAT IS BEING REPRESENTED WITHIN THIS SET OF DRAWINGS, THE GENERALCONTRACTOR SHALL CONTACT THE OWNER'S REPRESENTATIVE FOR CLARIFICATION PRIOR TO PROCEEDING WITH CONSTRUCTION.5.THE CONTRACTOR IS RESPONSIBLE FOR FIELD VERIFICATION OF EXISTING CONDITIONS AND PROPOSED CONDITIONS, SHALL PERFORMFIELD MEASUREMENTS PRIOR TO CONSTRUCTION, FABRICATION, AND/OR PURCHASE OF ANY MATERIAL, AND SHALL CONTACT, PRIOR TOORDERING MATERIALS, THE OWNER'S REPRESENTATIVE SHOULD CONDITIONS BE DIFFERENT FROM THE CONTRACT DOCUMENTS,SPECIFICATIONS, AND/OR THE DRAWINGS FOR THIS PROJECT.5.1.THE CONTRACTOR SHALL FIELD VERIFY BENCHMARK AND CONTROL POINT ELEVATION(S) PRIOR TO COMMENCING ANY CONSTRUCTION.5.2.THE GENERAL CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY, IN WRITING, OF ANY DISCREPANCIES OR OMISSIONS TO THETOPOGRAPHIC INFORMATION WITHIN THE DRAWINGS.5.3.CONFLICTS ARISING DUE TO LACK OF COORDINATION AND VERIFICATION SHALL BE THE RESPONSIBILITY AND AT THE SOLE EXPENSE OFTHE CONTRACTOR.6.THE CONTRACTOR IS RESPONSIBLE FOR SECURING ALL NECESSARY CONSTRUCTION PERMITS AND CLEARANCES PRIOR TO COMMENCINGCONSTRUCTION AND ANY FEES ASSOCIATED WITH THE PERMIT SHALL BE INCLUDED WITHIN THE BID ITEM(S) REQUIRING THE PERMIT.7.THE CONTRACTOR SHALL CONFINE ALL CONSTRUCTION ACTIVITY TO WITHIN THE LIMITS OF CONSTRUCTION (LOC) AS INDICATED WITHIN THEDRAWINGS INCLUDING, BUT NOT LIMITED TO, JOB SITE FACILITIES, STAGING AREAS, STOCKPILES, EQUIPMENT, ETC., UNLESS PRIORAPPROVAL FROM THE OWNER'S REPRESENTATIVE IS GIVEN.7.1.ANY CONSTRUCTION ACTIVITIES BEYOND THE CONSTRUCTION LIMITS SHALL BE PRE-APPROVED BY THE OWNER'S REPRESENTATIVEPRIOR TO COMMENCING.7.2.IF WORK IS DONE BEYOND THE CONSTRUCTION LIMITS WITHOUT APPROVAL, THAT WORK MAY BE SUBJECT TO GETTING REJECTED FOR ACLAIM FOR ADDITIONAL WORK BASED ON NOT OBTAINING PRIOR AUTHORIZATION.8.ALL QUANTITIES INDICATED WITHIN THE DRAWINGS ARE APPROXIMATE AND FOR REFERENCE USE; NOT ALL MATERIALS REQUIRED TOCONSTRUCT THE PROJECT MAY BE INDICATED AND IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO INCLUDE ALL MATERIALSAND APPURTENANCES TO CONSTRUCT THE PROJECT WITHIN THE AMOUNT BID.9.A SEQUENCE OF CONSTRUCTION SHALL BE SCHEDULED AND COORDINATED WITH THE OWNER'S REPRESENTATIVE PRIOR TOCOMMENCEMENT OF CONSTRUCTION AND CHANGES TO THE SEQUENCE SHALL BE COORDINATED WITH THE OWNER'S REPRESENTATIVE.9.1.THE CONTRACTOR SHALL NOT BE PERMITTED TO COMMENCE WORK ON THE PROJECT BEFORE SUNRISE AND SHALL ARRANGE THEWORK SO THAT IT IS COMPLETED BY SUNSET, UNLESS OTHERWISE INDICATED OR DIRECTED BY THE OWNER'S REPRESENTATIVE.10.THE CONTRACTOR SHALL PRESERVE ALL CONSTRUCTION STAKES, MARKS, ETC. UNTIL FURTHER USE OF THE STAKES, MARKS, ETC. ARE NOTNEEDED.10.1.ANYTIME THAT CONSTRUCTION STAKES, MARKS, ETC. ARE TO BE REPLACED DUE TO BEING DAMAGED, DESTROYED, OR REMOVED AFTERPLACEMENT, THE CONTRACTOR WILL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH REPLACEMENT.LOCATION AND PROTECTION OF EXISTING UTILITIES, STRUCTURES, DITCHES, ROADS, AND OTHER IMPROVEMENTSNOTICE:THE LOCATION OF EXISTING ABOVE GROUND UTILITIES, UNDERGROUND FACILITIES, STRUCTURES, DITCHES, ROADS, AND OTHERIMPROVEMENTS WITHIN THE DRAWINGS ARE APPROXIMATE IN BOTH HORIZONTAL AND VERTICAL LOCATION(S) AND NOT ALL EXISTINGABOVE GROUND UTILITIES, UNDERGROUND FACILITIES, STRUCTURES, DITCHES, ROADS, AND OTHER IMPROVEMENTS WITHIN ANDADJACENT TO THE SITE MAY BE INDICATED ON THE DRAWINGS. THE OWNER AND THE ENGINEER SHALL NOT BE RESPONSIBLE FORTHE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION OR DATA AND THE CONTRACTOR SHALL HAVE FULL RESPONSIBILITYFOR REVIEWING AND CHECKING ALL SUCH INFORMATION FOR THE SAFETY AND PROTECTION THEREOF AND REPAIRING ANY DAMAGETHERETO RESULTING FROM THE WORK; THE COST OF ALL OF WHICH WILL BE CONSIDERED AS HAVING BEEN INCLUDED IN THECONTRACT PRICE.1.IT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL APPROPRIATE PUBLIC AND PRIVATE UTILITY COMPANIES, BY ALLMEANS POSSIBLE, PRIOR TO COMMENCING CONSTRUCTION TO DETERMINE UTILITY LOCATION(S) WITHIN AND ADJACENT TO THE PROJECTSITE.2.THE CONTRACTOR(S) SHALL VIDEO TAPE AND PHOTOGRAPH ALL PROPERTIES AND EXISTING IMPROVEMENTS THAT WILL BE AFFECTED BYCONSTRUCTION, WITH COPIES OF THE INFORMATION BEING SUPPLIED TO THE OWNER'S REPRESENTATIVE PRIOR TO COMMENCINGCONSTRUCTION .3.THE CONTRACTOR(S) IS RESPONSIBLE FOR CONFIRMING THE LOCATION(S) HORIZONTALLY AND VERTICALLY OF ALL BURIED CABLES,CONDUITS, PIPES, AND UNDERGROUND FACILITIES (INCLUDING BUT NOT LIMITED TO STORM SEWER, SANITARY SEWER, WATER, GAS,TELEVISION, TELEPHONE, FIBER OPTIC, ETC.) WHICH ARE WITHIN AND ADJACENT TO THE SITE.3.1.THE GENERAL CONTRACTOR SHALL NOTIFY THE OWNER AND ENGINEER IF ANY DISCREPANCIES ARE FOUND BETWEEN THE ACTUALCONDITIONS VERSUS THE DATA CONTAINED IN THE CONSTRUCTION DRAWINGS PRIOR TO CONSTRUCTION.3.2.ANY COSTS INCURRED AS THE RESULT OF NOT CONFIRMING THE ACTUAL LOCATION(S) HORIZONTALLY AND VERTICALLY OF THE ABOVESAID CABLES, CONDUITS, PIPES, AND UNDERGROUND FACILITIES SHALL BE SOLELY BORNE BY THE CONTRACTOR.3.3.ADDITIONALLY, THE CONTRACTOR(S) SHALL NOTIFY THE OWNER AND ENGINEER IF ANY ERRORS OR DISCREPANCIES ARE FOUND ON THECONSTRUCTION DOCUMENTS WHICH NEGATIVELY IMPACT THE PROJECT.3.4.NOTICE: THE OWNER AND ENGINEER SHALL BE INDEMNIFIED OF PROBLEMS AND/OR COSTS WHICH MAY RESULT FROM THECONTRACTOR'S FAILURE TO VERIFY THE ACTUAL CONDITIONS AND FAILURE TO NOTIFY THE ENGINEER AND OWNER.4.NOTICE: THE CONTRACTOR SHALL FIELD VERIFY THE LOCATION(S) AND ELEVATION(S) OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTIONAND IS RESPONSIBLE FOR COSTS INCURRED BY PROCEEDING WITH ELEVATION(S) OF EXISTING UTILITIES THAT DIFFER FROM THOSEPRESENTED ON THE DRAWINGS.4.1.DISCREPANCIES SHALL BE PRESENTED TO THE ENGINEER FOR REVIEW PRIOR TO PROCEEDING WITH WORK.5.IN THE EVENT THAT A UTILITY LINE NEEDS TO BE ADJUSTED, THE CONTRACTOR SHALL COORDINATE CONSTRUCTION SO THAT THEADJUSTMENT CAN BE MADE.6.THE CONTRACTOR IS SOLELY RESPONSIBLE FOR LOCATING, MARKING (IN ACCORDANCE WITH TEXAS ADMINISTRATIVE CODE (TAC) TITLE 16,PART 1, CHAPTER 18, RULE §18.6 AND AMERICAN PUBLIC WORKS ADMINISTRATION (APWA) UNIFORM COLOR CODE), AND VERIFYING THEACTUAL LOCATION AND ELEVATION OF ALL ABOVE GROUND AND UNDERGROUND UTILITIES WITHIN AND ADJACENT TO THE PROJECT AREAPRIOR TO COMMENCING CONSTRUCTION BY ALL MEANS POSSIBLE.6.1.LOCAL WATER, SEWER, STORM SEWER, GAS, AND TRAFFIC DEPARTMENTS SHALL BE NOTIFIED INDIVIDUALLY TO ENSURE LOCATION OFUTILITIES.7.THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OF ALL EXISTING ABOVE GROUND UTILITIES, UNDERGROUND FACILITIES,STRUCTURES, DITCHES, ROADS, AND ALL PROPOSED IMPROVEMENTS WITHIN AND ADJACENT TO THE PROJECT AREA.7.1.IF ANY DAMAGE OCCURS TO ANY OF THE ABOVE MENTIONED ITEMS DURING CONSTRUCTION, THE CONTRACTOR WILL BE SOLELYRESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE REPAIR, REPLACEMENT, OR REMEDY OF THE DAMAGED ITEM TO EQUAL ORBETTER THAN ITS ORIGINAL CONDITION AS REQUIRED BY THE OWNER OF THE DAMAGED ITEM IN A PROMPT MANNER WITH NOADDITIONAL TIME ADDED TO THE CONTRACT.8.IF ABANDONED UNDERGROUND FACILITIES ARE ENCOUNTERED, THE CONTRACTOR MUST EXPLORE AND RESEARCH THE SITUATION ANDPROVIDE TO THE OWNER'S REPRESENTATIVE THAT THE FACILITY(IES) ARE ABANDONED.8.1.THE CONTRACTOR SHALL REMOVE THE ABANDONED UNDERGROUND FACILITY(IES) REQUIRED TO COMPLETE THE WORK OR SHALL FULLYGROUT THE ABANDONED FACILITY(IES) IN PLACE, UNLESS OTHERWISE INDICATED BY THE OWNER'S REPRESENTATIVE; ALL WORK SHALLBE INCIDENTAL AND NO SEPARATE PAYMENT SHALL BE MADE.9.THE CONTRACTOR SHALL TAKE SPECIAL CONSIDERATION PRIOR TO REMOVING A PORTION OF AN EXISTING DRAINAGE SYSTEM TOFACILITATE ANY WORK TO PREVENT ADVERSE DRAINAGE ISSUES.9.1.THE CONTRACTOR WILL BE SOLELY RESPONSIBLE TO PROVIDE ALL REQUIRED EQUIPMENT AND PERSONNEL TO PREVENT DAMAGE TOPRIVATE PROPERTY, EXISTING IMPROVEMENTS, AND PROPOSED IMPROVEMENTS, WITH ANY DAMAGE BEING REMEDIED BY THECONTRACTOR.10.THE CONTRACTOR IS TO NOTIFY THE PROPERTY OWNER(S) OF ANY WORK THAT WILL AFFECT ANY PUBLIC OR PRIVATE IRRIGATION SYSTEM.10.1.TEMPORARY REPAIRS TO THE SYSTEM SHALL BE MADE TO MAINTAIN THE UN-AFFECTED PORTION OF THE SYSTEM IN A WORKINGCONDITION.10.2.REPAIRS TO THE SYSTEM SHALL BE COMPLETED AS SOON AS PRACTICABLE BY A LICENSED IRRIGATION SYSTEM INSTALLER.11.THE CONTRACTOR SHALL REMOVE, REPLACE, AND RESTORE TO ORIGINAL CONDITION, ELEVATION, AND LOCATION ALL EXISTINGIMPROVEMENTS THAT ARE TO REMAIN THAT ARE ENCOUNTERED DURING CONSTRUCTION, UNLESS OTHERWISE NOTED OR APPROVED BYTHE OWNER'S REPRESENTATIVE.PROTECTION OF VEGETATION AND ENVIRONMENTALLY SENSITIVE AREAS1.NOTICE: IF THE PROJECT IS REGULATED BY A U.S. ARMY CORPS OF ENGINEERS (COE) PERMIT OR OTHER ENVIRONMENTAL PERMIT, THECONTRACTOR WILL BE RESPONSIBLE FOR COMPLYING WITH THE PERMIT.2.THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OF ALL ENVIRONMENTALLY SENSITIVE AREAS NOTED ON THE DRAWINGS OR ASIDENTIFIED BY THE OWNER'S REPRESENTATIVE.2.1.IF AN ENVIRONMENTALLY SENSITIVE AREA IS DISTURBED OR DAMAGED, IT WILL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR TOREMEDY THE DISTURBANCE OR DAMAGE TO THE REQUIREMENTS OF A LOCAL EXPERT APPROVED BY THE OWNER'S REPRESENTATIVEAND IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS AND REQUIREMENTS AT THE CONTRACTOR'S SOLE EXPENSE.3.THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OF ALL VEGETATION THAT IS NOTED ON THE DRAWINGS OR AS DIRECTED BY THEOWNER'S REPRESENTATIVE.3.1.TREES, SHRUBS, AND VEGETATION THAT ARE TO REMAIN SHALL BE TRIMMED IN ACCORDANCE WITH STANDARD HORTICULTURALPRACTICES AND PROTECTED FROM DAMAGE.3.2.IF DAMAGE SHOULD OCCUR TO A TREE OR SHRUB THAT IS TO REMAIN, THE CONTRACTOR WILL BE RESPONSIBLE FOR CARING/REPLACINGTHE ITEM FOR A PERIOD TO BE DETERMINED BY A COMPETENT PERSON AT THE CONTRACTOR'S SOLE EXPENSE.WORK SITE SAFETY AND SECURITY1.IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO IMPLEMENT A SAFETY PROGRAM THAT IS IN COMPLIANCE WITH LOCAL, STATE, ANDFEDERAL SAFETY REGULATIONS FOR ALL WORKERS AND VISITORS FOR THE ENTIRETY OF THE PROJECT.2.THE CONTRACTOR SHALL POST ON-SITE ALL EMERGENCY PHONE NUMBERS FOR:2.1.POLICE, FIRE, AND MEDICAL EMERGENCIES2.2.PUBLIC UTILITY OPERATORS (FOR EACH OPERATOR WITHIN AND ADJACENT TO THE PROJECT SITE)2.3.PRIVATE UTILITY OPERATORS (FOR EACH OPERATOR WITHIN AND ADJACENT TO THE PROJECT SITE)2.4.STREET OPERATORS (FOR EACH OPERATOR WITHIN AND ADJACENT TO THE PROJECT SITE)2.5.TRAFFIC SIGNAL OPERATORS (FOR EACH OPERATOR WITHIN AND ADJACENT TO THE PROJECT SITE)3.THE CONTRACTOR SHALL BE RESPONSIBLE FOR TRAINING ALL EMPLOYEES AND SUBCONTRACTORS IN THE RECOGNITION AND AVOIDANCEOF UNSAFE CONDITIONS AND IN THE REGULATIONS AND HAZARDS WHICH APPLY TO THE AREA IN WHICH THE WORK WILL TAKE PLACE.4.THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL EQUIPMENT AND MATERIALS FOR THE PROTECTION OF PERSONS AND PROPERTYAND FOR PROVIDING SAFE WORKING CONDITIONS THROUGHOUT THE WORK PROGRESS.4.1.ALL SAFETY EXPOSURES OR VIOLATIONS SHALL BE RECTIFIED IMMEDIATELY BY THE CONTRACTOR.5.THE CONTRACTOR SHALL CONDUCT HIS OPERATIONS IN A MANNER SUCH THAT TRUCKS AND OTHER EQUIPMENT DO NOT CREATE A SAFETYHAZARD ON ANY PUBLIC OR PRIVATE STREETS.6.TRENCH SAFETY6.1.THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF A TRENCH SAFETY PROGRAM WHICHMEETS OR EXCEEDS THE REQUIREMENTS OF THE OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (OSHA) AND ANY OTHER LOCAL,STATE, AND FEDERAL REGULATIONS THAT PERTAIN TO TRENCH SAFETY.6.1.1.ALL EXCAVATIONS AND BACKFILL OPERATIONS SHALL BE IN ACCORDANCE WITH THE LATEST OSHA EXCAVATION SAFETYSTANDARDS, STATE REGULATIONS, AND LOCAL REGULATIONS. THE CONTRACTOR SHALL PROVIDE AN EXCAVATION PLANPREPARED BY AN ENGINEER REGISTERED IN THE STATE OF TEXAS PRIOR TO BEGINNING TRENCHING OPERATIONS.6.1.2.THE CONTRACTOR SHALL APPOINT A "COMPETENT PERSON" AS DEFINED BY OSHA WHO WILL BE ON-SITE AT ALL TIMES WHILETRENCHING, PERFORMING EXCAVATIONS, AND WHEN WORKERS ARE IN TRENCHES.6.1.3.THE EXCAVATION PLAN SHALL INDICATE THE PROCEDURES TO BE USED BY THE CONTRACTOR TO COMPLY WITH THE OSHA, STATE,AND LOCAL REQUIREMENTS.6.1.4.THE TRENCH SAFETY PROGRAM AND EXCAVATION PLAN SHALL BE SUBMITTED TO THE OWNER'S REPRESENTATIVE FOR RECORDPURPOSES ONLY AND NOT FOR APPROVAL OR VERIFICATION.7.THE CONTRACTOR SHALL BE RESPONSIBLE FOR SECURING AND CONTROLLING THE WORK SITE TO PREVENT ACCIDENTS, THEFT, ANDVANDALISM.7.1.THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR REPLACEMENT OR SATISFACTORY REPAIRS TO EXISTING AND NEWIMPROVEMENTS DUE TO ACCIDENTS, THEFT, AND VANDALISM.8.IT WILL NOT BE THE RESPONSIBILITY OF THE OWNER, OWNER'S REPRESENTATIVE, OR ENGINEER TO ENSURE THAT ALL SAFETYREGULATIONS ARE ABIDED BY. HOWEVER, IF THE OWNER, OWNER'S REPRESENTATIVE, OR ENGINEER RECOGNIZES OR IS NOTIFIED OFUNSAFE CONDITIONS, THE WORK BEING ACCOMPLISHED WILL BE STOPPED UNTIL THE CONTRACTOR INDICATES THAT IT IS NOT AN UNSAFEMETHOD OR RECTIFIES THE SITUATION AT NO EXPENSE TO THE OWNER, OWNER'S REPRESENTATIVE, OR ENGINEER.EQUIPMENT1.ONLY EQUIPMENT REQUIRED FOR PERFORMING THE WORK ON THE PROJECT WILL BE ALLOWED AT THE SITE.2.THE EQUIPMENT USED ON THE PROJECT SHALL HAVE ALL OF THE REQUIRED PARTS FOR OPERATION INSTALLED AS RECOMMENDED BY THEMANUFACTURER.3.ALL EQUIPMENT REQUIRED TO PERFORM THE WORK ON THE PROJECT SHALL BE IN GOOD WORKING ORDER AND MAINTAINED THROUGHOUTCONSTRUCTION.4.ANY EQUIPMENT THAT IS TO BE STORED ON-SITE SHALL BE LOCATED IN AN AREA THAT IS PROTECTED TO PREVENT ACCIDENTS, DAMAGE TOMATERIALS, AND ANY ADVERSE ENVIRONMENTAL EFFECTS.5.ANY EQUIPMENT THAT IS LEAKING FLUIDS SHALL BE FIXED PROMPTLY AND ANY FLUID CONTAMINATED SOIL SHALL BE REMOVED PROMPTLYIN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS.6.THE CONTRACTOR SHALL PROTECT AGAINST SOIL/WATER CONTAMINATION BY UTILIZING CONTAINERS OR BARRIERS.7.THE CONTRACTOR IS RESPONSIBLE FOR DISPOSAL OF ALL FLUIDS,CLEANING MATERIALS, AND LIQUIDS IN ACCORDANCE WITH LOCAL, STATE,AND FEDERAL REGULATIONS.MATERIALS1.ONLY MATERIALS MEETING THE REQUIREMENTS OF THE SPECIFICATIONS AND REQUIRED FOR PERFORMING THE WORK ON THE PROJECTWILL BE ALLOWED AT THE SITE.2.ANY PROPOSED ALTERNATIVES TO THE MATERIALS NOTED WITHIN THE DRAWINGS OR REQUIRED BY THE SPECIFICATIONS ARE TO BESUBMITTED TO THE OWNER'S REPRESENTATIVE FOR APPROVAL SEVEN (7) CALENDAR DAYS PRIOR TO THE BID OPENING.2.1.ANY CHANGES TO THE DRAWINGS REQUIRED BY ACCEPTANCE OF MATERIAL ALTERNATIVES AND/OR SUBSTITUTIONS ARE THERESPONSIBILITY OF THE CONTRACTOR AND SHALL BE SUBMITTED TO THE OWNER'S REPRESENTATIVE FOR APPROVAL, WITH ALLCOSTS ASSOCIATED WITH THE CHANGE BEING THE RESPONSIBILITY OF THE CONTRACTOR.2.2.THE OWNER RESERVES THE RIGHT TO REJECT ANY PROPOSED SUBSTITUTION IN FAVOR OF THAT SPECIFIED.3.MATERIALS THAT ARE TO BE STORED ON-SITE SHALL BE STORED IN ACCORDANCE WITH THE MANUFACTURER RECOMMENDATIONS ANDPROJECT SPECIFICATIONS AND SHALL BE LOCATED IN AN AREA THAT IS PROTECTED TO PREVENT ACCIDENTS, DAMAGE TO MATERIALS,AND ANY ADVERSE ENVIRONMENTAL EFFECTS.4.ANY DAMAGED MATERIALS SHALL BE PROMPTLY REMEDIED BY THE CONTRACTOR AT THE CONTRACTOR'S SOLE EXPENSE IN ACCORDANCEWITH MANUFACTURER RECOMMENDATIONS.4.1.IF IT IS DETERMINED THAT THE MATERIAL(S) ARE NOT SUITABLE FOR INSTALLATION BY EITHER THE ENGINEER OR THE OWNER, THEN THEMATERIAL(S) ARE TO BE REMOVED FROM THE PROJECT SITE IMMEDIATELY AND DISPOSED OF IN ACCORDANCE WITH LOCAL, STATE,AND FEDERAL REGULATION AT THE SOLE EXPENSE OF THE CONTRACTOR.5.MATERIAL SUBMITTALS SHALL BE PROVIDED TO THE OWNER'S REPRESENTATIVE FOR REVIEW OF MATERIALS TO BE USED ON THE PROJECT.5.1.SUBMIT MATERIAL DESCRIPTIVE LITERATURE, BULLETINS, TECHNICAL DATA SHEETS, MATERIAL SAFETY DATA SHEETS, AND INSTALLATIONINSTRUCTIONS FOR SANITARY SEWER UTILITIES, STORM SEWER UTILITIES, WATER UTILITIES, PAVEMENT, AND OTHER MATERIALS THATWILL BE USED ON THE PROJECT.5.2.MATERIAL INFORMATION SHALL INDICATE THAT SPECIFICATIONS ARE MET OR EXCEEDED.5.3.SUBMITTALS FOR PREFABRICATED ASSEMBLIES SHALL BEAR THE SEAL OF AN ENGINEER LICENSED TO PRACTICE IN THE STATE OF TEXASCERTIFYING THAT THE PRODUCT MEETS ALL APPLICABLE DESIGN CONDITIONS AND CONFORMS TO GOVERNING CODE REQUIREMENTS.6.SUBMIT REINFORCING STEEL SHOP DRAWINGS DETAILING REINFORCEMENT FABRICATION AND BAR PLACEMENT.6.1.SHOP DRAWINGS SHALL INCLUDE A COMPLETE BILL OF MATERIALS FOR ALL REINFORCING STEEL, WHICH IS REFERENCED IN THEINFORMATION ON THE SHOP DRAWINGS.6.2.THE SHOP DRAWINGS SHALL PROVIDE SUFFICIENT DETAIL TO PERMIT PLACEMENT OF THE REINFORCEMENT WITHOUT THE USE OFDESIGN DRAWINGS.SUBMITTAL REQUIREMENTS1.THE FOLLOWING PARTIAL LISTING OF SUBMITTALS SHALL BE FORWARDED TO THE OWNER'S REPRESENTATIVE FOR REVIEW WITH ANY WORKASSOCIATED WITH THESE ITEMS NOT COMMENCING UNTIL THE SUBMITTALS HAVE BEEN REVIEWED AND APPROVED BY THE OWNER'SREPRESENTATIVE:1.1.SUBMIT GRADATION, ATTERBURG LIMITS AND MOISTURE DENSITY CURVES FOR EACH TYPE OF EXISTING SUBGRADE ENCOUNTERED ANDFOR EACH TYPE OF FILL MATERIAL TO BE USED.1.2.SUBMIT REINFORCING STEEL SHOP DRAWINGS DETAILING REINFORCEMENT FABRICATION AND BAR PLACEMENT.1.2.1.SHOP DRAWINGS SHALL INCLUDE A COMPLETE BILL OF MATERIALS FOR ALL REINFORCING STEEL, WHICH IS REFERENCED TO THEINFORMATION ON THE SHOP DRAWINGS.1.2.2.SHOP DRAWINGS SHALL PROVIDE SUFFICIENT DETAIL TO PERMIT PLACEMENT OF THE REINFORCEMENT WITHOUT THE USE OF THEDESIGN DRAWINGS.1.3.SUBMIT DESCRIPTIVE LITERATURE, BULLETINS, TECHNICAL DATA SHEETS, MATERIAL SAFETY DATA SHEETS (MSDS), AND INSTALLATIONINSTRUCTIONS FOR THE FOLLOWING:1.3.1.SANITARY SEWER UTILITY - INCLUDING BUT NOT LIMITED TO: PIPE, MANHOLES, FRAME AND COVER, CONCRETE, FITTINGS, ANDAPPURTENANCES.1.3.2.STORM SEWER UTILITY - INCLUDING BUT NOT LIMITED TO: PIPE, MANHOLES, INLETS, FRAME AND COVER/GRATE, CONCRETE, ANDAPPURTENANCES.1.3.3.WATER UTILITY - INCLUDING BUT NOT LIMITED TO: PIPE, VALVES, FITTINGS, CONCRETE, AND APPURTENANCES.1.4.SUBMITTALS FOR PRECAST OR PREFABRICATED ASSEMBLIES SHALL BEAR THE SEAL OF A ENGINEER LICENSED TO PRACTICE IN THESTATE OF TEXAS CERTIFYING THAT THE PRODUCT MEETS ALL APPLICABLE DESIGN CONDITIONS AND CONFORMS TO GOVERNING CODEREQUIREMENTS.1.5.SUBMIT ANY PROPOSED SUBSTITUTIONS TO THE ITEMS SPECIFIED HEREIN OR IN THE SPECIFICATIONS.1.5.1.OWNER RESERVES THE RIGHT TO REJECT ANY PROPOSED SUBSTITUTION IN FAVOR OF THAT SPECIFIED.1.5.2.IN THE EVENT THAT A SUBSTITUTED ITEM REQUIRES THE CONSTRUCTION DRAWINGS TO BE REVISED IN ANY MANNER, THECONTRACTOR WILL BE SOLELY RESPONSIBLE FOR ALL ENGINEERING AND REPRODUCTION COSTS.1.5.3.IN THE EVENT THAT A SUBSTITUTED ITEM REQUIRES THE ADJUSTMENT AND/OR REINSTALLATION OF EXISTING OR PROPOSEDUTILITIES AND/OR IMPROVEMENTS THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR ALL COSTS.1.6.CONTRACTOR SHALL SUBMIT PAVEMENT CONSTRUCTION AND CONTROL JOINT LOCATIONS FOR REVIEW PRIOR TO PLACING ANYPAVEMENT CONCRETE. SUBMITTAL SHALL HIGHLIGHT JOINT LOCATIONS THAT HAVE BEEN CHANGED FROM THE LAYOUT SHOWN IN THEBID DOCUMENTS. IN GENERAL, PAVEMENT CONSTRUCTION JOINT SPACING SHALL NOT EXCEED FORTY-FEET (40') ON CENTER ANDPAVEMENT CONTROL JOINT SPACING SHALL NOT EXCEED TEN-FEEET (10') ON CENTER.EROSION AND POLLUTION CONTROL DURING CONSTRUCTION1.ALL CONSTRUCTION ACTIVITIES SHALL BE SUBJECT TO THE EROSION AND POLLUTION PREVENTION REQUIREMENTS OF THE CITY, COUNTY,TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ), ALL APPLICABLE PERMITS, AND ALL LAWS AND REGULATIONS.1.1.A TCEQ STORMWATER PERMIT FOR CONSTRUCTION WILL BE REQUIRED FOR THIS PROJECT.2.THE CONTRACTOR IS TO OBTAIN ALL REQUIRED PERMITS AND POST REQUIRED COPIES ON-SITE AT ALL ENTRANCES PRIOR TO COMMENCINGCONSTRUCTION.3.THE CONTRACTOR WILL BE REQUIRED AT ALL TIMES DURING CONSTRUCTION TO PROVIDE AND MAINTAIN ALL REQUIRED CONTROL DEVICESTHAT ARE INDICATED WITHIN THE DRAWINGS AND ALL REQUIRED DEVICES AS REQUIRED BY ANY PERMIT.4.SEE ALSO TEMPORARY EROSION AND POLLUTION CONTROL NOTES AND PLAN(S) WITHIN THIS DRAWING SET.TRAFFIC CONTROL AND EXISTING PEDESTRIAN FACILITIES1.THE CONTRACTOR IS SOLELY RESPONSIBLE TO PROVIDE, IMPLEMENT, AND COMPLY WITH A TRAFFIC CONTROL PLAN MEETING THEREQUIREMENTS OF THE COUNTY OR CITY, TxDOT, THE OWNER'S REPRESENTATIVE, AND THE TEXAS MANUAL ON UNIFORM TRAFFICCONTROL DEVICES (TMUTCD) (LATEST EDITION) FOR ANY WORK ALONG THE ROAD AND ALL ADJACENT ROADS TO THE PROJECT SITE.1.1.THE PLAN SHALL CONTAIN PROVISIONS FOR ALL PROJECT PHASES AND PROVIDE SUFFICIENT BARRICADES, WARNINGS, AND LIGHTING TOWARN AND GUIDE MOTORISTS AND PEDESTRIANS THROUGH THE WORK AREA.1.2.THIS PLAN IS TO BE SUBMITTED TO AND APPROVED BY ALL APPROPRIATE AGENCIES BEFORE CONSTRUCTION ALONG THE ROAD IS TOCOMMENCE.1.3.THIS PLAN AND THE APPROVAL NOTIFICATION ARE TO BE SUBMITTED TO THE OWNER'S REPRESENTATIVE FOR RECORD KEEPINGPURPOSES ONLY BEFORE CONSTRUCTION ALONG THE ROAD IS TO COMMENCE.1.4.IF A PLAN IS INCLUDED WITHIN THE DRAWINGS, IT SHOULD BE USED AS A GENERAL GUIDELINE.2.ANY MODIFICATIONS TO THE APPROVED TRAFFIC CONTROL PLAN SHALL BE SUBMITTED TO ALL APPROPRIATE AGENCIES FOR APPROVALPRIOR TO IMPLEMENTATION.3.THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR MAINTAINING AND VERIFYING THAT ALL TRAFFIC CONTROL DEVICES ARE IN THEPROPER POSITION, WORKING ORDER, AND MEET THE SPECIFICATIONS EACH DAY PRIOR TO COMMENCING WORK AND PRIOR TO LEAVINGFOR THE DAY, AND VERIFYING AT LEAST ONCE PER DAY WHEN NO WORK IS DONE INCLUDING WEEKENDS, HOLIDAYS, AND WEATHER DAYS.4.MAINTENANCE OF TRAFFIC CONTROL DEVICES ARE TO OCCUR IMMEDIATELY WHEN NOTICED THAT THE DEVICE DOES NOT MEET THETRAFFIC CONTROL PLAN AND SPECIFICATIONS.5.IF TRAFFIC ON A ROAD IS TO BE DETOURED, OBSTRUCTED, AND/OR ROAD CLOSED, THE CONTRACTOR SHALL PROVIDE DAILY NOTIFICATIONTO ALL PUBLIC EMERGENCY DEPARTMENTS (I.E. FIRE, POLICE, EMS) AND ALL PRIVATE EMS.5.1.AT ALL TIMES, THE CONTRACTOR SHALL MAINTAIN INGRESS/EGRESS TO ADJACENT PROPERTIES FOR EMERGENCY VEHICLES ANDPOSTAL SERVICE IF AN ALTERNATE ROUTE IS NOT AVAILABLE.6.PLACEMENT OF TEMPORARY AND PERMANENT PAVEMENT MARKINGS SHALL BE IN ACCORDANCE WITH THE TMUTCD, THE DRAWINGS, ANDSHALL BE APPROVED BY THE GOVERNING ENTITY.7.THE CONTRACTOR SHALL MAINTAIN AND PROVIDE FOR SAFE AND CONVENIENT INGRESS/EGRESS TO THE PROPERTY ADJACENT TOCONSTRUCTION, PROTECT EXISTING IMPROVEMENTS, AND SHALL COORDINATE WITH THE PROPERTY OWNER / LESSEE FOR WORK ON THESITE.7.1.THE CONTRACTOR SHALL NOTIFY PROPERTY OWNER/LESSEE IN WRITING SEVEN (7) DAYS PRIOR TO START OF CONSTRUCTION ANDSHALL NOTIFY IN WRITING AT LEAST TWO (2) WEEKS IN ADVANCE OF ANY WORK AFFECTING INGRESS/EGRESS FROM THE PROPERTY.7.1.1.THE NOTICE SHALL BE APPROVED OF BY THE OWNER AND THE OWNER'S REPRESENTATIVE.7.1.2.THE NOTICE SHALL BE HAND DELIVERED BY THE CONTRACTOR.7.1.3.THE NOTICE SHALL INDICATE WHAT DISRUPTIONS WILL OCCUR AND PROVIDE DATES AND CONTRACTOR CONTACT INFORMATION INTHE EVENT OF EMERGENCIES OR ANY QUESTIONS.8.THE CONTRACTOR SHALL MAINTAIN EXISTING PEDESTRIAN FACILITIES DURING CONSTRUCTION.9.THE CONTRACTOR SHALL FILL ANY HOLES LEFT WHEN BARRICADES AND SIGNS ARE REMOVED AND RESTORE THE AREA TO THE ADJACENTCONDITIONS.DRAINAGE DURING CONSTRUCTION1.THE CONTRACTOR SHALL MAINTAIN ADEQUATE DRAINAGE AT ALL TIMES DURING CONSTRUCTION.2.THE CONTRACTOR SHALL PROVIDE INTERIM DRAINAGE BY MEANS OF PUMPS AND TEMPORARY DITCHES DURING CONSTRUCTION ASREQUIRED TO MAINTAIN A WELL-DRAINED SITE FREE OF STANDING WATER AND WATER SOFTENED SOILS, UNLESS OTHERWISE INDICATEDBY THE OWNER'S REPRESENTATIVE.3.DRAINAGE FROM ADJACENT PROPERTIES SHALL NOT BE BLOCKED AT ANYTIME PRIOR, DURING, AND AFTER CONSTRUCTION AND WILL BEHANDLED AS SHOWN ON THE DRAWINGS OR AS INDICATED BY THE OWNER'S REPRESENTATIVE.EXCESS, DEMOLITION, AND SALVAGED MATERIALS1.THE PROJECT AREA SHALL AT ALL TIMES BE KEPT FREE OF DEBRIS AND EXCESS MATERIAL TO THE SATISFACTION OF THE OWNER'SREPRESENTATIVE.2.EXCESS AND DEMOLITION MATERIALS WHICH ARE NOT USED ON THE PROJECT SHALL BECOME THE PROPERTY OF THE CONTRACTOR,UNLESS THE OWNER'S REPRESENTATIVE STATES OTHERWISE.3.DISPOSAL OF ALL EXCESS AND DEMOLITION MATERIALS SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR AND SHALL BEDISPOSED OF IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS.4.DEMOLITION4.1.DEMOLITION OF EXISTING IMPROVEMENTS SHALL BE PERFORMED BY THE CONTRACTOR BY SAW-CUTTING AT THE POINT WHERE THEITEM IS TO REMAIN, UNLESS OTHERWISE INDICATED BY THE OWNER'S REPRESENTATIVE.4.1.1.CUTS SHALL BE VERTICAL AND TO A DEPTH THAT WILL ALLOW THE PORTION TO BE REMOVED WITHOUT DAMAGING ANY PORTIONTO REMAIN.4.2.DEMOLITION SHALL BE COMPLETED IN A MANNER THAT WILL NOT DAMAGE THE PORTION THAT WILL REMAIN AND SHALL BE DONE IN AMANNER THAT IS CONSISTENT WITH INDUSTRY STANDARDS.4.2.1.DAMAGE TO ANY PORTION THAT IS TO REMAIN SHALL BE REPLACED OR REPAIRED TO A LIKE OR BETTER CONDITION BY THECONTRACTOR AT NO EXPENSE TO THE PROJECT.4.3.CEASE OPERATIONS AND NOTIFY THE OWNER'S REPRESENTATIVE IMMEDIATELY IF ADJACENT IMPROVEMENTS APPEAR TO BEENDANGERED.4.4.WELDING OR CUTTING STEEL WITH A TORCH IS NOT PERMITTED UNLESS APPROVED BY THE OWNER'S REPRESENTATIVE.4.5.THE CONTRACTOR SHALL TAKE NECESSARY PRECAUTIONS AND METHODS TO PREVENT THE SPREAD OF DUST AND/OR OTHER DEBRISFROM ENTERING OCCUPIED AREAS OF ADJACENT BUILDINGS OR FROM DAMAGING EXISTING ITEMS THAT ARE TO REMAIN.5.MATERIALS THAT ARE DEEMED SALVAGEABLE SHALL BE HANDLED BY THE CONTRACTOR IN A MANNER TO PREVENT DAMAGE AND SHALL BESTORED AT A LOCATION THAT IS SUITABLE FOR THE OWNER'S REPRESENTATIVE.6.IF WASTE AREAS OR MATERIAL SOURCE AREAS RESULT FROM THIS PROJECT, THE CONTRACTOR IS TO FOLLOW ALL LOCAL, STATE, ANDFEDERAL REGULATIONS. 811 OR 1-800-344-8377 OR www.texas811.orgGIVE 4 WORKING DAYS (M-F) NOTICEABOVE IMAGE IS FROM www.texas811.org, TEXAS EXCAVATION SAFETY SYSTEM, INC., 11880 GREENVILLE AVENUE, SUITE 120, DALLAS, TEXAS 75243-3568 PH: (972) 231-5497 NOTICE·THE GENERAL CONTRACTOR AND ALL SUBCONTRACTOR(S) WHICH WILL BE PERFORMING ANY WORK INDICATED WITHIN THESE DRAWINGS WILL BESOLELY RESPONSIBLE FOR CONTACTING TEXAS 811, LONE STAR 811, AND OTHER UTILITY LOCATING COMPANIES AS WELL AS ALL LOCAL UTILITIES(WASTEWATER, STORM, WATER, GAS, TRAFFIC, ETC.) BY ALL MEANS POSSIBLEFOR THE LOCATING AND MARKING OF UNDERGROUND AND ABOVE GROUNDUTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION.·DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OFTHE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITHTHE UTILITY OWNER.1-800-669-8344 OR www.lonestar811.comGIVE 4 WORKING DAYS (M-F) NOTICEABOVE IMAGE IS FROM www.lonestar811.com, LONE STAR 811, 363 N. BELT E., SUITE 1100, HOUSTON, TEXAS 77060 PH: (713) 432-0365 GRANGE PARK SUBDIVISION UNIT 3 OFF-SITE PUBLIC IMPROVEMENTSJOB NO.CIVIL STRUCTURAL MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240C020 DRAWN BY: CHK BY: APP BY: SCALE: DATE: R E V I S I O N S DATEAPPRBYDESCRIPTIONNO. MUNOZ ENGINEERING, LLC ©2017 (PRINTED 6/6/2017, M:\Projects\L - Grangefield Development LLC\Grange Park Unit 3\04 - CIVIL\01 - DWG\03 - WW OFF-SITE PACKAGE\C0101 - NOTES, LEGEND, ABBREVIATIONS.dwg) PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 AS NOTED JULY 2020 RR TT TT190138 07/08/2020GENERAL NOTES (2 OF 3) 811 OR 1-800-344-8377 OR www.texas811.orgGIVE 4 WORKING DAYS (M-F) NOTICEABOVE IMAGE IS FROM www.texas811.org, TEXAS EXCAVATION SAFETY SYSTEM, INC., 11880 GREENVILLE AVENUE, SUITE 120, DALLAS, TEXAS 75243-3568 PH: (972) 231-5497 NOTICE·THE GENERAL CONTRACTOR AND ALL SUBCONTRACTOR(S) WHICH WILL BE PERFORMING ANY WORK INDICATED WITHIN THESE DRAWINGS WILL BESOLELY RESPONSIBLE FOR CONTACTING TEXAS 811, LONE STAR 811, AND OTHER UTILITY LOCATING COMPANIES AS WELL AS ALL LOCAL UTILITIES(WASTEWATER, STORM, WATER, GAS, TRAFFIC, ETC.) BY ALL MEANS POSSIBLEFOR THE LOCATING AND MARKING OF UNDERGROUND AND ABOVE GROUNDUTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION.·DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OFTHE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITHTHE UTILITY OWNER.1-800-669-8344 OR www.lonestar811.comGIVE 4 WORKING DAYS (M-F) NOTICEABOVE IMAGE IS FROM www.lonestar811.com, LONE STAR 811, 363 N. BELT E., SUITE 1100, HOUSTON, TEXAS 77060 PH: (713) 432-0365NOTICE: THIS PAGE DOES NOT CONTAIN ALL PROJECT NOTES OR PROJECT REQUIREMENTS. THIS PAGE MAY CONTAIN NOTES THAT ARE NOT PERTINENTTO THE PROJECT BUT ARE INCLUDED FOR REFERENCE. IT WILL BE THE RESPONSIBILITY OF ALL CONTRACTORS WORKING ON THIS PROJECT TOBE KNOWLEDGEABLE WITH ALL PROJECT CONTRACT DOCUMENTS, WHICH INCLUDES BUT NOT LIMITED TO THE PROJECT GENERALREQUIREMENTS, SPECIFICATIONS, AND DRAWINGS. ANY AND ALL COSTS RELATED TO THE CONTRACTOR FAILURE OF BEING KNOWLEDGEABLEWITH THE CONTRACT DOCUMENTS WILL BE AT THE SOLE EXPENSE OF THE CONTRACTOR..SITE CLEARING AND EARTHWORK1.THE SITE SHALL BE CLEARED OF ALL TREES, SHRUBS, AND STUMPS UNLESS OTHERWISE NOTED ON THE DRAWINGS OR INDICTED BY THEOWNER'S REPRESENTATIVE IN ACCORDANCE WITH THE SPECIFICATIONS.2.THE SITE SHALL BE CLEARED OF ALL EXISTING CONCRETE, PAVEMENT, WALLS, FENCING, FOUNDATIONS, ETC. AS REQUIRED TO PROPERLYCONSTRUCT THE PROJECT WITH ALL WORK IN ACCORDANCE WITH THE SPECIFICATIONS AND AS INDICATED ON THE DRAWINGS OR ASINDICATED BY THE OWNER'S REPRESENTATIVE.3.THE TOP SIX-INCHES (6") OF MATERIAL SHALL BE STOCKPILED ON-SITE AND USED FOR FINAL STABILIZATION BETWEEN THE BACK OF CURB /ROAD EDGE AND SIDEWALK / RIGHT-OF-WAY LINE / PROPERTY LINE AND COMPACTED TO ACHIEVE A A DEPTH OF SIX-INCHES (6").3.1.ANY ADDITIONAL MATERIAL SHALL BE EVENLY PLACED ON REMAINING AREAS THAT ARE DISTURBED.4.ALL EARTHWORK (SITE GRADING, FILLING, HAULING, CUTTING, LOADING, ETC.) REQUIRED TO ACHIEVE THE LINES AND GRADES AS INDICATEDWITHIN THIS DRAWING SET SHALL BE COMPLETED BY THE CONTRACTOR.5.FILL BEYOND THE RIGHT-OF-WAY (ON LOTS) SHALL BE PLACED IN SIX-INCH (6") LIFTS AND COMPACTED TO MEET THAT OF THE AVERAGE OFTHE EXISTING MATERIAL ON SITE PRIOR TO ANY DISTURBANCE.6.CONTRACTOR SHALL PERFORM ROUGH EARTHWORK (SITE GRADING, FILLING, HAULING, CUTTING, LOADING, ETC.) TO VERIFY ADEQUATEEARTH QUANTITY ON-SITE TO ACHIEVE THE REQUIRED GRADES INDICATED WITHIN THIS DRAWING SET PRIOR TO ANY OTHERCONSTRUCTION.6.1.IF MATERIAL IS TO BE HAULED FROM OFF-SITE SOURCES THE MATERIAL SHALL BE OF LIKE MATERIAL COMPOSITION AS TO WHAT ISFOUND CURRENTLY ON-SITE AND APPROVED BY THE OWNER'S REPRESENTATIVE.7.AFTER ROUGH EARTHWORK IS COMPLETE AND CONTRACTOR DETERMINES THAT SUFFICIENT MATERIAL IS AVAILABLE TO ACHIEVE THEREQUIRED GRADES, CONSTRUCTION ON THE REST OF THE PROJECT CAN COMMENCE.8.FINAL GRADES AS INDICATED WITHIN THE DRAWINGS SHALL BE ACHIEVED PRIOR TO FINAL ACCEPTANCE.9.GRADES NOT OTHERWISE INDICATED SHALL BE UNIFORM LEVELS OR SLOPES BETWEEN POINTS WHERE ELEVATIONS ARE GIVEN, ORBETWEEN SUCH POINTS AND EXISTING FINISH GRADES.9.1.ROUND OFF ABRUPT CHANGES IN SLOPE.10.THE CONTRACTOR WILL BE REQUIRED TO LIMIT THE AMOUNT OF DUST AND WIND TRANSPORTED MATERIALS FROM OCCURRING ON AND OFFTHE PROJECT SITE DURING AND AFTER WORKING HOURS SEVEN (7) DAYS A WEEK THROUGHOUT THE DURATION OF THE PROJECT.10.1.THE CONTRACTOR SHALL PHASE WORK ON THE SITE AND USE WATER, TEMPORARY COVER, AND/OR DUST CONTROL AGENTS TO LIMITTHE AMOUNT OF DUST AND OTHER WIND-BORNE MATERIALS FROM EXITING THE PROJECT SITE.10.2.IF DUST FROM THE PROJECT SITE BECOMES EXCESSIVE, THE CONTRACTOR WILL BE REQUIRED TO TAKE ANY AND ALL MEASURESPOSSIBLE TO CONTROL THE POLLUTION.11.CONTRACTOR SHALL LIMIT THE AMOUNT OF EROSION DUE TO STORM EVENTS AND ANY EROSION AREAS SHALL BE RESHAPED ANDREPAIRED TO THE LINES AND GRADES SHOWN IN THE DRAWINGS IN A TIMELY MANNER WHEN CONDITIONS ALLOW.12.WHEN THE FINISHED FLOOR (FF) ELEVATION IS INDICATED ON THE GRADING PLAN, IT IS TO BE UNDERSTOOD THAT IT IS A RECOMMENDATIONBASED UPON THE DRAINAGE DESIGN OF THE PROJECT. THIS RECOMMENDED FINISHED FLOOR ELEVATION (FF) IS SUBJECT TO CHANGEUPON FINAL DESIGN OF THE BUILDING.12.1.THE OWNER AND THE DESIGN PROFESSIONAL OF THE BUILDING WILL BE SOLELY RESPONSIBLE FOR ADJUSTING THE FINISHED FLOOR(FF) ELEVATION UPON VERIFICATION OF CURRENT CONDITIONS AND ALL CURRENT APPLICABLE LAWS, STATUTES, RULES,REGULATIONS, ORDINANCES, CODES, AND ORDERS OF ANY AND ALL GOVERNMENTAL BODIES, AGENCIES, AUTHORITIES, AND COURTSHAVING JURISDICTION.SITE GRADING1.PRIOR TO COMMENCING GRADING ACTIVITIES, ALL IMPROVEMENTS SHALL BE PROTECTED FROM DAMAGE.1.1.IF ANY IMPROVEMENT IS DAMAGED, THE CONTRACTOR WILL BE RESPONSIBLE FOR THE REPAIR OR REPLACEMENT OF THE ITEMDAMAGED AT NO ADDITIONAL COST TO THE PROJECT.2.THE CONTRACTOR SHALL CONSTRUCT THE SITE TO THE LINES, GRADES, AND ELEVATIONS AS SPECIFIED AND AS INDICATED WITHIN THEDRAWINGS.3.ANY ADJUSTMENTS TO THE LINES, GRADES, AND ELEVATIONS SHALL BE APPROVED BY THE OWNER'S REPRESENTATIVE.4.THE CONTRACTOR WILL BE RESPONSIBLE FOR CONTROLLING DUST AND SOIL MOVEMENT BY WIND AND WATER ONCE SITE GRADINGACTIVITIES HAVE COMMENCED AND SHALL STAGE CONSTRUCTION AND PROVIDE DUST AND SOIL STABILIZATION CONTROL(S).4.1.IF DUST AND SOIL MOVEMENT BY WIND AND WATER BECOMES EXCESSIVE, THE OWNER'S REPRESENTATIVE MAY CEASE ALLCONSTRUCTION ACTIVITIES UNTIL THE CONTRACTOR HAS REMEDIED THE SITUATION.5.AREAS TO RECEIVE FILL SHALL BE STRIPPED OF ALL VEGETATION, HUMUS, AND OTHER OBJECTIONABLE MATTER ENCOUNTERED WITHIN THETOP SIX-INCHES (6") OF THE SOIL.5.1.THIS MATERIAL, WITH THE EXCEPTION OF OBJECTIONABLE MATTER, SHALL BE STOCKPILED, IF FEASIBLE, AND REUSED AS SURFACESTABILIZATION MATERIAL BEYOND THE RIGHT-OF-WAY.5.2.OBJECTIONABLE MATTER SHALL BE DETERMINED BY THE OWNER'S REPRESENTATIVE AND SHALL BECOME THE PROPERTY OF THECONTRACTOR AND DISPOSED OF IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS, UNLESS OTHERWISE INSTRUCTEDBY THE OWNER'S REPRESENTATIVE.6.IMPORT MATERIAL, WHEN REQUIRED, SHALL BE OF SIMILAR MATERIAL AS TO THE NATURAL OCCURRING MATERIAL ON-SITE AND APPROVEDOF BY THE OWNER'S REPRESENTATIVE6.1.MATERIAL SHALL BE FREE OF LARGE CLODS, LARGE ROCKS, ORGANIC MATTER, CONSTRUCTION MATERIAL, TRASH, AND OTHEROBJECTIONABLE MATERIAL.6.2.THE CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR VERIFICATION OF MATERIAL TYPE AND QUANTITY IMPORTED PER TRUCK.6.2.1.THE OWNER'S REPRESENTATIVE SHALL BE PROVIDED TRIP TICKETS THAT INDICATE THE TRUCK NUMBER, DATE OF DELIVERY, MATERIALDELIVERED, AND QUANTITY OF MATERIAL DELIVERED.6.2.2.TRIP TICKETS SHALL BE PROVIDED TO THE OWNER'S REPRESENTATIVE ON A WEEKLY INTERVAL AND AS REQUESTED.7.EXCESS SOIL MATERIAL FROM GRADING ACTIVITIES SHALL NOT BE REMOVED FROM THE SITE, UNLESS DIRECTED BY THE OWNER'SREPRESENTATIVE.7.1.EXCESS MATERIAL SHALL BE INCORPORATED INTO THE PROJECT OR STOCKPILED IN A MANNER TO PROMOTE POSITIVE DRAINAGE.8.NO FILL THAT IS PLACED BY DUMPING IN A PILE OR WINDROW SHALL BE INCORPORATED INTO A LAYER IN THAT POSITION; ALL SUCH PILESAND WINDROWS SHALL BE MOVED BY BLADING OR SIMILAR METHOD.9.ALL FILL SHALL BE PLACED IN LAYERS APPROXIMATELY PARALLEL TO THE FINISH GRADE AND IN LAYERS NOT IN EXCESS OF SIX-INCHES (6”)OF UN-COMPACTED DEPTH, UNLESS INDICATED OTHERWISE BY THE OWNER'S REPRESENTATIVE.10.FILL COMPACTION10.1.5' BEYOND RIGHT-OF-WAY AND WITHIN NON RIGHT-OF-WAY AREAS10.1.1.TO A DENSITY WHICH APPROXIMATES THAT OF THE EXISTING NATURAL GROUND, UNLESS OTHERWISE INDICATED BY THE OWNER'SREPRESENTATIVE.10.2.5' BEYOND RIGHT-OF-WAY AND WITHIN RIGHT-OF-WAY AREAS10.2.1.TO A DENSITY OF NOT LESS THAN 95% STANDARD PROCTOR AT OPTIMUM MOISTURE CONTENT, UNLESS INDICATED OTHERWISE BY THEOWNER'S REPRESENTATIVE.10.3.ALL IRREGULARITIES, DEPRESSIONS, AND SOFT SPOTS WHICH DEVELOP FROM COMPACTION SHALL BE CORRECTED BY THECONTRACTOR.11.ANY EARTHWORK QUANTITIES SHOWN WITHIN THE DRAWINGS ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT REFLECT THEACTUAL AMOUNT THAT WILL BE REQUIRED TO COMPLETE THE WORK DUE TO CONSTRUCTION METHODS.EXCAVATION AND TRENCHING FOR UTILITIES, ROADWAY, AND STRUCTURES1.ALL EXCAVATION SHALL BE IN ACCORDANCE WITH THE TRENCH SAFETY PROGRAM THAT HAS BEEN DEVELOPED AND IMPLEMENTED BY THECONTRACTOR.2.EXCAVATIONS SHALL NOT BE MADE DURING INCLEMENT WEATHER.3.WATER ACCUMULATION IN EXCAVATIONS EXCEEDING ONE-INCH (1") SHALL BE PUMPED OUT PRIOR TO CONTINUING CONSTRUCTION OR ASAPPROVED BY THE OWNER'S REPRESENTATIVE.4.TRENCH EXCAVATION SHALL NOT PRECEDE BACKFILL BY MORE THAN 200 FEET.5.TRENCHES SHALL NOT BE LEFT OPEN OR UNSECURED AFTER NORMAL WORKING HOURS OR WHILE WORKERS ARE NOT PRESENT ON-SITE.5.1.IF TRENCHES ARE LEFT OPEN, THEY SHALL BE COVERED AND APPROPRIATE AND ADEQUATE BARRICADES SHALL BE PLACED TOPREVENT ACCESS INTO THE TRENCH AREA.6.ALL TOP SOIL, VEGETATION, ORGANIC MATERIAL, AND UNSUITABLE SOIL UNDER CONSTRUCTION AREAS SHALL BE EXCAVATED INACCORDANCE WITH APPLICABLE SPECIFICATIONS AND STOCKPILED AND USED AS STABILIZATION MATERIAL FOR AREAS THAT WILL NOT BEBENEATH ROADS, DRIVEWAYS, SIDEWALKS, STRUCTURES, AND OTHER ITEMS AS INDICATED BY THE OWNER'S REPRESENTATIVE.DEWATERING1.DEWATERING ACTIVITIES MAY BE REQUIRED TO CONSTRUCT PORTIONS OF THE PROJECT1.1.THE CONTRACTOR WILL BE RESPONSIBLE FOR ALL REQUIRED PERMITS AND EROSION AND POLLUTION CONTROL DEVICES TO CONTROLTHE EFFLUENT AND SHALL INSTALL THOSE DEVICES PRIOR TO COMMENCING DEWATERING ACTIVITIES. 1.2 THE LOCATION OF THE(SE) DEVICES SHALL BE INSTALLED AT APPROVED LOCATION(S) BY THE OWNER'S REPRESENTATIVE.2.ALL DEWATERING ACTIVITIES SHALL BE IN ACCORDANCE WITH THE SPECIFICATIONS AND LOCAL, STATE, AND FEDERAL REGULATIONS.3.THE CONTRACTOR WILL ALSO BE REQUIRED TO TEST THE SURROUNDING SURFACE WATER(S) AND THE WATER FROM THE DEWATERINGACTIVITIES FOR WATER COMPOSITION PRIOR TO DISCHARGING EFFLUENT.3.1.THE CONTRACTOR SHALL FURNISH THE OWNER'S REPRESENTATIVE WITH A COPY OF THE TEST REPORT.3.2.IF THE WATER IS DETERMINED TO BE OF A COMPOSITION THAT MAY HARM THE SURROUNDING ENVIRONMENT, THEN THE CONTRACTORWILL BE RESPONSIBLE FOR THE DISPOSAL IN A MANNER THAT IS IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS.4.WATER REMOVED FROM EXCAVATIONS SHALL BE HANDLED IN SUCH A MANNER AS TO PREVENT DAMAGE TO ADJACENT PROPERTY ANDOTHER WORK.4.1.DAMAGE CAUSED BY DEWATERING OPERATIONS TO THE ADJACENT PROPERTY OR WORK SHALL BE REPAIRED OR REMEDIED BY THECONTRACTOR AT THE CONTRACTOR'S SOLE EXPENSE.4.2.IF WATER IS TO BE DISPOSED OF OFFSITE, THE CONTRACTOR WILL BE REQUIRED TO LOCATE AND ACQUIRE THE DISPOSAL SITE, OBTAINALL PERMITS, AND DISPOSE OF IT IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS.WASTEWATER (SANITARY SEWER) UTILITY NOTES1.GENERAL1.1.THE WASTEWATER UTILITY MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH THE TEXAS COMMISSION ON ENVIRONMENTALQUALITY (TCEQ) RULES, THE TEXAS ADMINISTRATIVE CODE (TAC) CHAPTER 213.5(c) AND 217.51-217.70, 30 TAC CHAPTER 217,SUBCHAPTER D, AND THE DRAWINGS, DETAILS, AND SPECIFICATIONS FOR THIS PROJECT.1.2.ALL CONTRACTORS PERFORMING ANY UTILITY WORK MUST BE PROVIDED WITH COPIES OF THE WASTEWATER UTILITY DRAWING(S).1.3.NOTICE: IF ANY PORTION OF THE PROPOSED SEWAGE COLLECTION SYSTEM IS TO BE PRIVATE, THEN THAT PORTION SHALL BECONSTRUCTED UNDER THE SUPERVISION OF A LICENSED PLUMBER AND HAVE ALL THE REQUIRED PERMITS.1.4.CONSTRUCTION OF THE PROPOSED SYSTEM SHALL BEGIN AT THE TIE-IN POINT TO AN EXISTING SYSTEM, UNLESS OTHERWISE APPROVEDBY THE OWNERS REPRESENTATIVE.1.5.ALL WORK SHALL BE VERIFIED BY THE CONTRACTOR AND PASS ALL TESTING REQUIREMENTS PRIOR TO PLACEMENT OF ANY SURFACEIMPROVEMENTS.2.PIPE2.1.ALL MATERIALS AND CONSTRUCTION MUST BE IN ACCORDANCE WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ), THETEXAS ADMINISTRATIVE CODE (TAC) §217(c), AND THE DRAWINGS, DETAILS, AND SPECIFICATIONS FOR THIS PROJECT.2.2.ALL SEWER PIPES AND JOINTS MUST MEET THE REQUIREMENTS IN 30 TAC §§217.53(C).2.3.GRAVITY SEWAGE LINES SHALL BE PVC, MUST HAVE AN SDR OF 26 OR LESS, AND MUST MEET THE ASTM SPECIFICATIONS FOR BOTHPIPES AND JOINTS (NUMBERS: D3034, D1784, D2412, D3212, F477) FOR A PRESSURE RATING OF AT LEAST 150 POUNDS PER SQUARE INCH(PSI).2.4.SEWAGE LINES SHALL BE INSTALLED AT THE GRADES AND SLOPES INDICATED ON THE DRAWINGS AND NOT LESS THAN THE MINIMUMSLOPES NOR GREATER THAN THE MAXIMUM SLOPES ESTABLISHED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ).*2.4.1. 6" LINE - MINIMUM SLOPE IS 0.50%; MAXIMUM SLOPE IS 12.35%2.4.2. 8" LINE - MINIMUM SLOPE IS 0.33%; MAXIMUM SLOPE IS 8.40%2.4.3.10" LINE - MINIMUM SLOPE IS 0.25%; MAXIMUM SLOPE IS 6.23%2.4.4.12" LINE - MINIMUM SLOPE IS 0.20%; MAXIMUM SLOPE IS 4.88%2.5.SEWAGE LINES LOCATED WITHIN OR CROSSING THE 5-YEAR FLOODPLAIN OF A DRAINAGE WAY SHALL BE PROTECTED FROM INUNDATIONAND STREAM VELOCITIES WHICH COULD CAUSE EROSION AND SCOURING OF BACKFILL.2.5.1.THE TRENCH MUST BE CAPPED WITH CONCRETE TO PREVENT SCOURING OF BACKFILL OR THE SEWER LINES MUST BE ENCASED INCONCRETE.2.5.2.ALL CONCRETE SHALL HAVE A MINIMUM THICKNESS OF SIX (6) INCHES.2.6.SEPARATION AND CLEARANCES2.6.1.GENERAL UTILITIES2.6.1.A.PARALLEL - VERTICAL SEPARATION SHALL BE A MINIMUM OF TWO-FEET (2') BETWEEN OUTSIDE DIAMETERS AND HORIZONTALSEPARATION SHALL BE A MINIMUM OF FOUR-FEET (4') BETWEEN OUTSIDE DIAMETERS, UNLESS OTHERWISE INDICATED.2.6.1.B.CROSSING - VERTICAL SEPARATION SHALL BE A MINIMUM OF SIX-INCHES (6") BETWEEN OUTSIDE DIAMETERS AND HAVE CEMENTSTABILIZED SAND PLACED BETWEEN AND TWO-FEET (2') BEYOND UTILITY.2.6.2.WATER UTILITIES2.6.2.A.WHERE WATERLINES AND NEW SEWAGE LINES ARE INSTALLED WITH A SEPARATION DISTANCE CLOSER THAN NINE-FEET (9') (I.E.,WATERLINES CROSSING SEWAGE LINES, WATERLINES PARALLELING SEWAGE LINES, OR WATERLINES NEXT TO SEWAGEMANHOLES), THE INSTALLATION MUST MEET THE REQUIREMENTS OF 30 TAC §217.53(D) (PIPE DESIGN) AND 30 TAC §290.44(E)(WATER DISTRIBUTION).2.6.2.B.PARALLEL - VERTICAL SEPARATION SHALL BE A MINIMUM OF TWO-FEET (2') BETWEEN OUTSIDE DIAMETERS AND HORIZONTALSEPARATION SHALL BE A MINIMUM OF FOUR-FEET (4') BETWEEN OUTSIDE DIAMETERS, WITH IN ALL CASES, THE SEWAGE LINESHALL BE BELOW THE UTILITY.2.6.2.C.CROSSING - VERTICAL SEPARATION SHALL BE A MINIMUM OF ONE-FOOT (1') BETWEEN OUTSIDE DIAMETERS AND HAVE CEMENTSTABILIZED SAND PLACED BETWEEN AND FIVE-FEET (5') BEYOND UTILITY. THE SEWAGE LINE MUST BE BELOW THE WATERUTILITY.2.6.3.NEW SEWAGE COLLECTION SYSTEM LINES MUST BE CONSTRUCTED WITH STUB-OUTS FOR THE CONNECTION OF ANTICIPATEDEXTENSIONS.2.6.3.A.THE LOCATION OF SUCH STUB-OUTS MUST BE MARKED ON THE GROUND SUCH THAT THEIR LOCATION CAN BE EASILY DETERMINEDAT THE TIME OF CONNECTION OF THE EXTENSIONS. SUCH STUB-OUTS MUST BE MANUFACTURED WYES OR TEES THAT ARECOMPATIBLE IN SIZE AND MATERIAL WITH BOTH THE SEWAGE LINE AND THE EXTENSION.2.6.3.B.AT THE TIME OF ORIGINAL CONSTRUCTION, NEW STUB-OUTS MUST BE CONSTRUCTED SUFFICIENTLY TO EXTEND BEYOND THE ENDOF THE STREET PAVEMENT.2.6.3.C.ALL STUB-OUTS MUST BE SEALED WITH A MANUFACTURED CAP TO PREVENT LEAKAGE. EXTENSIONS THAT WERE NOTANTICIPATED AT THE TIME OF ORIGINAL CONSTRUCTION OR THAT ARE TO BE CONNECTED TO AN EXISTING SEWER LINE NOTFURNISHED WITH STUB-OUTS MUST BE CONNECTED USING A MANUFACTURED SADDLE AND IN ACCORDANCE WITH ACCEPTEDPLUMBING INDUSTRY TECHNIQUES.2.6.3.D.THE PRIVATE SERVICE LATERAL STUB-OUTS MUST BE INSTALLED AS SHOWN ON THE DRAWING(S) AND MARKED AFTERBACKFILLING AS SHOWN IN THE SEWAGE DETAILS WITHIN THESE DRAWINGS.2.6.4.IF A STUB OR CLEAN-OUT IS USED AT THE END OF THE PROPOSED SEWER LINE, NO PRIVATE SERVICE ATTACHMENTS MAY BECONNECTED BETWEEN THE LAST MANHOLE AND THE CLEANOUT UNLESS IT CAN BE CERTIFIED AS CONFORMING WITH THEPROVISIONS OF 30 TAC §213.5(C)(3)(E).3.MANHOLES3.1.ALL MATERIALS AND CONSTRUCTION MUST BE IN ACCORDANCE WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ), THETEXAS ADMINISTRATIVE CODE (TAC) §217(c), AND THE DRAWINGS, DETAILS, AND SPECIFICATIONS FOR THIS PROJECT.*3.1.1.ALL MANHOLES CONSTRUCTED OR REHABILITATED ON THIS PROJECT MUST HAVE WATERTIGHT SIZE ON SIZE RESILIENT CONNECTORSALLOWING FOR DIFFERENTIAL SETTLEMENT.3.2.THE DIAMETER OF THE MANHOLES MUST BE A MINIMUM OF FOUR-FEET (4') FOR DEPTHS OF 0' TO 13' AND BE A MINIMUM DIAMETER OFFIVE FEET (5') FOR DEPTHS OF 13'+.3.2.1.THE MANWAY MUST HAVE A MINIMUM CLEAR OPENING DIAMETER OF THIRTY-INCHES (30") (30 TAC §217.55).3.2.2.THESE DIMENSIONS AND OTHER DETAILS SHOWING COMPLIANCE WITH THE COMMISSION'S RULES CONCERNING MANHOLES ANDSEWER LINE/MANHOLE INVERTS DESCRIBED IN 30 TAC §217.55 ARE INCLUDED IN THE SEWAGE DETAILS WITHIN THESE DRAWINGS.3.3.ALL MANHOLES WITH SEWAGE LINES ENTERING GREATER THAN THIRTY-INCHES (30") ABOVE THE MANHOLE FLOW LINE WILL BE REQUIREDTO HAVE DROP CONNECTIONS INSTALLED ON THE HIGHER INCOMING LINE.3.4.IF MANHOLES ARE CONSTRUCTED WITHIN THE 100-YEAR FLOODPLAIN, THE COVER MUST HAVE A GASKET AND BE BOLTED TO THE RING.3.4.1.WHERE GASKETED MANHOLE COVERS ARE REQUIRED FOR MORE THAN THREE MANHOLES IN SEQUENCE OR FOR MORE THAN 1,500FEET, ALTERNATE MEANS OF VENTING WILL BE PROVIDED.3.5.BRICKS ARE NOT AN ACCEPTABLE CONSTRUCTION MATERIAL FOR ANY PORTION OF THE MANHOLE.3.6.ALL MANHOLE FLOW LINE AND RIM ELEVATIONS SHOWN ON THE DRAWINGS ARE APPROXIMATE WITH THE FINAL ELEVATIONS BEING FIELDVERIFIED BY THE CONTRACTOR.3.6.1.RIM ELEVATIONS CAN HAVE MINOR ADJUSTMENTS(±1') MADE AND INDICATED ON THE AS-BUILTS.4.SERVICE LATERALS4.1.PUBLIC SERVICE CONNECTIONS (FROM MAIN SEWAGE LINE TO PROPERTY LINE CLEANOUT)4.1.1.ALL MATERIALS AND CONSTRUCTION MUST BE IN ACCORDANCE WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ),THE TEXAS ADMINISTRATIVE CODE (TAC) §217(c), AND THE DRAWINGS, DETAILS, AND SPECIFICATIONS FOR THIS PROJECT.*4.1.2.CONNECTIONS ARE TO BE STAGGERED AT A MINIMUM OF FOUR-FEET (4') AND BE AT LEAST TWO-FEET (2') AWAY FROM JOINTS.4.1.3.ALL CONNECTIONS SHALL BE SIX-INCH (6") PVC.4.1.4.SHALL HAVE A THIRTY-SIX INCH (36") MINIMUM TO SIXTY-INCH (60") MAXIMUM COVER AT THE PROPERTY LINE WITH ANY ADJUSTMENTSTO STAY BELOW WATER UTILITIES BEING THE RESPONSIBILITY OF THE CONTRACTOR.4.2.PRIVATE SERVICE CONNECTIONS (FROM PROPERTY LINE CLEANOUT TO RESIDENCE / COMMERCIAL / INDUSTRIAL TIE-IN)4.2.1.ALL MATERIALS AND CONSTRUCTION MUST BE IN ACCORDANCE WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ),THE TEXAS ADMINISTRATIVE CODE (TAC) §217(c), LOCAL BUILDING CODE, AND THE DRAWINGS, DETAILS, AND SPECIFICATIONS FORTHIS PROJECT.*4.2.2.ALL PRIVATE SERVICE LATERALS MUST BE INSPECTED AND CERTIFIED IN ACCORDANCE WITH 30 TAC §213.5(C)(3)(I).4.2.3.AFTER INSTALLATION OF AND PRIOR TO COVERING AND CONNECTING A PRIVATE SERVICE LATERAL TO AN EXISTING ORGANIZEDSEWAGE COLLECTION SYSTEM, A TEXAS LICENSED PROFESSIONAL ENGINEER, A TEXAS REGISTERED SANITARIAN, OR ANAPPROPRIATE CITY INSPECTOR MUST VISUALLY INSPECT THE PRIVATE SERVICE LATERAL AND THE CONNECTION TO THE SEWAGECOLLECTION SYSTEM AND CERTIFY THAT THEY ARE CONSTRUCTED IN CONFORMITY WITH THE APPLICABLE PROVISIONS OF THISSECTION.4.2.4.THE OWNER OF THE COLLECTION SYSTEM MUST MAINTAIN SUCH CERTIFICATIONS FOR FIVE (5) YEARS AND FORWARD COPIES TO THEAPPROPRIATE TCEQ REGIONAL OFFICE UPON REQUEST.4.3.CONNECTIONS MAY ONLY BE MADE TO AN APPROVED SEWAGE COLLECTION SYSTEM.STORM WATER UTILITY NOTES1.ALL STORM SEWER SHALL BE AS INDICATED ON THE DRAWINGS AND SHALL BE INSTALLED, BEDDED, AND BACK FILLED IN ACCORDANCE WITHTHE STANDARDS, DETAILS, INDUSTRY STANDARDS, AND MANUFACTURERS RECOMMENDATIONS.2.ALL TRENCH BACKFILL SHALL BE PLACED IN 6” LIFTS AND MECHANICALLY COMPACTED TO A DENSITY OF NOT LESS THAN 95% OF THEMAXIMUM DRY DENSITY AS DETERMINED BY THE STANDARD PROCTOR COMPACTION TEST (ASTM D-698/AASHTO T99).3.ALL REINFORCED CONCRETE PIPE (RCP) JOINTS SHALL BE WRAPPED WITH GEOTEXTILE.4.ALL PROPOSED PIPE STUB-OUTS FROM MANHOLES AND INLET LEADS ARE TO BE PLUGGED WITH 8” BRICK WALLS UNLESS OTHERWISEINDICATED ON THE DRAWINGS OR INDICATED BY THE OWNER'S REPRESENTATIVE.5.THE CONTRACTOR SHALL PROVIDE A MINIMUM OF 12” CLEARANCE AT STORM SEWER AND WATERLINE CROSSINGS.6.THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING, MAINTAINING, AND RESTORING ANY BACK SLOPE DRAINAGE SYSTEM THATHAS BECOME DISTURBED AS A RESULT OF THIS WORK.7.ALL DITCHES SHALL BE GRADED TO THE PROPOSED ELEVATIONS TO ENSURE PROPER DRAINAGE.8.ALL OUTFALLS SHALL BE PROPERLY BACKFILLED AND COMPACTED.9.ALL DRIVEWAYS SHALL BE LOCATED TO AVOID EXISTING CURB INLET STRUCTURES.WATER UTILITY NOTES1.THIS WATER DISTRIBUTION SYSTEM MUST BE CONSTRUCTED IN ACCORDANCE WITH THE CURRENT TEXAS COMMISSION ON ENVIRONMENTALQUALITY (TCEQ) RULES AND REGULATIONS FOR PUBLIC WATER SYSTEMS 30 TEXAS ADMINISTRATIVE CODE (TAC) CHAPTER 290SUBCHAPTER D.2.PRIOR TO COMMENCEMENT OF CONSTRUCTION, THE SYSTEM OWNER'S REPRESENTATIVE MUST NOTIFY THE APPROPRIATE TCEQ REGIONALOFFICE.3.ALL NEWLY INSTALLED PIPES AND RELATED PRODUCTS MUST CONFORM TO THE AMERICAN NATIONAL STANDARDS INSTITUTE/NATIONALFOUNDATION (NSF/NSF) STANDARD 61 AND MUST BE CERTIFIED BY AN ORGANIZATION ACCREDITED BY ANSI.4.PLASTIC PIPE FOR USE IN PUBLIC WATER SYSTEMS MUST BEAR THE NATIONAL SANITATION FOUNDATION SEAL OF APPROVAL (NSF-pw) ANDHAVE AN ASTM DESIGN PRESSURE RATING OF AT LEAST 150 PSI OR A STANDARD DIMENSION RATIO OF 26 OR LESS.5.NO PIPE WHICH HAS BEEN USED FOR ANY PURPOSE OTHER THAN THE CONVEYANCE OF DRINKING WATER SHALL BE ACCEPTED ORRELOCATED FOR USE IN ANY PUBLIC DRINKING WATER SUPPLY.6.WATER TRANSMISSION AND DISTRIBUTION LINES MUST BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S INSTRUCTIONS.6.1.HOWEVER, THE TOP OF THE WATER LINE MUST BE LOCATED BELOW THE FROST LINE AND IN NO CASE SHALL THE TOP OF THE WATERLINE BE LESS THAN 36-INCHES BELOW THE GROUND SURFACE.7.DEFLECTION OF WATERLINE HORIZONTALLY AND/OR VERTICALLY MAY OR MAY NOT BE INDICATED ON THE DRAWINGS.8.THE HYDROSTATIC LEAKAGE RATE SHALL NOT EXCEED THE AMOUNT ALLOWED OR RECOMMENDED BY THE MOST CURRENT AWWAFORMULAS FOR PVC PIPE, CAST IRON, AND DUCTILE IRON PIPE.8.1.TESTS SHALL BE MADE ONLY AFTER COMPLETION OF BACKFILL AS SPECIFIED AND NOT UNTIL AT LEAST THIRTY-SIX (36) HOURS AFTERTHE LAST CONCRETE THRUST BLOCK HAS BEEN CAST.8.2.EACH SECTION OF PIPELINE SHALL BE SLOWLY FILLED WITH WATER AND THE SPECIFIED TEST PRESSURE, MEASURED AT THE POINT OFLOWEST ELEVATION, SHALL BE APPLIED.8.3.DURING THE FILLING OF THE PIPE AND BEFORE APPLYING THE SPECIFIED TEST PRESSURE, ALL AIR SHALL BE EXPELLED FROM THEPIPELINE.8.4.DURING THE TEST, ALL EXPOSED PIPE, FITTINGS, VALVES, HYDRANTS, AND JOINTS SHALL BE CAREFULLY EXAMINED.8.4.1.IF FOUND TO BE LEAKING, THEY SHALL BE CORRECTED IMMEDIATELY BY THE CONTRACTOR.8.4.2.IF THE LEAKING IS DUE TO CRACKED OR DEFECTIVE MATERIAL, THE DEFECTIVE MATERIAL SHALL BE REMOVED AND REPLACED BY THECONTRACTOR WITH SOUND MATERIAL.9.THE CONTRACTOR SHALL INSTALL APPROPRIATE AIR RELEASE DEVICES IN THE DISTRIBUTION SYSTEM AT ALL POINTS WHERE TOPOGRAPHYOR OTHER FACTORS MAY CREATE AIR LOCKS IN THE LINES.9.1.ALL VENT OPENINGS TO THE ATMOSPHERE SHALL BE COVERED WITH 16-MESH OR FINER, CORROSION RESISTANT SCREENING MATERIAL,OR AN ACCEPTABLE EQUIVALENT.10.SEPARATION10.1.GENERAL10.1.1.SEPARATION IS TO BE MEASURED FROM THE OUTSIDE SURFACE OF EACH RESPECTIVE PIECE.10.1.2.DEFLECTION OF PIPE MAY BE REQUIRED TO MAINTAIN PROPER SEPARATION AND MAY NOT BE INDICATED ON THE DRAWINGS.10.2.GENERAL UTILITIES10.2.1.PARALLEL - VERTICAL AND HORIZONTAL SEPARATION SHALL BE A MINIMUM OF TWO-FEET (2'), UNLESS OTHERWISE NOTED OR DIRECTEDBY THE OWNER'S REPRESENTATIVE.10.3.CROSSING10.3.1.SEPARATION OF SIX-INCHES (6") TO TWO-FEET (2') - CEMENT STABILIZED SAND (10% CEMENT PER CUBIC YARD OF SAND) SHALL BEPLACED BETWEEN AND TWO-FEET (2') BEYOND EACH UTILITY.10.3.2.SEPARATION OF MORE THAN TWO-FEET (2') - BACKFILL SHALL BE AS DRAWINGS INDICATE OR EQUAL TO OR BETTER THAN EXISTING.10.4.WASTEWATER UTILITIES10.4.1.GENERAL10.4.1.A.IN ALL CASES, THE WATER UTILITY SHALL BE ABOVE THE WASTEWATER UTILITY.10.4.1.B.WATERLINE PIPE JOINT (18'+) IS TO BE CENTERED ON THE CROSSING.10.4.2.SEPARATION OF NINE-FEET (9') OR MORE IN ALL DIRECTIONS10.4.2.A.IN ALL CASES THE WATER LINE IS TO BE LOCATED ABOVE THE SEWAGE UTILITY AND INSTALLED AS INDICATED ON THE DRAWINGSAND BY THE MANUFACTURER.10.4.3.SEPARATION OF NINE-FEET (9') OR LESS IN ANY DIRECTION10.4.3.A.NEW WASTEWATER UTILITY10.4.3.A.1.THE INSTALLATION MUST MEET THE REQUIREMENTS OF 30 TAC §217.53(D) (PIPE DESIGN) AND 30 TAC §290.44(E) (WATERDISTRIBUTION).10.4.3.A.2.PARALLEL - VERTICAL SEPARATION SHALL BE A MINIMUM OF TWO-FEET (2') AND HORIZONTAL SEPARATION SHALL BE A MINIMUMOF FOUR-FEET (4').10.4.3.A.3.CROSSING - VERTICAL SEPARATION SHALL BE A MINIMUM OF ONE-FOOT (1') BETWEEN OUTSIDE DIAMETERS AND HAVE CEMENTSTABILIZED SAND PLACED BETWEEN AND FIVE-FEET (5') BEYOND UTILITY AND THE SEWAGE LINE MUST BE BELOW THE WATERUTILITY.10.4.3.B.EXISTING WASTEWATER UTILITY10.4.3.B.1.IF THE WASTEWATER UTILITY LINE IS LEAKING, THE LINE MUST BE REPLACED NINE-FEET (9') IN EACH DIRECTION OF THECROSSING.10.4.3.B.2.THE INSTALLATION MUST MEET THE REQUIREMENTS OF 30 TAC §217.53(D) (PIPE DESIGN) AND 30 TAC §290.44(E) (WATERDISTRIBUTION).10.4.3.B.2.1.PARALLEL - VERTICAL SEPARATION SHALL BE A MINIMUM OF TWO-FEET (2') AND HORIZONTAL SEPARATION SHALL BE AMINIMUM OF FOUR-FEET (4').10.4.3.B.2.2.CROSSING - VERTICAL SEPARATION SHALL BE A MINIMUM OF TWO-FEET (2') AND HAVE CEMENT STABILIZED SAND PLACEDBETWEEN AND FIVE-FEET (5') BEYOND.10.5.UTILITIES CONVEYING HAZARDOUS MATERIALS (OIL, ETC.)10.5.1.CONTACT ENGINEER FOR REQUIREMENTS.11.THE CONTRACTOR SHALL DISINFECT THE NEW WATER MAINS IN ACCORDANCE WITH AWWA STANDARD C651 AND PROJECT SPECIFICATIONSAND THEN FLUSH AND SAMPLE THE LINES BEFORE BEING PLACED INTO SERVICE.11.1.SAMPLES SHALL BE COLLECTED FOR MICROBIOLOGICAL ANALYSIS TO CHECK THE EFFECTIVENESS OF THE DISINFECTION PROCEDUREWHICH SHALL BE REPEATED IF CONTAMINATION PERSISTS.11.2.A MINIMUM OF ONE (1) SAMPLE FOR EACH 1,000 FEET OF COMPLETED WATER LINE WILL BE REQUIRED, UNLESS NOTED OTHERWISE.12.LOCATION OF WATER LINES, SERVICE CONNECTIONS, VALVES, FIRE HYDRANTS, FITTINGS, AND OTHER ITEMS ARE APPROXIMATE AND ARETO BE LOCATED IN ACCORDANCE WITH THE STANDARD DETAILS.13.QUANTITIES INDICATED ARE APPROXIMATE AND NOT ALL REQUIRED MATERIALS MAY BE INDICATED. GRANGE PARK SUBDIVISION UNIT 3 OFF-SITE PUBLIC IMPROVEMENTSJOB NO.CIVIL STRUCTURAL MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240C030 DRAWN BY: CHK BY: APP BY: SCALE: DATE: R E V I S I O N S DATEAPPRBYDESCRIPTIONNO. MUNOZ ENGINEERING, LLC ©2017 (PRINTED 6/6/2017, M:\Projects\L - Grangefield Development LLC\Grange Park Unit 3\04 - CIVIL\01 - DWG\03 - WW OFF-SITE PACKAGE\C0101 - NOTES, LEGEND, ABBREVIATIONS.dwg) PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 AS NOTED JULY 2020 RR TT TT190138 07/08/2020GENERAL NOTES (3 OF 3) 811 OR 1-800-344-8377 OR www.texas811.orgGIVE 4 WORKING DAYS (M-F) NOTICEABOVE IMAGE IS FROM www.texas811.org, TEXAS EXCAVATION SAFETY SYSTEM, INC., 11880 GREENVILLE AVENUE, SUITE 120, DALLAS, TEXAS 75243-3568 PH: (972) 231-5497 NOTICE·THE GENERAL CONTRACTOR AND ALL SUBCONTRACTOR(S) WHICH WILL BE PERFORMING ANY WORK INDICATED WITHIN THESE DRAWINGS WILL BESOLELY RESPONSIBLE FOR CONTACTING TEXAS 811, LONE STAR 811, AND OTHER UTILITY LOCATING COMPANIES AS WELL AS ALL LOCAL UTILITIES(WASTEWATER, STORM, WATER, GAS, TRAFFIC, ETC.) BY ALL MEANS POSSIBLEFOR THE LOCATING AND MARKING OF UNDERGROUND AND ABOVE GROUNDUTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION.·DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OFTHE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITHTHE UTILITY OWNER.1-800-669-8344 OR www.lonestar811.comGIVE 4 WORKING DAYS (M-F) NOTICEABOVE IMAGE IS FROM www.lonestar811.com, LONE STAR 811, 363 N. BELT E., SUITE 1100, HOUSTON, TEXAS 77060 PH: (713) 432-0365NOTICE: THIS PAGE DOES NOT CONTAIN ALL PROJECT NOTES OR PROJECT REQUIREMENTS. THIS PAGE MAY CONTAIN NOTES THAT ARE NOTPERTINENT TO THE PROJECT BUT ARE INCLUDED FOR REFERENCE. IT WILL BE THE RESPONSIBILITY OF ALL CONTRACTORS WORKINGON THIS PROJECT TO BE KNOWLEDGEABLE WITH ALL PROJECT CONTRACT DOCUMENTS, WHICH INCLUDES BUT NOT LIMITED TO THEPROJECT GENERAL REQUIREMENTS, SPECIFICATIONS, AND DRAWINGS. ANY AND ALL COSTS RELATED TO THE CONTRACTOR FAILUREOF BEING KNOWLEDGEABLE WITH THE CONTRACT DOCUMENTS WILL BE AT THE SOLE EXPENSE OF THE CONTRACTOR.EXISTING PAVEMENT REMOVAL AND REPAIR1.ASPHALT PAVEMENT1.1.PAVEMENT SHALL BE SAW-CUT FULL DEPTH WHERE EXISTING PAVEMENT IS BEING PARTIALLY REMOVED.1.2.AT A MINIMUM, PAVEMENT REPAIR SHALL CONSIST OF TWO-INCH (2") HOT MIX ASPHALTIC CEMENT (HMAC) AND TWELVE-INCH (12")COMPACTED FLEXIBLE BASE IN ACCORDANCE WITH THE SPECIFICATIONS.1.2.1.BASE SHALL BE COMPACTED TO A MINIMUM OF NINETY-EIGHT PERCENT (98%) MODIFIED PROCTOR IN ACCORDANCE WITH ASTM D1557AT MOSITURE CONTENT -1% TO +3% OF OPTIMUM.1.2.2.IF THE EXISTING PAVEMENT SECTION IS FOUND TO BE THICKER, THE PAVEMENT REPAIR SECTION SHALL BE INCREASED TO MATCH THEEXISTING SECTION.2.CONCRETE PAVEMENT2.1.PAVEMENT SHALL BE SAW-CUT FULL DEPTH WHERE EXISTING PAVEMENT IS BEING PARTIALLY REMOVED.2.2.AT A MINIMUM, PAVEMENT REPAIR SHALL CONSIST OF SIX-INCH (6") REINFORCED WITH #4 BARS ON TWELVE-INCH (12") ON-CENTERS WITHDOWELS INTO THE EXISTING PAVEMENT EVERY TWENTY-FOUR INCHES (24") OR EVENLY SPACED AND EIGHT-INCH (8") COMPACTEDFLEXIBLE BASE IN ACCORDANCE WITH THE SPECIFICATIONS.2.2.1.BASE SHALL BE COMPACTED TO A MINIMUM OF NINETY-EIGHT PERCENT (98%) MODIFIED PROCTOR IN ACCORDANCE WITH ASTM D1557AT MOSITURE CONTENT -1% TO +3% OF OPTIMUM.2.2.2.IF THE EXISTING PAVEMENT SECTION IS FOUND TO BE THICKER, THE PAVEMENT REPAIR SECTION SHALL BE INCREASED TO MATCH THEEXISTING SECTION.PAVEMENT CONSTRUCTION1.PRIOR TO COMMENCING PAVING ACTIVITIES, ALL IMPROVEMENTS SHALL BE PROTECTED FROM DAMAGE.1.1.IF ANY IMPROVEMENT IS DAMAGED, THE CONTRACTOR WILL BE RESPONSIBLE FOR THE REPAIR OR REPLACEMENT OF THE ITEM DAMAGEDAT NO ADDITIONAL COST TO THE PROJECT.2.THE CONTRACTOR SHALL CONSTRUCT PAVEMENT TO THE LINES, GRADES, AND ELEVATIONS AS REQUIRED BY THE SPECIFICATIONS AND ASINDICATED WITHIN THE DRAWINGS.2.1.ANY ADJUSTMENTS TO THE LINES, GRADES, AND ELEVATIONS SHALL BE APPROVED BY THE OWNER'S REPRESENTATIVE.3.THE CONTRACTOR SHALL CONSTRUCT PAVEMENT SECTIONS AS INDICATED WITHIN THE DRAWINGS WITH MATERIALS MEETING OREXCEEDING THE SPECIFICATIONS.3.1.FLEXIBLE PAVEMENT SECTION3.1.1.PUBLIC IMPROVEMENT AND PRIVATE IMPROVEMENT WITHIN PUBLIC ROW WITH CLAY SOILS3.1.1.1.SUBGRADE SHALL BE LIME TREATED, WHEN INDICATED WITHIN THE DRAWINGS, IN ACCORDANCE WITH LOCAL GOVERNINGSPECIFICATIONS.3.1.1.1.1.IF LOCAL SPECIFICATIONS ARE NOT AVAILABLE THEN AT A MINIMUM THE SUBGRADE MATERIAL SHALL BE IN ACCORDANCEWITH TxDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGESITEM 260 - LIME TREATMENT (ROAD-MIXED).3.1.1.1.2.AT A MINIMUM THE SUBGRADE SHALL BE TREATED WITH LIME SLURRY TO RESULT IN A PLASTICITY INDEX (P.I.) BELOWTWENTY (20), IN NO CASE SHALL THE PERCENT LIME BY LESS THAN FIVE-PERCENT (5%).3.1.1.2.BASE AND SUBGRADE REINFORCEMENT (GEOGRID), ONLY WHEN INDICATED WITHIN THE DRAWINGS, SHALL BE TENSAR TRIAX®TX5 GEOGRID OR APPROVED EQUAL (NOTE: EQUAL MUST INDICATE SAME OR BETTER TESTING RESULTS FROM THE SAMETESTS), INSTALLED AS PER MANUFACTURERS RECOMMENDATIONS.3.1.1.3.BASE MATERIAL SHALL BE IN ACCORDANCE WITH LOCAL GOVERNING SPECIFICATIONS.3.1.1.3.1.IF LOCAL SPECIFICATIONS ARE NOT AVAILABLE, OR DO NOT INDICATE TYPE, THEN AT A MINIMUM THE BASE MATERIAL SHALLBE TYPE A GRADE 1-2 IN ACCORDANCE WITH TxDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCEOF HIGHWAYS, STREETS, AND BRIDGES ITEM 247 - FLEXIBLE BASE.3.1.1.4.HOT MIX ASPHALTIC CONCRETE (HMAC) SHALL BE IN ACCORDANCE WITH LOCAL GOVERNING SPECIFICATIONS.3.1.1.4.1.IF LOCAL SPECIFICATIONS ARE NOT AVAILABLE, OR DO NOT INDICATE TYPE, THEN AT A MINIMUM THE HMAC SHALL BE TYPED IN ACCORDANCE WITH TxDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS,STREETS, AND BRIDGES ITEM 341 - DENSE-GRADED HOT-MIX ASPHALT.3.1.2.PRIVATE IMPROVEMENT WITHIN PRIVATE PROPERTY WITH CLAY SOILS3.1.2.1.SUBGRADE SHALL BE LIME TREATED, WHEN INDICATED WITHIN THE DRAWINGS, IN ACCORDANCE WITH TxDOT STANDARDSPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES ITEM 260 - LIME TREATMENT(ROAD-MIXED).3.1.2.1.1.AT A MINIMUM THE SUBGRADE SHALL BE TREATED WITH LIME SLURRY TO RESULT IN A PLASTICITY INDEX (P.I.) BELOWTWENTY (20), IN NO CASE SHALL THE PERCENT LIME BY LESS THAN FIVE-PERCENT (5%).3.1.2.2.BASE AND SUBGRADE REINFORCEMENT (GEOGRID), ONLY WHEN INDICATED WITHIN THE DRAWINGS, SHALL BE TENSAR TRIAX®TX5 GEOGRID OR APPROVED EQUAL (NOTE: EQUAL MUST INDICATE SAME OR BETTER TESTING RESULTS FROM THE SAMETESTS), INSTALLED AS PER MANUFACTURERS RECOMMENDATIONS.3.1.2.3.BASE MATERIAL SHALL BE TYPE A GRADE 1-2, OR AS INDICATED WITHIN THE DRAWINGS, IN ACCORDANCE WITH TxDOT STANDARDSPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES ITEM 247 - FLEXIBLE BASE.3.1.2.4.HOT MIX ASPHALTIC CONCRETE (HMAC) SHALL BE TYPE D IN ACCORDANCE WITH TxDOT STANDARD SPECIFICATIONS FORCONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES ITEM 341 - DENSE-GRADED HOT-MIX ASPHALT.3.1.3.PUBLIC IMPROVEMENT OR PRIVATE IMPROVEMENT WITHIN PUBLIC ROW WITH SAND SOILS3.1.3.2.SUGBRADE SHALL BE AS PER TYPE INDICATED WITHIN THE DRAWINGS AND IN ACCORDANCE WITH LOCAL GOVERNINGSPECIFICATIONS.3.1.3.3.BASE MATERIAL SHALL BE AS PER TYPE AS INDICATED WITHIN THE DRAWINGS AND IN ACCORDANCE WITH LOCAL GOVERNINGSPECIFICATIONS.3.1.3.3.1.IF LOCAL SPECIFICATIONS ARE NOT AVAILABLE, OR DO NOT INDICATE TYPE, THEN AT A MINIMUM THE MATERIAL SHALL BECEMENT STABILIZED BASE.3.1.3.3.2.CEMENT STABILIZED BASE3.1.3.3.2.1.AT A MINIMUM SHALL HAVE A PLASTICITY INDEX (P.I.) BELOW TWENTY (20) AND BE TREATED WITH ELEVEN-PERCENT(11%) CEMENT (CONTRACTOR MAY, AT HIS SOLE COST, HAVE THE SOIL TESTED BY THE TESTING COMPANY TOPROVIDE A RECOMMENDATION OF THE PERCENT CEMENT REQUIRED).3.1.3.3.2.2.IF LOCAL SPECIFICATIONS ARE NOT AVAILABLE THEN AT A MINIMUM THE BASE MATERIAL SHALL BE IN ACCORDANCEWITH TxDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, ANDBRIDGES ITEM 275 - CEMENT TREATMENT (ROAD-MIXED).3.1.3.3.3.FLEXIBLE BASE3.1.3.3.3.1.SHALL BE TYPE A GRADE 1-2, OR AS INDICATED WITHIN THE DRAWINGS, IN ACCORDANCE WITH TxDOT STANDARDSPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES ITEM 247 -FLEXIBLE BASE.3.1.1.4.HOT MIX ASPHALTIC CONCRETE (HMAC) SHALL BE IN ACCORDANCE WITH LOCAL GOVERNING SPECIFICATIONS.3.1.1.4.1.IF LOCAL SPECIFICATIONS ARE NOT AVAILABLE, OR DO NOT INDICATE TYPE, THEN AT A MINIMUM THE HMAC SHALL BE TYPED IN ACCORDANCE WITH TxDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS,STREETS, AND BRIDGES ITEM 341 - DENSE-GRADED HOT-MIX ASPHALT.3.1.2.PRIVATE IMPROVEMENT WITHIN PRIVATE PROPERTY WITH SAND SOILS3.1.3.2.SUGBRADE SHALL BE AS PER TYPE INDICATED WITHIN THE DRAWINGS.3.1.3.3.BASE MATERIAL SHALL BE AS PER TYPE AS INDICATED WITHIN THE DRAWINGS.3.1.3.3.1.CEMENT STABILIZED BASE3.1.3.3.1.1.AT A MINIMUM SHALL HAVE A PLASTICITY INDEX (P.I.) BELOW TWENTY (20) AND BE TREATED WITH ELEVEN-PERCENT(11%) CEMENT (CONTRACTOR MAY, AT HIS SOLE COST, HAVE THE SOIL TESTED BY THE TESTING COMPANY TOPROVIDE A RECOMMENDATION OF THE PERCENT CEMENT REQUIRED) AND SHALL BE IN ACCORDANCE WITH TxDOTSTANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES ITEM275 - CEMENT TREATMENT (ROAD-MIXED).3.1.3.3.2.FLEXIBLE BASE3.1.3.3.2.1.SHALL BE TYPE A GRADE 1-2, OR AS INDICATED WITHIN THE DRAWINGS, IN ACCORDANCE WITH TxDOT STANDARDSPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES ITEM 247 -FLEXIBLE BASE.3.1.1.4.HOT MIX ASPHALTIC CONCRETE (HMAC) SHALL BE TYPE D IN ACCORDANCE WITH TxDOT STANDARD SPECIFICATIONS FORCONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES ITEM 341 - DENSE-GRADED HOT-MIX ASPHALT.3.2.RIGID PAVEMENT SECTION3.2.1.PUBLIC IMPROVEMENT AND PRIVATE IMPROVEMENT WITHIN PUBLIC ROW WITH CLAY SOILS3.2.1.1.SUBGRADE SHALL BE LIME TREATED IN ACCORDANCE WITH LOCAL GOVERNING SPECIFICATIONS.3.2.1.1.1.IF LOCAL SPECIFICATIONS ARE NOT AVAILABLE THEN AT A MINIMUM THE SUBGRADE MATERIAL SHALL BE IN ACCORDANCEWITH TxDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGESITEM 260 - LIME TREATMENT (ROAD-MIXED).3.2.1.1.2.AT A MINIMUM THE SUBGRADE SHALL BE TREATED WITH LIME SLURRY TO RESULT IN A PLASTICITY INDEX (P.I.) BELOWTWENTY (20), IN NO CASE SHALL THE PERCENT LIME BY LESS THAN FIVE-PERCENT (5%).3.2.1.2.BASE MATERIAL SHALL BE IN ACCORDANCE WITH LOCAL GOVERNING SPECIFICATIONS.3.2.1.2.1.IF LOCAL SPECIFICATIONS ARE NOT AVAILABLE, OR DO NOT INDICATE TYPE, BASE SHALL BE AS INDICATED WITHIN THEDRAWINGS, WHEN INDICATED SHALL BE TYPE A GRADE 1-2 IN ACCORDANCE WITH TxDOT STANDARD SPECIFICATIONS FORCONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES ITEM 247 - FLEXIBLE BASE.3.2.1.3.CONCRETE SHALL BE IN ACCORDANCE WITH LOCAL GOVERNING SPECIFICATIONS AND THE DRAWINGS.3.2.1.3.1.IF LOCAL SPECIFICATIONS ARE NOT AVAILABLE, OR DO NOT INDICATE TYPE AND MATERIALS, THEN AT A MINIMUM THECONCRETE SHALL BE IN ACCORDANCE WITH TxDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCEOF HIGHWAYS, STREETS, AND BRIDGES ITEM 360 - CONCRETE PAVEMENT.3.2.1.3.2.MATERIALS SHALL BE AT A MINIMUM THE FOLLOWING:3.2.1.3.2.1.CONCRETE SHALL BE MINIMUM 4,000 PSI AT TWENTY-EIGHT (28) DAYS, UNLESS OTHERWISE NOTED.3.2.1.3.2.2.REINFORCING STEEL SHALL BE MINIMUM ASTM A 615, GRADE 60.3.2.1.3.2.3.MAXIMUM SIZE OF COARSE AGGREGATE SHALL BE ONE-ONE HALF INCH (1-1/2 INCH) AND FINE AGGREGATE SHALL BECLEAN WITHOUT ANY CLAY PARTICLES3.2.1.3.2.4.ALL CONCRETE SHALL BE AIR ENTRAINED, CONFORMING TO ASTM C-260 MINIMUM AIR CONTENT, 6% ANY OTHERADDITIVES SHALL BE SUBJECT TO PRIOR APPROVAL BY THE OWNER'S REPRESENTATIVE.3.2.1.3.2.5.LAP AND SPLICES SHALL BE MINIMUM THIRTY (30) BAR DIAMETERS OF LARGER DIAMETER BAR AND STAGGERADJACENT BAR SPLICES A MINIMUM OF TWENTY-FOUR INCHES (24-INCHES).3.2.1.3.2.6.REINFORCEMENT SHALL BE SECURELY SUPPORTED TO PREVENT VERTICAL AND HORIZONTAL MOVEMENT DURINGCONCRETE PLACEMENT.3.2.1.3.2.7.PROVIDE EXPANSION JOINTS AND CONTROL JOINTS FOR CONCRETE FLATWORK AS INDICATED ON THE DRAWINGS.3.2.1.3.2.8.PROVIDE UNIFORM SLOPE FROM HIGH POINT TO LOW POINT AS INDICATED ON THE DRAWINGS, DO NOT POOL ORPOCKET SURFACE WATER.3.2.1.3.2.9.INSTALL PAVING JOINT FILLER BOARD AND EXPANSION JOINT CAPS PER MANUFACTURER'S RECOMMENDATIONS.3.2.1.3.2.10.APPLY A SINGLE BEAD OF EPOXY (GREENSTREAK 7300 GP EPOXY OR EQUAL) BETWEEN ALL ONE-SIDED RETROFIT PVCEXPANSION JOINT CAP SEALS (628 OR 632) AND EXISTING SLAB, CURB OR FOUNDATION PRIOR TO PLACING NEWPAVING.3.2.1.3.2.11.FLEXIBLE JOINT SEALANT COMPOUND (POLYSPEC 2235 SL POLY-SULFIDE POLYMER OR APPROVED EQUAL) USEDALONG WITH CELLULAR FOAM PACKING MATERIAL (BACKER ROD) MAY BE USED INSTEAD OF PVC PAVING CAP WITHFHR APPROVAL.4.THE CONTRACTOR WILL BE REQUIRED TO HAVE THE SUBGRADE AND PROPOSED BASE MATERIALS TESTED BY AN OWNER'S REPRESENTATIVEAPPROVED GEOTECHNICAL TESTING LABORATORY FOR THE ESTABLISHMENT OF AN OPTIMUM SOIL MOISTURE AND DENSITY PROCTOR.4.1.REPORT COPIES SHALL BE SUBMITTED TO THE OWNER'S REPRESENTATIVE PRIOR TO PERFORMING ANY WORK REQUIRING THEMATERIALS.5.IMPROVEMENTS WITHIN THE PAVEMENT AREA SHALL BE MARKED BY THE CONTRACTOR SO THAT AFTER PAVING ACTIVITIES ARE COMPLETE,THE IMPROVEMENTS CAN BE ADJUSTED TO WITHIN ONE-QUARTER INCH (1/4") OF THE FINAL SURFACE, UNLESS OTHERWISE REQUIRED BYOTHER DETAILS OR THE OWNER'S REPRESENTATIVE.6.PRIOR TO PLACEMENT OF ANY PAVING IMPROVEMENTS, ALL UNDERGROUND IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO: SANITARYSEWER UTILITIES, STORM SEWER UTILITIES, WATER UTILITIES, SLEEVES FOR ELECTRICAL UTILITIES, SLEEVES FOR IRRIGATION UTILITIES,SLEEVES FOR COMMUNICATION UTILITIES, AND OTHER UNDERGROUND IMPROVEMENTS THAT ARE REQUIRED AND ARE BENEATH ANDADJACENT TO THE PAVING IMPROVEMENTS SHALL BE INSTALLED IN ACCORDANCE WITH THE DRAWINGS AND INDUSTRY STANDARDS,VERIFIED BY THE CONTRACTOR, AND PASS ALL TESTING REQUIREMENTS.6.1.THE CONTRACTOR MAY PROCEED SOLELY AT THE CONTRACTOR'S OWN RISK IN THE PLACEMENT OF PAVING IMPROVEMENTS PRIOR TOTHE VERIFICATION AND FINAL TESTING OF UNDERGROUND IMPROVEMENTS WITH ANY COSTS RESULTING FROM THE VERIFICATION ORTESTING FAILURE BEING SOLELY AT THE CONTRACTOR'S EXPENSE.6.2.IF IT IS DETERMINED THAT THE CONTRACTOR HAS FAILED TO PLACE THE UNDERGROUND IMPROVEMENTS AS INDICATED ON THEDRAWINGS AND/OR FAILED TO VERIFY THE LOCATION PRIOR TO THE PLACEMENT OF PAVING IMPROVEMENTS, THEN ANY COSTSRESULTING FROM ACTIVITIES TO REMEDY THE SITUATION SHALL BE SOLELY AT THE CONTRACTOR'S EXPENSE.7.WHERE THE PROPOSED PAVEMENT IMPROVEMENTS MEET THE EXISTING PAVEMENTS, THE CONTRACTOR SHALL SAW CUT THE PAVEMENT INA LINE THAT IS PARALLEL TO THE PROPOSED PAVEMENT EDGE TO A POINT THAT IS NOT DAMAGED AND AT A MINIMUM DISTANCE OFTWO-FEET (2') BEYOND THE START OF THE PROPOSED PAVEMENT.SIDEWALK AND ACCESSIBILITY RAMP CONSTRUCTIONNOTE:ALL SIDEWALKS AND ACCESSIBILITY RAMPS (CURB RAMPS, RAMPS, ETC.) ON THIS PROJECT ARE TO BE CONSTRUCTED IN ACCORDANCEWITH THE TEXAS ACCESSIBILITY STANDARDS (TAS), LATEST EDITION; WHEN THE DETAILS AND NOTES AS SHOWN IN THE DRAWINGS AREIN CONFLICT WITH THE TAS, THEN THE TAS REQUIREMENTS SHALL BE USED.1.PRIOR TO COMMENCING PAVING ACTIVITIES, ALL IMPROVEMENTS SHALL BE PROTECTED FROM DAMAGE.1.1.IF ANY IMPROVEMENT IS DAMAGED, THE CONTRACTOR WILL BE RESPONSIBLE FOR THE REPAIR OR REPLACEMENT OF THE ITEM DAMAGEDAT NO ADDITIONAL COST TO THE PROJECT.2.THE CONTRACTOR SHALL CONSTRUCT THE SIDEWALK TO THE LINES, GRADES, AND ELEVATIONS AS REQUIRED BY THE SPECIFICATIONS ANDAS INDICATED WITHIN THE DRAWINGS.2.1.ANY ADJUSTMENTS TO THE LINES, GRADES, AND ELEVATIONS SHALL BE APPROVED BY THE OWNER'S REPRESENTATIVE.3.THE CONTRACTOR SHALL CONSTRUCT, AS INDICATED WITHIN THE DRAWINGS, WITH MATERIALS MEETING OR EXCEEDING THESPECIFICATIONS.3.1.IN ANY CASE THE FOLLOWING SHALL BE USED AS A MINIMUM FOR MATERIALS:3.1.1.EXPANSION BOARD SHALL BE 3/4" REDWOOD WITH APPROPRIATE GREENSTREAK PAVING CAP, UNLESS OTHERWISE INDICATED WITHINTHE DETAILS.3.1.2.CONCRETE SHALL BE MINIMUM CLASS "A", 3,000 PSI CONCRETE IN ACCORDANCE WITH TxDOT STANDARD SPECIFICATIONS FORCONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES ITEM 421 - HYDRAULIC CEMENT CONCRETE, UNLESSOTHERWISE INDICATED WITHIN THE DETAILS.3.1.3.REINFORCEMENT SHALL BE IN ACCORDANCE WITH TxDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OFHIGHWAYS, STREETS, AND BRIDGES ITEM 440 - REINFORCEMENT FOR CONCRETE, UNLESS OTHERWISE INDICATED WITHIN THEDETAILS.4.SURFACE FINISH SHALL BE A BROOM FINISH THAT IS PERPENDICULAR TO THE COMMON PEDESTRIAN PATH, UNLESS OTHERWISE NOTED ONTHE DRAWINGS.4.1.SURFACE FINISH SHALL BE CONSISTENT THROUGHOUT THE PROJECT.5.IMPROVEMENTS WITHIN THE SIDEWALK SURFACE SHALL BE ADJUSTED TO WITHIN PLUS OR MINUS ONE-QUARTER INCH (±1/4") OF THE FINALSURFACE WITH THE EDGE BEING ROUNDED, UNLESS OTHERWISE REQUIRED BY OTHER DETAILS OR THE OWNER'S REPRESENTATIVE.6.PRIOR TO THE PLACEMENT OF ANY SIDEWALK IMPROVEMENTS, ALL UNDERGROUND IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO:SANITARY SEWER UTILITIES, STORM SEWER UTILITIES, WATER UTILITIES, SLEEVES FOR ELECTRICAL UTILITIES, SLEEVES FOR IRRIGATIONUTILITIES, SLEEVES FOR COMMUNICATION UTILITIES, AND OTHER UNDERGROUND IMPROVEMENTS THAT ARE REQUIRED AND ARE BENEATHAND ADJACENT TO THE SIDEWALK IMPROVEMENTS SHALL BE INSTALLED IN ACCORDANCE WITH THE DRAWINGS AND INDUSTRY STANDARDS,SHALL BE VERIFIED BY THE CONTRACTOR, AND PASS ALL TESTING REQUIREMENTS.6.1.THE CONTRACTOR MAY PROCEED SOLELY AT THE CONTRACTOR'S OWN RISK IN THE PLACEMENT OF SIDEWALK IMPROVEMENTS PRIOR TOTHE VERIFICATION AND FINAL TESTING OF UNDERGROUND IMPROVEMENTS WITH ANY COSTS RESULTING FROM THE VERIFICATION ORTESTING FAILURE BEING SOLELY AT THE CONTRACTOR'S EXPENSE.6.2.IF IT IS DETERMINED THAT THE CONTRACTOR HAS FAILED TO PLACE THE UNDERGROUND IMPROVEMENTS AS INDICATED ON THEDRAWINGS AND/OR FAILED TO VERIFY THE LOCATION PRIOR TO PLACEMENT OF SIDEWALK IMPROVEMENTS, THEN ANY COSTSRESULTING FROM ACTIVITIES TO REMEDY THE SITUATION SHALL BE SOLELY AT THE CONTRACTOR'S EXPENSE.7.WHERE THE PROPOSED SIDEWALK IMPROVEMENTS MEET THE EXISTING SIDEWALK,THE CONTRACTOR SHALL PERFORM THE FOLLOWING:7.1.IF THE POINT OF THE EXISTING SIDEWALK EDGE WHERE THE PROPOSED IS TO ABUT TO IS DAMAGED, CRACKED, AND/OR IN A CONDITIONTHAT WILL NOT ALLOW FOR THE PROPOSED SIDEWALK TO PROPERLY TIE-INTO, THE CONTRACTOR SHALL PERFORM ONE OF THEFOLLOWING:7.1.1.SAW CUT THE SIDEWALK AT A CONTROL JOINT WITH, AT ALL TIMES, LEAVING A MINIMUM OF TWO (2) CONTROL JOINT SECTIONSBETWEEN AN EXPANSION JOINT AND THE PROPOSED SIDEWALK.7.1.2.BREAK OUT THE SIDEWALK AT AN EXPANSION JOINT IN A MANNER THAT WILL NOT DAMAGE THE EXISTING.7.2.INSTALL TWELVE-INCH (12") DOWELS WITH SIX-INCHES (6") BEING WITHIN THE EXISTING SIDEWALK BY DRILLING AND USING EPOXYADHESIVE ANCHOR (HILTI No. HIT HY150 OR OWNER'S REPRESENTATIVE APPROVED EQUAL) AND THE OTHER PORTION OF THE DOWELWITHIN THE PROPOSED SIDEWALK.7.3.IF THE SIDEWALK WIDTHS ARE DIFFERENT, THE CONTRACTOR SHALL PROVIDE A TRANSITIONAL AREA AS NOTED ON THE DRAWINGS OR ASREQUIRED BY THE OWNER'S REPRESENTATIVE.8.WHEN THE ELEVATION CHANGES ABRUPTLY BETWEEN THE TOP OF SIDEWALK AND THAT OF THE NATURAL/PROPOSED GRADE, THECONTRACTOR SHALL INSTALL A HEADER WALL ALONGSIDE THE SIDEWALK OF AN ADEQUATE HEIGHT TO MAINTAIN NO GREATER THAN 3:1SLOPES OF THE NATURAL/PROPOSED GRADE, UNLESS OTHERWISE INDICATED BY THE OWNER'S REPRESENTATIVE.SIGNS AND PAVEMENT MARKINGS 1.ALL REGULATORY SIGNS, WARNING SIGNS, OBJECT MARKERS, AND BARRICADES SHALL BE IN ACCORDANCE WITH THE LATEST VERSION OFTHE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (TMUTCD) AND STANDARD HIGHWAY SIGN DESIGNS FOR TEXAS (SHSD).2.THE CONTRACTOR SHALL INSTALL ALL REGULATORY SIGNS, WARNING SIGNS, OBJECT MARKERS, BARRICADES, AND PAVEMENT MARKINGS INACCORDANCE WITH THE DRAWINGS, SPECIFICATIONS, AS INDICATED BY THE OWNER'S REPRESENTATIVE, AND MANUFACTURER'SRECOMMENDATIONS AS SOON AS PRACTICABLE AND PRIOR TO OPENING TO THE PUBLIC.3.ALL CONNECTORS AND FASTENERS USED TO ATTACH THE SIGN TO THE POST SHALL BE GALVANIZED STEEL OR STAINLESS STEEL.4.SIGN(S) SHALL BE INSTALLED AT TIME OF POST INSTALLATION TO ENSURE THE SIGN(S) WILL FACE THE CORRECT DIRECTION.5.THE CONTRACTOR SHALL VERIFY LOCATIONS OF UNDERGROUND UTILITIES AND STRUCTURES PRIOR TO EXCAVATION.6.ANY REGULATORY SIGNS, WARNING SIGNS, OBJECT MARKERS, AND BARRICADES DAMAGED PRIOR TO ACCEPTANCE SHALL BE REPLACED BYTHE CONTRACTOR AT THE CONTRACTOR'S EXPENSE.FINAL CLEAN-UP AND SITE PREPARATION1.THE CONTRACTOR WILL BE REQUIRED TO REMOVE EXCESS MATERIALS AND CONSTRUCTION DEBRIS FROM THE PROJECT SITE, CLEAN ALLROADS AND SIDEWALKS, CLEAR THE STORM SEWER OF SILT AND DEBRIS, CLEAR THE SANITARY SEWER OF DEBRIS, BRING ALL MANHOLES,VALVE BOX COVERS, FIRE HYDRANTS TO PROPER GRADE, AND CLEAR THE SITE OF ALL EQUIPMENT TO THE SATISFACTION OF THE OWNER'SREPRESENTATIVE.2.MATERIALS LARGER THAN FOUR-INCHES (4") IN SIZE WITHIN THE CONSTRUCTION LIMITS AND NOT INCORPORATED INTO THE PROJECT SHALLBE REMOVED BY THE CONTRACTOR FROM THE PROJECT AND DISPOSED OF IN ACCORDANCE WITH LOCAL, STATE, AND FEDERALREGULATIONS, UNLESS OTHERWISE DIRECTED BY THE OWNER OR OWNER'S REPRESENTATIVE.3.EROSION AND POLLUTION CONTROL DEVICES SUCH AS, BUT NOT LIMITED TO, REINFORCED SILT FENCE, INLET PROTECTION, HAY BALES, ANDOTHER DEVICES AS DIRECTED BY THE OWNER'S REPRESENTATIVE SHALL BE VERIFIED AND REMEDIED TO MEET THE REQUIREMENTS OFTHE DEVICE AND OWNER'S REPRESENTATIVE.3.1.THE CONSTRUCTION ENTRANCE SHALL BE REMOVED IN ITS ENTIRETY UNLESS OTHERWISE STATED BY THE ENGINEER.3.2.ADDITIONAL EROSION AND POLLUTION CONTROL DEVICES MAY BE REQUIRED TO HAVE THE PROJECT SITE IN COMPLIANCE WITH LOCAL,STATE, AND FEDERAL REGULATIONS.4.THE CONTRACTOR SHALL GRADE AND STABILIZE THE SITE TO PREPARE THE SITE FOR THE INTENDED USE TO THE SATISFACTION OF THEOWNER'S REPRESENTATIVE.PROJECT COMPLETION AND AS-BUILT DRAWINGS1.THE CONTRACTOR WILL BE RESPONSIBLE FOR MAINTAINING TWO (2) SETS OF "AS-BUILT" DRAWINGS SHOWING ILLUSTRATIONS AND/ORNOTES OF ALL FIELD CHANGES AND MODIFICATIONS TO THE DRAWINGS AS ISSUED FOR THE PROJECT.1.1.AS-BUILT DRAWINGS SHALL BE SIGNED BY ALL CONTRACTOR DESIGNEE(S) AND INSPECTOR(S).2.AT PROJECT COMPLETION, ALL SETS OF "AS-BUILT" DRAWINGS, COPIES OF ALL TESTING REPORTS, ALL APPROVALS AND /OR DISAPPROVALSFROM LOCAL AND STATE ENTITIES, FOUR (4) HARD COPIES AND ONE (1) DIGITAL COPY OF OPERATIONAL AND MAINTENANCE MANUALS, FOUR(4) COPIES OF WARRANTY INFORMATION, AND TWO (2) COPIES OF AFFIDAVITS OF BILLS PAID FROM EACH SUPPLIER MUST BE SUBMITTED TOTHE OWNER'S REPRESENTATIVE PRIOR TO PROJECT FINAL ACCEPTANCE AND FINAL RELEASE OF ANY PAYMENTS.PROJECT NOTES:1.CONTRACTOR TO REFER TO THE CONSTRUCTION DRAWINGS FOR PUBLIC IMPROVEMENTS, GRANGE PARK SUBDIVISION UNIT 3FOR CONSTRUCTION AND LOCATION OF OTHER PROPOSED IMPROVEMENTS.2.CONTRACTOR TO ABIDE BY REQUIREMENTS OF CONSTRUCTION EASEMENT AGREEMENTS FOR ALL WORK ON DORSALDEVELOPMENT PROPERTY.THE FOLLOWING IMPROVEMENTS ARE WITHIN WASTEWATER REIMBURSEMENT REQUEST: WASTEWATER MANHOLES A04, A05,A06, A07, AND WASTEWATER LINES A05, A06, A07.3.CONSTRUCTION OF ALL ITEMS INDICATED WITHIN THESE CONSTRUCTION DRAWINGS ARE REIMBURSEMENTS THROUGH ANAGREEMENT WITH THE CITY OF CORPUS CHRISTI. GRANGE PARK SUBDIVISION UNIT 3 OFF-SITE PUBLIC IMPROVEMENTSJOB NO.CIVIL STRUCTURAL MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240C040 DRAWN BY: CHK BY: APP BY: SCALE: DATE: R E V I S I O N S DATEAPPRBYDESCRIPTIONNO. MUNOZ ENGINEERING, LLC ©2017 (PRINTED 6/6/2017, M:\Projects\L - Grangefield Development LLC\Grange Park Unit 3\04 - CIVIL\01 - DWG\03 - WW OFF-SITE PACKAGE\C0101 - NOTES, LEGEND, ABBREVIATIONS.dwg) PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 AS NOTED JULY 2020 RR TT TT190138 07/08/2020GENERAL TESTING REQUIREMENTS 811 OR 1-800-344-8377 OR www.texas811.orgGIVE 4 WORKING DAYS (M-F) NOTICEABOVE IMAGE IS FROM www.texas811.org, TEXAS EXCAVATION SAFETY SYSTEM, INC., 11880 GREENVILLE AVENUE, SUITE 120, DALLAS, TEXAS 75243-3568 PH: (972) 231-5497 NOTICE·THE GENERAL CONTRACTOR AND ALL SUBCONTRACTOR(S) WHICH WILL BE PERFORMING ANY WORK INDICATED WITHIN THESE DRAWINGS WILL BESOLELY RESPONSIBLE FOR CONTACTING TEXAS 811, LONE STAR 811, AND OTHER UTILITY LOCATING COMPANIES AS WELL AS ALL LOCAL UTILITIES(WASTEWATER, STORM, WATER, GAS, TRAFFIC, ETC.) BY ALL MEANS POSSIBLEFOR THE LOCATING AND MARKING OF UNDERGROUND AND ABOVE GROUNDUTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION.·DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OFTHE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITHTHE UTILITY OWNER.1-800-669-8344 OR www.lonestar811.comGIVE 4 WORKING DAYS (M-F) NOTICEABOVE IMAGE IS FROM www.lonestar811.com, LONE STAR 811, 363 N. BELT E., SUITE 1100, HOUSTON, TEXAS 77060 PH: (713) 432-0365NOTICE: THIS PAGE DOES NOT CONTAIN ALL PROJECT NOTES OR PROJECT REQUIREMENTS. THIS PAGE MAY CONTAIN NOTES THAT ARE NOTPERTINENT TO THE PROJECT BUT ARE INCLUDED FOR REFERENCE. IT WILL BE THE RESPONSIBILITY OF ALL CONTRACTORS WORKINGON THIS PROJECT TO BE KNOWLEDGEABLE WITH ALL PROJECT CONTRACT DOCUMENTS, WHICH INCLUDES BUT NOT LIMITED TO THEPROJECT GENERAL REQUIREMENTS, SPECIFICATIONS, AND DRAWINGS. ANY AND ALL COSTS RELATED TO THE CONTRACTOR FAILUREOF BEING KNOWLEDGEABLE WITH THE CONTRACT DOCUMENTS WILL BE AT THE SOLE EXPENSE OF THE CONTRACTOR.UTILITY BACKFILL TESTING REQUIREMENTS1.GENERAL1.1.SHALL BE FOR ALL PUBLIC AND PRIVATE WASTEWATER UTILITY, STORM SEWER UTILITY, WATER UTILITY, AND ANY OTHER UTILITY THAT ISINSTALLED ON THE PROJECT SITE.2.REQUIREMENT2.1.FREQUENCY OF TESTS SHALL NOT BE LESS THAN ONE (1) FOR ANY PIPE SECTION BETWEEN MAIN LINE VALVES AND EVERY ONE-HUNDREDLINEAR FEET (100') OF MAIN PIPE PER TWO-FEET (2') VERTICAL OF BACKFILL MATERIAL TO TOP OF FINAL BACKFILL, NOT INCLUDINGTOPSOIL BACKFILL MATERIAL, STARTING AT TWO-FEET (2') ABOVE TOP OF PIPE, IN ACCORDANCE WITH ASTM D2922.2.2.IF COMPACTION OF THE FILL MATERIAL DOES NOT MEET OR EXCEED THE REQUIREMENTS, THAT PORTION OF FILL MATERIAL IS TO BEFURTHER COMPACTED AND RETESTED AT THE SOLE EXPENSE OF THE CONTRACTOR.WASTEWATER UTILITY TESTING REQUIREMENTS1.GENERAL1.1.TESTING SHALL BE DONE BY THE CONTRACTOR AND WITNESSED BY THE OWNER REPRESENTATIVE.1.2.THE CONTRACTOR MAY WISH TO CHECK PIPE IMMEDIATELY AFTER BACKFILLING FOR JOB CONTROL.1.3.HOWEVER, THIS SHALL NOT QUALIFY AS ACCEPTANCE TESTING.1.4.NO PIPE CAN BE TESTED FOR FORMAL ACCEPTANCE UNTIL IT HAS BEEN IN PLACE, COMPLETE WITH BACKFILL FOR AT LEAST THIRTY (30)DAYS.1.5.RETESTING1.5.1.ANY DEFECTIVE WORK OR MATERIALS SHALL BE CORRECTED OR REPLACED BY THE CONTRACTOR AT THE CONTRACTORS SOLEEXPENSE, AND RETESTED.1.6.THIS SHALL BE REPEATED UNTIL ALL WORK AND MATERIALS ARE ACCEPTABLE.1.7.TESTING SHALL BE COMPLETED AND ALL WORK SHALL PASS THE REQUIRED TESTING PRIOR TO PLACEMENT OF PAVEMENT.1.7.1.CONTRACTOR MAY PROCEED WITH PLACEMENT OF PAVEMENT AND WILL INCUR ALL COSTS ASSOCIATED WITH THE REMOVAL ANDREPLACEMENT OF PAVEMENT IF UTILITY FAILS TESTING AND NEEDS TO BE REPLACED.2.PIPE2.1.LOW PRESSURE AIR TEST2.1.1.GENERAL2.1.1.A.REQUIRED FOR ALL PIPE2.1.1.B.EQUIPMENT FOR TEST SHALL BE FURNISHED AND INSTALLED BY THE CONTRACTOR.2.1.1.C.THE CONTRACTOR SHALL TEST THE ENTIRE SANITARY SEWERAGE PIPING SYSTEM FOR LEAKS.2.1.1.D.THIS WORK SHALL BE WITNESSED BY THE OWNER REPRESENTATIVE OR A REPRESENTATIVE DESIGNATED BY THE OWNERREPRESENTATIVE.2.1.2.TESTING2.1.1.A.SHALL BE TESTED IN ACCORDANCE WITH UNI-BELL PLASTIC PIPE ASSOCIATION "RECOMMENDED PRACTICE FOR LOW PRESSURE AIRTEST OF INSTALLED SEWER PIPE" UNI-B-6, AND TEXAS ADMINISTRATION CODE.2.1.1.B.THE TEST SECTION SHALL BE PLUGGED AND SUBJECTED TO A TEST PRESSURE NOT IN EXCESS OF FIVE (5) PSI.2.1.1.C.THE TIME REQUIRED FOR A ONE (1) PSI PRESSURE DROP SHALL BE MEASURED AND BE A MINIMUM OF THE VALUE OBTAINED INEQUATION A AND/OR SHOWN IN TABLE 1.EQUATION A:T = 0.0237D2LWHERE:T = MINIMUM ALLOWABLE TIME (SECONDS) FOR A PRESSURE DROP OF ONE (1) PSI GAGEPRESSURED = NOMINAL PIPE DIAMETER (INCHES)L = LENGTH OF PIPE RUN (FEET)MINIMUM TESTING TIMES FOR LOW PRESSURE AIR TESTPIPE DIAMETERMINIMUM TIMEMAXIMUM LENGTHADDITIONAL TIME PER FOOTINCH (SECONDS)FOR MINIMUM TIME (SECONDS PER FOOT) 42265970.380 63403980.853 84522981.517105672392.370126801993.4132.2.DEFLECTION TESTING2.2.1.GENERAL2.2.1.A.REQUIRED FOR ALL PVC PIPE, EXCEPT FOR PIPE THAT IS A SERVICE LINE.2.2.1.B.ALL PIPE SHALL BE TESTED FOR DEFLECTION NO LESS THAN THIRTY (30) DAYS AFTER PLACEMENT OF BACKFILL.2.2.1.C.ALL DEFLECTION TESTING IS TO BE COMPLETED BY MEANS OF PULLING A MANDREL THROUGH THE PIPE.2.2.2.EQUIPMENT FOR DEFLECTION TESTING2.2.2.A.ALL EQUIPMENT IS TO BE PROVIDED BY THE CONTRACTOR.2.2.2.B.MANDRELS2.2.2.B.A.MANDREL SIZE2.2.2.B.A.A.SHALL HAVE AN OUTSIDE DIAMETER (OD) OF NOT LESS THAN NINETY-FIVE PERCENT (95%) OF THE BASE INSIDE DIAMETER(ID) OR AVERAGE INSIDE DIAMETER (ID) OF THE PIPE AS SPECIFIED IN THE APPROPRIATE STANDARD BY THE ASTM,AMERICAN WATER WORKS ASSOCIATION, UNI-BELL, OR AMERICAN NATIONAL STANDARDS INSTITUTE.2.2.2.B.B.MANDREL DESIGN2.2.2.B.B.A.MANDRELS SHALL BE OF MACHINED RIGID CORROSION RESISTANT PIPE THAT CAN WITHSTAND 200 PSI WITHOUT BEINGDEFORMED AND SHALL BE IN ACCORDANCE WITH TEXAS ADMINISTRATIVE CODE.2.2.2.B.B.B.WITH A LENGTH NOT LESS THAN ONE AND ONE-HALF (1-1/2) DIAMETERS.2.2.2.B.B.C.ADJUSTABLE OR FLEXIBLE MANDRELS ARE PROHIBITED.2.2.2.B.B.D.MANDRELS WILL BE SIZED FOR SDR 26 PVC PIPE AT FIVE-PERCENT (5%) DEFLECTION.2.2.3.PROCEDURE2.2.3.A.SHALL BE IN ACCORDANCE WITH TEXAS ADMINISTRATIVE CODE.2.2.3.B.THE TEST SHALL BE WITNESSED BY THE INSPECTOR AND THE OWNER REPRESENTATIVE.2.2.3.C.THE MANDREL SHALL NOT BE PULLED BY ANY MECHANICAL PULLING DEVICES.2.2.3.D.IF A SECTION OF PIPE FAILS THEN THAT PORTION SHALL BE CORRECTED AND A SECOND TEST OF THAT PORTION SHALL BECOMPLETED NO LESS THAN THIRTY (30) DAYS AFTER PLACEMENT OF BACKFILL.2.3.TELEVISED INSPECTION2.3.1.ALL NEW AND REHABILITATED PIPING, MANHOLES, AND APPURTENANCES ARE TO BE TELEVISED WITH A CLOSED CIRCUIT TELEVISIONCAMERA THAT IS PULLED THROUGH EACH COMPLETED LINE SEGMENT.2.3.2.CAMERA CAN BE PULLED IN EITHER DIRECTION AT A SPEED NOT GREATER THAN THIRTY-FEET (30') PER MINUTE, STOPPING ASNECESSARY TO PERMIT PROPER DOCUMENTATION OF THE WASTEWATER LINE’S CONDITION.2.3.3.LIGHTING FOR THE CAMERA SHALL BE SUITABLE TO ALLOW A CLEAR PICTURE OF THE ENTIRE PERIPHERY OF THE PIPE.2.3.4.A CAMERA WITH PAN AND TILT CAPABILITY WILL BE REQUIRED.2.3.5.THE CAMERA, TELEVISION MONITOR, AND OTHER COMPONENTS OF THE VIDEO SYSTEMS SHALL BE CAPABLE OF PRODUCING PICTUREQUALITY TO THE SATISFACTION OF THE OWNER'S REPRESENTATIVE AND UTILITY INSPECTOR.2.3.6.THE CONTRACTOR SHALL PROVIDE TO THE OWNER'S REPRESENTATIVE THREE (3) COPIES AND THE UTILITY INSPECTOR THREE (3)COPIES OF THE TELEVISION INSPECTION REPORT ON A FORM THAT IS APPROVED AND CONTAINS THE FOLLOWING INFORMATION:2.3.6.A.DATE, START TIME, END TIME2.3.6.B.PROJECT NAME AND NUMBER2.3.6.C.INSPECTION COMPANY AND OPERATOR NAME2.3.6.D.ENTRY AND EXIT POINT IDENTIFICATION, DEPTH, AND PIPE SIZE AND TYPE2.3.6.E.DVD NUMBER2.3.6.F.STARTING AND END COUNTER NUMBER2.3.6.G.CAMERA STARTING AND ENDING FOOTAGE (IN FEET)2.3.6.H.DETAILED OBSERVATION COMMENTS AND THE FOOTAGE FROM THE ENTRY POINT FOR EACH COMMENT2.3.7.THE CONTRACTOR SHALL PROVIDE TO THE OWNER'S REPRESENTATIVE THREE (3) COPIES AND THE UTILITY INSPECTOR THREE (3)COPIES OF A COLOR RECORDING IN STANDARD PLAY (SP) MODE FOR EACH LINE OR LINE SEGMENT.2.3.8.THE CAPTURE SYSTEM SHALL HAVE THE CAPABILITY OF RECORDING, DIGITIZING AND STORING SINGLE FRAMES OF VIDEO IMAGES AND“REAL TIME” LIVE VIDEO, AS WELL AS COLLECTING, STORING AND PRINTING WASTEWATER LINE INSPECTION DATA FOR GRAPHICDISPLAY AND REPORT GENERATION.2.3.9.THE IMAGING CAPTURE SYSTEM SHALL STORE DIGITIZED PICTURE IMAGES, HAVE THE ABILITY TO EXPORT PICTURE FILES TO INDUSTRYSTANDARD FORMATS (JPG, BMP, AND TIF), BE TRANSFERABLE TO DVD AND BE PRINTED AT NO COST TO THE CITY. USE OFPROPRIETARY SOFTWARE IS DISCOURAGED; HOWEVER, IF THE CONTRACTOR PROVIDES THE SOFTWARE AND THREE LICENSES TOTHE CITY, PROPRIETARY SOFTWARE COMPATIBLE WITH THE.3.MANHOLE3.1.GENERAL3.1.1.LEAKAGE TESTING SHALL BE PERFORMED ON EACH MANHOLE AND SEPARATE AND INDEPENDENT OF THE COLLECTION SYSTEM PIPESBY ISOLATION.3.1.2.TESTING SHALL BE DONE BY EITHER A HYDROSTATIC TEST OR A VACUUM TEST, OR AS DIRECTED BY THE UTILITY OWNER OR OWNER'SREPRESENTATIVE.3.2.HYDROSTATIC TEST3.2.1.PLUG ALL PIPES ENTERING THE MANHOLE AND FILL THE MANHOLE COMPLETELY WITH WATER.3.2.2.THE MINIMUM LENGTH OF THE TEST SHALL BE ONE (1) HOUR.3.2.3.MAXIMUM LEAKAGE SHALL BE CALCULATED TO BE 0.025 GALLONS PER FOOT DIAMETER OF MANHOLE DEPTH PER HOUR.4.VACUUM TESTING4.1.PLUG ALL LIFT HOLES AND EXTERIOR JOINTS BY APPROVED METHODS.4.2.PLUG ALL PIPES ENTERING THE MANHOLE.4.3.THE TEST HEAD SHALL BE PLACED AT THE TOP OF THE MANHOLE IN ACCORDANCE WITH THE MANUFACTURERS RECOMMENDATIONS.4.4.A VACUUM OF TEN-INCHES (10-INCHES) OF MERCURY SHALL BE DRAWN ON THE MANHOLE, THE VALVE ON THE VACUUM LINE OF THE TESTHEAD CLOSED, AND THE VACUUM PUMP SHUT OFF.4.5.THE TIME OF THE TEST WILL START ONCE THE VACUUM PUMP IS SHUT OFF.4.6.THE MANHOLE SHALL PASS IF THE TIME FOR THE VACUUM READING TO DROP FROM TEN-INCHES (10-INCHES) OF MERCURY TONINE-INCHES (9-INCHES) OF MERCURY EXCEEDS TWO (2) MINUTES.4.7.IF THE MANHOLE FAILS THE INITIAL TEST, NECESSARY REPAIRS SHALL BE MADE BY AN APPROVED METHOD AND THEN BE RETESTED UNTILA SATISFACTORY TEST IS OBTAINED.5.TESTING AND CERTIFICATION5.1.TESTING SHALL BE DONE BY THE CONTRACTOR AND WITNESSED BY THE UTILITY OWNER AND OWNERS OR HIS REPRESENTATIVE.5.2.ALL MANHOLES AND STRUCTURES SHALL BE TESTED AS FINISHED AND COMPLETED FOR FINAL ACCEPTANCE.5.3.ANY DEFECTIVE WORK OR MATERIALS SHALL BE CORRECTED OR REPLACED BY THE CONTRACTOR AND RETESTED.5.4.THIS SHALL BE REPEATED UNTIL ALL WORK AND MATERIALS ARE ACCEPTABLE.WATER UTILITY TESTING REQUIREMENTS1.BACKFILL1.1.GENERAL1.1.1.SHALL BE COMPACTED IN A MANNER AS TO NOT DAMAGE ANY UTILITY OR IMPROVEMENTS.1.2.SELECT BACKFILL MATERIAL1.2.1.COMPACTED BY USE OF INDUSTRY STANDARD EQUIPMENT AT ZERO TO FIVE-PERCENT (0-5%) OF OPTIMUM MOISTURE CONTENT TO NINETY-FIVEPERCENT (95%) OF MAXIMUM DRY DENSITY DETERMINED ACCORDING TO ASTM D698, OR AS REQUIRED BY THE DRAWINGS OR OWNERREPRESENTATIVE.1.3.NATIVE BACKFILL MATERIAL1.3.1.COMPACTED BY USE OF INDUSTRY STANDARD EQUIPMENT TO NINETY-PERCENT (90%) STANDARD PROCTOR, OR AS REQUIRED BY THE DRAWINGSOR OWNER REPRESENTATIVE.1.4.TOPSOIL BACKFILL MATERIAL1.4.1.COMPACTED BY USE OF INDUSTRY STANDARD EQUIPMENT TO A FIRM DENSITY, OR AS REQUIRED BY THE DRAWINGS OR OWNERREPRESENTATIVE.2.HYDROSTATIC PRESSURE TEST2.1.GENERAL2.1.1.ALL PRODUCTS MUST COMPLY WITH NSF/ANSI STANDARD 61.2.1.2.TESTING IS NOT ALLOWED PRIOR TO COMPLETION OF BACKFILL.2.1.2.A.ANY LOCATION OF EXPOSED PIPING, FITTINGS, VALVES, HYDRANTS, AND JOINTS SHALL BE CAREFULLY EXAMINED AND IF FOUNDLEAKING ALL TESTING SHALL STOP AND REPAIRS SHALL BE MADE.2.1.3.EACH SECTION OF PIPELINE SHALL BE SLOWLY FILLED WITH WATER AND THE SPECIFIED TEST PRESSURE, MEASURED AT THE POINT OFLOWEST ELEVATION, SHALL BE APPLIED.2.1.4.ALL REQUIRED TESTING OF THE WATER UTILITY SHALL BE PERFORMED AND PASS ALL REQUIREMENTS PRIOR TO PLACEMENT OF ANYPAVEMENT, INCLUDING, BUT NOT LIMITED TO: SUBGRADE, BASE, ASPHALT, CONCRETE, BRICK PAVERS, CURB AND GUTTER, VALLEYGUTTER, AND SIDEWALKS.2.1.5.TEST SHALL BE MADE BY CONTRACTOR AND WITNESSED BY THE INSPECTOR AND OWNER'S REPRESENTATIVE.2.2.TESTING2.2.1.ALL PIPES SHALL BE SUBJECTED TO TWO (2) HYDROSTATIC TESTS.2.2.2.THE FIRST HYDROSTATIC TEST SHALL BE A TWO (2) HOUR TEST AT A PRESSURE OF 150 P.S.I.2.2.2.A.DUCTILE IRON PIPETHE MAXIMUM ALLOWABLE LEAKAGE SHALL BE CALCULATED BY THE EQUATION AS FOLLOWS:L = S(D√P) / 133,200L = MAXIMUM ALLOWABLE LEAKAGE (GAL./HR.)ORS = LENGTH OF PIPE TESTED (FEET)L = N(D√P) / 7,400N = NUMBER OF JOINTS IN TESTED LINE (PIPE & FITTINGS)D = NOMINAL DIAMETER OF PIPE (IN.)P = AVERAGE TEST PRESSURE (P.S.I.)2.2.2.B.PLASTIC PIPE (PVC)THE MAXIMUM ALLOWABLE LEAKAGE SHALL BE CALCULATED BY THE EQUATION AS FOLLOWS:L = N(D√P) / 7,400L = MAXIMUM ALLOWABLE LEAKAGE (GAL./HR.)N = NUMBER OF JOINTS IN TESTED LINE (PIPE & FITTINGS)D = NOMINAL DIAMETER OF PIPE (IN.)P = AVERAGE TEST PRESSURE (P.S.I.)2.2.2.C.THE SECOND HYDROSTATIC TEST SHALL BE FOR A 24-HOUR PERIOD AT CITY OPERATING PRESSURE FOR WATERLINES.2.2.2.D.THE SECOND TEST SHALL BE NO LESS THAN 48 HOURS AFTER SUCCESSFUL COMPLETION OF THE FIRST HYDROSTATIC TEST.2.2.2.E.THE MAXIMUM ALLOWABLE LEAKAGE SHALL BE ZERO (0).2.2.3.IF THE PRESSURE SYSTEM FAILS TO MEET THE LEAKAGE REQUIREMENTS, THE CONTRACTOR SHALL MAKE THE REQUIRED REPAIRS TOTHE SYSTEM AND THE SYSTEM SHALL BE RETESTED.2.2.4.THIS PROCEDURE SHALL BE REPEATED UNTIL THE SYSTEM COMPLIES WITH LEAKAGE REQUIREMENTS.2.3.STERILIZATION2.3.1.GENERAL2.3.1.A.WHERE SOIL OR OTHER SUBSTANCES HAVE COME IN CONTACT WITH THE WATER SURFACES OF THE PIPE AND ACCESSORIES, THEINTERIOR SHALL BE WASHED AND STERILIZED WITH A TWO-PERCENT (2%) SOLUTION OF CALCIUM HYPOCHLORITE.2.3.2.TEST2.3.2.A.AFTER PASSING THE HYDROSTATIC TEST, THE NEW LINE SHALL BE SLOWLY FILLED WITH A SOLUTION OF WATER AND ACONCENTRATED CALCIUM HYPOCHLORITE SOLUTION, AND ALLOWED TO STAND FOR 48 HOURS.2.3.2.B.AFTER STERILIZATION PERIOD IS COMPLETED, LINES SHALL BE FLUSHED BY THE CONTRACTOR UNDER THE DIRECT SUPERVISIONOF A REPRESENTATIVE OF THE WATER UTILITY.2.3.2.C.THE CALCIUM HYPOCHLORITE WATER SHALL BE DISPOSED OF BY THE CONTRACTOR IN ACCORDANCE WITH TCEQ REGULATIONS.3.3.3.AFTER FLUSHING OF THE NEW MAIN, THE CONTRACTOR WILL BE REQUIRED TO OBTAIN A SAMPLE AND PERFORM ALL REQUIRED CITYAND TEXAS STATE HEALTH DEPARTMENT PURIFICATION STANDARDS TESTS.3.3.3.A.AFTER A 24 HOUR INCUBATION PERIOD THE RESULTS OF THE BACTERIOLOGICAL TEST SHALL BE OBTAINED.3.3.3.B.IF THE SAMPLE DOES NOT PASS TEXAS STATE HEALTH DEPARTMENT PURIFICATION STANDARDS, THE PROCEDURE SHALL BEREPEATED.3.1.3.C.TWO (2) SERIES OF TEST FAILURES SHALL REQUIRE THE CONTRACTOR TO “PIG” THE SYSTEM BEFORE ANY MORE BACTERIOLOGICALSAMPLES CAN BE COLLECTED.4.1.4.THE ENTIRE PROCEDURE SHALL BE COORDINATED UNDER THE SUPERVISION OF THE WATER SUPERINTENDENT OR DESIGNATEDAGENT AND OWNER REPRESENTATIVE.4.1.5.DURING STERILIZATION PROCESS, VALVES SHALL BE OPERATED ONLY UNDER THE SUPERVISION OF THE WATER SUPERINTENDENT ORDESIGNATED AGENT AND OWNER REPRESENTATIVE.GENERAL TESTING REQUIREMENTS1.THE OWNER WILL SECURE THE SERVICES OF A COMMERCIAL TESTING LABORATORY TO PERFORM CONSTRUCTION MATERIALS TESTING ANDVISUAL INSPECTION SERVICES AS OUTLINED IN THE PROJECT SPECIFICATIONS AND AS LISTED BELOW AND WITHIN THE REQUIREMENTS.1.1.THE CONTRACTOR SHALL PERFORM ALL WORK REQUIRING TESTING IN A MANNER TO MINIMIZE THE QUANTITY OF TESTING REQUIRED.1.1.1.THE OWNER'S REPRESENTATIVE WILL REVIEW ALL TESTS QUANTITIES AGAINST THE ESTIMATED QUANTITY OF TESTING REQUIRED FORTHE PROJECT TO ENSURE TESTING IS PERFORMED AT A RESPONSIBLE RATE.1.2.THE OWNER WILL NOT BE PAYING FOR THE FEES ASSOCIATED WITH RETESTS, CANCELLATION, EXPEDITING, AND FEES DUE TO WAITING FORTHE CONTRACTOR TO PERFORM TESTS, AND TESTS THAT ARE DEEMED EXCESSIVE BY THE OWNER'S REPRESENTATIVE.2.THE CONTRACTOR WILL BE RESPONSIBLE FOR SCHEDULING TESTING.3.MOISTURE-DENSITY CURVES SHALL BE GENERATED FOR EACH TYPE OF SOIL MATERIAL USED ON THE PROJECT.4.IN-PLACE COMPACTION DENSITIES SHALL BE TAKEN AT THE RATE DESCRIBED PER LIFT OF COMPACTED MATERIAL.5.A MINIMUM OF THREE (3) TESTS SHALL BE TAKEN FOR ANY LIFT OF COMPACTED MATERIAL.6.CONCRETE STRENGTH CYLINDERS SHALL BE MADE AT THE RATE DESCRIBED BELOW, HOWEVER, A MINIMUM OF ONE (1) SET OF CYLINDERSSHALL BE MADE FOR ANY CONCRETE PLACED IN ANY DAY.6.1.TEST SHALL BE EVALUATED IN ACCORDANCE WITH ACI 318.7.IF WORKMANSHIP IS FOUND TO BE BELOW THE REQUIREMENTS SET FORTH HEREIN, WITHIN THE DRAWINGS, OR IN THE SPECIFICATIONS AS ARESULT OF TESTING AND/OR VISUAL INSPECTION, THE CONTRACTOR SHALL CORRECT OR REPLACE MATERIALS AT NO ADDITIONAL COST TOTHE OWNER.8.THE CONTRACTOR SHALL COOPERATE AND COORDINATE FULLY WITH THE TESTING LABORATORY AND PROJECT TESTING REQUIREMENTS.9.BELOW IS A GENERAL TESTING SCHEDULE FOR THIS PROJECT AND MAY NOT INDICATE ALL OF THE REQUIRED TESTING WHICH IS REQUIRED BYTHE SPECIFICATIONS, CONTRACTOR SHALL SEE SPECIFICATIONS FOR ADDITIONAL TESTING REQUIREMENTS:9.1.SOILSSTANDARD PROCTOR - TRENCH BACKFILL PER MATERIAL SOURCESTANDARD PROCTOR - SUBGRADE PER STREET PER MATERIAL SOURCEDENSITIES - TRENCH BACKFILL PER 200 LINEAR FEET TRENCH PER LIFTDENSITIES - SUBGRADE (ASPHALT STREET) PER 100 LINEAR FEET PER LANE PER LIFTDENSITIES - SUBGRADE (CONCRETE STREET) PER 200 LINEAR FEET PER LANE PER LIFTDENSITIES - SUBGRADE (DRIVEWAYS) PER 2 DRIVEWAYSDENSITIES - SUBGRADE (SIDEWALK) PER 5,000 SQUARE FEETDENSITIES - BEHIND CURB AND GUTTER PER 200 LINEAR FEET DENSITIES - BUILDING PAD SUBGRADE PER 4,000 SQUARE FEETDENSITIES - BUILDING PAD SELECT FILL PER 4,000 SQUARE FEET PER 12" COMPACTED LIFT9.2.FLEXIBLE BASESIEVE ANALYSIS PER 3,000 CUBIC YARDSATTERBURG LIMITS PER 3,000 CUBIC YARDSMODIFIED PROCTOR PER 3,000 CUBIC YARDSL.A. ABRASION PER 3,000 CUBIC YARDSCBR (STANDARD) PER MATERIAL SOURCEWET BALL MILL TEST PER MATERIAL SOURCETRIAXIAL TEST PER MATERIAL SOURCEDENSITIES OF COMPACTED BASE (ASPHALT STREET) PER 100 LINEAR FEET PER LANE PER LIFTDENSITIES OF COMPACTED BASE (CONCRETE STREET) PER 200 LINEAR FEET PER LANE PER LIFTDENSITIES OF COMPACTED BASE (CURB & GUTTER) PER 200 LINEAR FEET9.3.PAVEMENT9.3.1.HOT-MIX ASPHALT (HMA)EXTRACTION, SIEVE ANALYSIS PER 500 TONS OR IF LESS 1 PER DAYLAB DENSITY & STABILITY PER 500 TONS OR IF LESS 1 PER DAYTHEORETICAL DENSITY (RICE METHOD) PER 500 TONS OR IF LESS 1 PER DAYTEMPERATURE - DURING LAY-DOWN CONTINUOUS AS NEEDEDTHICKNESS - IN PLACE (CORE) PER 1,000 LINEAR FEET OF STREET% AIR VOIDS - IN PLACE (CORE) PER 1,000 LINEAR FEET OF STREET% THEORETICAL DENSITY - IN PLACE (CORE) PER 1,000 LINEAR FEET OF STREET9.3.2.RIGID CONCRETE PAVEMENTCOMPRESSION STRENGTH - 7 DAY AND 28 DAY 1 SET PER 2,500 SQUARE YARDS OR IF LESS 1 SET PER DAYFLEXURAL (BEAM) STRENGTH - 7 DAY AND 28 DAY 1 SET PER 2,500 SQUARE YARDS OR IF LESS 1 SET PER DAYAIR CONTENT 1 SET PER 2,500 SQUARE YARDS OR IF LESS 1 SET PER DAYSLUMP 1 SET PER 2,500 SQUARE YARDS OR IF LESS 1 SET PER DAY9.4.CONCRETESHALL ALL BE UNCONFINED COMPRESSION - 7, 14, AND 28 DAYCURB AND GUTTER / CURB 1 SET PER 500 LINEAR FEET OR LESS PER CURB AND GUTTER / CURBSIDEWALKS AND CURB RAMPS 1 SET PER 4,000 SQUARE FEET OR IF LESS 1 SET PER DAYDRIVEWAYS 1 SET PER 2,500 SQUARE FEET OR IF LESS 1 SET PER DAYCURB, POST AND GRATE INLETS 1 SET PER 6 EACH OR IF LESS 1 SET PER DAYSTORM MANHOLES (CAST-IN-PLACE) 1 SET PER 2 EACH OR IF LESS 1 SET PER DAYBOX CULVERTS (CAST-IN-PLACE) 1 SET PER 100 LINEAR FEET OR LESS FOR EACH BARRELWINGWALLS 1 SET PER EACHRIPRAP, APRONS, AND SAFETY END TREATMENTS (SET's) 1 SET PER 4,000 SQUARE FEETMANHOLE BASE / FOOTING 1 SET PER 10 EACHTRASH DUMPSTER PAD 1 SET PER PADFOUNDATIONS 1 SET PER 50 CUBIC YARDS OR IF LESS 1 SET PER DAY9.5.THE ABOVE TESTING RATES ARE MINIMUM GUIDELINES, THE ENGINEER OR LOCAL ENTITY MAY REQUIRE ADDITIONAL TESTING THEIRDISCRETION. RE-TEST FOR FAILURES ARE NOT INCLUDED.9.6.MOISTURE CONTENTS TO BE INCLUDED WITH DENSITY TEST.9.7.IN THE EVENT OF FAILURES, ADDITIONAL TESTS WILL BE REQUIRED. IF EXCESSIVE RAIN OR DRY PERIOD OCCURS ON A PREVIOUSLY TESTEDSECTION, THE ENGINEER OR LOCAL ENTITY MAY ORDER RE-TESTS AS NECESSARY. GRANGE PARK SUBDIVISION UNIT 3 OFF-SITE PUBLIC IMPROVEMENTSJOB NO.CIVIL STRUCTURAL MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240C050 DRAWN BY: CHK BY: APP BY: SCALE: DATE: R E V I S I O N S DATEAPPRBYDESCRIPTIONNO. MUNOZ ENGINEERING, LLC ©2017 (PRINTED 6/6/2017, M:\Projects\L - Grangefield Development LLC\Grange Park Unit 3\04 - CIVIL\01 - DWG\03 - WW OFF-SITE PACKAGE\C0101 - NOTES, LEGEND, ABBREVIATIONS.dwg) PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 AS NOTED JULY 2020 RR TT TT190138 07/08/2020GENERAL LEGEND & ABBREVIATIONS 811 OR 1-800-344-8377 OR www.texas811.orgGIVE 4 WORKING DAYS (M-F) NOTICEABOVE IMAGE IS FROM www.texas811.org, TEXAS EXCAVATION SAFETY SYSTEM, INC., 11880 GREENVILLE AVENUE, SUITE 120, DALLAS, TEXAS 75243-3568 PH: (972) 231-5497 NOTICE·THE GENERAL CONTRACTOR AND ALL SUBCONTRACTOR(S) WHICH WILL BE PERFORMING ANY WORK INDICATED WITHIN THESE DRAWINGS WILL BESOLELY RESPONSIBLE FOR CONTACTING TEXAS 811, LONE STAR 811, AND OTHER UTILITY LOCATING COMPANIES AS WELL AS ALL LOCAL UTILITIES(WASTEWATER, STORM, WATER, GAS, TRAFFIC, ETC.) BY ALL MEANS POSSIBLEFOR THE LOCATING AND MARKING OF UNDERGROUND AND ABOVE GROUNDUTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION.·DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY AND EXPENSE OFTHE GENERAL CONTRACTOR TO PROVIDE A REMEDY TO THE DAMAGE WITHTHE UTILITY OWNER.1-800-669-8344 OR www.lonestar811.comGIVE 4 WORKING DAYS (M-F) NOTICEABOVE IMAGE IS FROM www.lonestar811.com, LONE STAR 811, 363 N. BELT E., SUITE 1100, HOUSTON, TEXAS 77060 PH: (713) 432-0365GENERAL LEGEND FOR SYMBOLS AND LINES WITHIN THE CONSTRUCTION DRAWINGSTHE FOLLOWING IS A GENERAL LEGEND OF THE SYMBOLS AND LINES THAT MAY BE FOUND WITHIN THE CIVIL PORTION OF CONSTRUCTION DRAWINGS. THE ACTUAL LINE WEIGHT, SIZE, COLOR, AND ACTUAL INFORMATION ON THE LINE MAYDIFFER FROM SHEET TO SHEET. WHEN LINE TYPE HAS NUMERAL(S) WITHIN THE SEQUENCE IT IS INDICATING THE SIZE OF THE ITEM THAT IS BEING REPRESENTED. IF AT ANY POINT THAT AN SYMBOL AND/OR LINE IS NOT CLEAR FORWHAT IT REPRESENTS IT WILL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO REQUEST CLARIFICATION FROM THE OWNER'S REPRESENTATIVE. ALL EXISTING ITEMS ARE APPROXIMATE AND SHALL BE FIELD VERIFIED. A - AREA AC - ACRE AC - ASBESTOS CEMENT ACP - ARCH CONCRETE PIPE ADA - AMERICANS WITH DISABILITIES ACT AE - ACCESS EASEMENT AEP - AMERICAN ELECTRIC POWER At - TOTAL AREA BB - BACK OF CURB TO BACK OF CURB BC - BACK OF CURB BRK - BROKEN BL - BUILDING LINE BM - BENCHMARK BW - BOTH WAYS C - RUNOFF COEFFICIENT CI - CURB INLET CL - CENTERLINE CJ - CONTROL JOINT CO - CLEANOUTCONC - CONCRETE CMP - CORRUGATED METAL PIPECOMM - COMMUNICATION D - DRAINAGE / STORM DBL - DOUBLE DE - DRAINAGE EASEMENT DI - DUCTILE IRON DR - DEED RECORDS DS - DOWN STREAM E - ELECTRICAL ECP - ELLIPTICAL CONCRETE PIPE EE - ELECTRICAL EASEMENT EL - ELEVATION ELEC - ELECTRICAL ELEV - ELEVATION EJ - EXPANSION JOINT EOR - EDGE OF RADIUS EP - EDGE OF PAVEMENT EW - EACH WAY EX - EXISTING EXIST - EXISTING EXP - EXPANSION F - FUTURE FC - FENCE CORNER FD - FOUND FF - FINISHED FLOOR FG - FINISH GRADE FH - FIRE HYDRANT FL - FLOWLINE FM - FORCEMAIN FOC - FIBER OPTIC CABLE FT - FEET G - GAS GB - GRADE BREAK GI - GRATE INLET GT - GUTTER GW - GUY WIRE HDPE - HIGH DENSITY POLYETHYLENE HG - HYDRAULIC GRADE HGL - HYDRAULIC GRADE LINE HP - HIGH POINT HMAC - HOT MIX ASPHALTIC CONCRETE I - INTENSITY IR - IRON ROD LF - LINEAR FEET LOC - LIMITS OF CONSTRUCTION LP - LOW POINT LS - LUMP SUM LT - LEFT MAX - MAXIMUM ME - MATCH EXISTING MH - MANHOLE M.J - MECHANICAL JOINT MIN. - MINIMUM MR - MAP RECORDS NAVD - NORTH AMERICAN VERTICALDATUM NG - NATURAL GROUND NGVD - NATIONAL GEODETIC VERTICALDATUM NO. - NUMBER OC - ON CENTER O.C. - ON CENTER OHE - OVERHEAD ELECTRIC PAVE - PAVEMENT PC - POINT OF CURVATURE PE - PRIVATE EASEMENT PG - PAGE PG - PROPOSED GRADE PI - POINT OF INTERSECTION PL - PROPERTY LINE PP - POWER POLE PRO - PROPOSED PROP - PROPOSED PT - POINT OF TANGENCY PVC - POLYVINYL CHLORIDE Q - FLOW Qt - TOTAL FLOW RC - REINFORCED CONCRETE RCP - REINFORCED CONCRETE PIPE REFL - REFLECTIVE ROW - RIGHT-OF-WAY R.O.W. - RIGHT-OF-WAY RT - RIGHT S - SLOPE S - SANITARY / WASTEWATER SAN - SANITARY / WASTEWATER SS - SANITARY / WASTEWATER SD - SOLID SE - SANITARY EASEMENT SF - SQUARE FEET ST - STORM STA - STATION STRM - STORM STM - STORM SW - SIDEWALK SY - SQUARE YARDS T - TELEPHONE TC - TOP OF CURB TDLR - TEXAS DEPARTMENT OFLICENSING AND REGULATION TEL - TELEPHONE TG - TOP OF GRATE TP - TOP OF PAVEMENT TRW - TOP OF RETAINING WALL TS - TOP OF SLOPE TW - TOP OF WALK TxDOT - TEXAS DEPARTMENT OFTRANSPORTATION TY - TYPE TYP - TYPICAL TV - TELEVISION UE - UTILITY EASEMENT US - UP STREAM VG - VALLEY GUTTER VOL - VOLUME W - WATER W - WHITE WE - WATER EASEMENT WHT - WHITE WL - WATER LINE WTR - WATER WV - WATER VALVE Y - YELLOW YLW - YELLOW YR - YARD REQUIREMENTIRON ROD FOUNDCALCULATED POINT60D NAIL REFERENCE POINTCHISELED "X" IN CONCRETESET 5/8” DIAMETER BY 2 FEET LONG IRON ROD WITH A REDPLASTIC CAP STAMPED “NAISMITH ENG. C.C., TX”BLOCK IDENTIFICATIONSTORMWATER / DRAINAGE FLOW DIRECTION - EXISTINGSTORMWATER / DRAINAGE FLOW DIRECTION - PROPOSEDCURB INLET PROTECTION BARRIER - CIPBMANHOLE / GRATE INLET PROTECTION BARRIER - MGPBSTABILIZED CONSTRUCTION ENTRANCE / EXIT - SCEEGRAVEL SURFACE - EXISTINGGRAVEL SURFACE - PROPOSEDHMAC SURFACE - EXISTINGHMAC SURFACE - PROPOSEDCONCRETE SURFACE - EXISTINGCONCRETE SURFACE - PROPOSEDCURB AND GUTTER - EXISTINGCURB AND GUTTER - PROPOSEDSIDEWALK / HIKE AND BIKE WAY - EXISTINGSIDEWALK / HIKE AND BIKE WAY - PROPOSEDADA CURB RAMP - EXISTINGADA COMPLIANT CURB RAMP - PROPOSED (FIELD VERIFY)TRAFFIC SIGN - EXISTINGTRAFFIC SIGN - PROPOSEDGAS UTILITY - EXISTING METERGAS UTILITY - PROPOSED METERGAS UTILITY - EXISTING MARKERGAS UTILITY - PROPOSED MARKERELECTRICAL UTILITY - EXISTING POWER POLEELECTRICAL UTILITY - PROPOSED POWER POLEELECTRICAL UTILITY - EXISTING GUY WIRE TERMINATIONELECTRICAL UTILITY - PROPOSED GUY WIRE TERMINATIONELECTRICAL UTILITY - EXISTING TRANSFORMERELECTRICAL UTILITY - PROPOSED TRANSFORMERELECTRICAL UTILITY - EXISTING PEDESTALELECTRICAL UTILITY - PROPOSED PEDESTALELECTRICAL UTILITY - EXISTING LIGHTELECTRICAL UTILITY - PROPOSED LIGHTELECTRICAL UTILITY - EXISTING MARKERELECTRICAL UTILITY - PROPOSED MARKERCOMM UTILITY - EXISTING TELEPHONE RISERCOMM UTILITY - EXISTING TELEPHONE MARKERCOMM UTILITY - EXISTING FIBER OPTIC MARKERCOMM UTILITY - PROPOSED FIBER OPTIC MARKERCOMM UTILITY - EXISTING TELEVISION RISERCOMM UTILITY - EXISTING TELEVISION MARKEROTHER UTILITY - EXISTING UNKNOWN MARKERPIPELINE - EXISTING PIPELINE MARKERPIPELINE - PROPOSED PIPELINE MARKERWASTEWATER UTILITY - EXISTING PIPEWASTEWATER UTILITY - PROPOSED PIPEWASTEWATER UTILITY - FUTURE PIPEWASTEWATER UTILITY - EXISTING FORCEMAINWASTEWATER UTILITY - PROPOSED FORCEMAINWASTEWATER UTILITY - EXISTING SERVICE CONNECTIONWASTEWATER UTILITY - PROPOSED SERVICE CONNECTIONSTORM WATER UTILITY - EXISTING GENERAL PIPESTORM WATER UTILITY - PROPOSED GENERAL PIPESTORM WATER UTILITY - FUTURE GENERAL PIPESTORM WATER UTILITY - EXISTING CONCRETE BOXSTORM WATER UTILITY - PROPOSED CONCRETE BOXSTORM WATER UTILITY - EXISTING CONCRETE BOX SIZESTORM WATER UTILITY - PROPOSED CONCRETE BOX SIZESTORM WATER UTILITY - EXISTING CMP PIPESTORM WATER UTILITY - PROPOSED CMP PIPESTORM WATER UTILITY - EXISTING HDPE PIPESTORM WATER UTILITY - PROPOSED HDPE PIPESTORM WATER UTILITY - EXISTING HP PIPESTORM WATER UTILITY - PROPOSED HP PIPESTORM WATER UTILITY - EXISTING PVC PIPESTORM WATER UTILITY - PROPOSED PVC PIPESTORM WATER UTILITY - EXISTING RCP PIPESTORM WATER UTILITY - PROPOSED RCP PIPESTORM WATER UTILITY - EXISTING DITCH CENTERLINESTORM WATER UTILITY - PROPOSED DITCH CENTERLINEWATER UTILITY - EXISTING GENERAL PIPEWATER UTILITY - PROPOSED GENERAL PIPEWATER UTILITY - FUTURE GENERAL PIPEWATER UTILITY - EXISTING ASBESTOS COATED PIPEWATER UTILITY - EXISTING PVC PIPEWATER UTILITY - PROPOSED PVC PIPEWATER UTILITY - EXISTING SERVICE CONNECTIONWATER UTILITY - PROPOSED SERVICE CONNECTIONWATER UTILITY - EXISTING REUSEWATER UTILITY - PROPOSED REUSEWATER UTILITY - FUTURE REUSEGAS UTILITY - EXISTING GASGAS UTILITY - PROPOSED GASELECTRICAL UTILITY - EXISTING GENERAL LINEELECTRICAL UTILITY - PROPOSED GENERAL LINEELECTRICAL UTILITY - FUTURE GENERAL LINEELECTRICAL UTILITY - EXISTING OVERHEAD LINEELECTRICAL UTILITY - PROPOSED OVERHEAD LINEELECTRICAL UTILITY - EXISTING UNDERGROUND LINEELECTRICAL UTILITY - PROPOSED UNDERGROUND LINEELECTRICAL UTILITY - EXISTING GUY WIREELECTRICAL UTILITY - PROPOSED GUY WIRECOMM UTILITY - EXISTING TELEPHONE GENERALCOMM UTILITY - PROPOSED TELEPHONE GENERALCOMM UTILITY - EXISTING OVERHEAD TELEPHONECOMM UTILITY - PROPOSED OVERHEAD TELEPHONECOMM UTILITY - EXISTING UNDERGROUND TELEPHONECOMM UTILITY - PROPOSED UNDERGROUND TELEPHONECOMM UTILITY - EXISTING FIBEROPTICCOMM UTILITY - PROPOSED FIBEROPTICCOMM UTILITY - EXISTING OVERHEAD FIBEROPTICCOMM UTILITY - PROPOSED OVERHEAD FIBEROPTICCOMM UTILITY - EXISTING UNDERGROUND FIBEROPTICCOMM UTILITY - PROPOSED UNDERGROUND FIBEROPTICCOMM UTILITY - EXISTING OVERHEAD TELEVISIONCOMM UTILITY - PROPOSED OVERHEAD TELEVISIONCOMM UTILITY - EXISTING UNDERGROUND TELEVISIONCOMM UTILITY - PROPOSED UNDERGROUND TELEVISIONOTHER UTILITY- OVERHEAD UNKNOWN CABLE / PIPEOTHER UTILITY - UNDERGROUND UNKNOWN CABLE / PIPEPIPELINE - EXISTING PIPELINE (SEE DRAWINGS FOR INFO.)ABBREVIATION DEFINITIONSTHE FOLLOWING IS A GENERAL ABBREVIATION DEFINITION OF THE INFORMATION THAT MAY BE COMMONLY FOUND WITHIN THE CIVIL PORTION OF CONSTRUCTION DRAWINGS. IN SOME CASES A ABBREVIATION MAY HAVE MULTIPLE DEFINITIONS AND/OR IF AT ANY POINT THAT AN ABBREVIATION IS NOTCLEAR FOR WHAT IT REPRESENTS IT WILL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO REQUEST CLARIFICATION FROM THE OWNER'S REPRESENTATIVE.F REREE REWSE WSW PVCE W PVCE AC WF WWE WRCP STE RCP STE PVC STE HP STHDPE STE HDPE STCMP STSTE BOX STBOX STWVWVDYHWFWFDYHDDDDDDDDDDWASTEWATER UTILITY - EXISTING MANHOLEWASTEWATER UTILITY - PROPOSED MANHOLEWASTEWATER UTILITY - EXISTING SINGLE SERVICE CONNECTIONWASTEWATER UTILITY - PROPOSED SINGLE SERVICE CONNECTIONWASTEWATER UTILITY - EXISTING DOUBLE SERVICE CONNECTIONWASTEWATER UTILITY - PROPOSED DOUBLE SERVICE CONNECTIONWASTEWATER UTILITY - EXISTING CLEAN OUTWASTEWATER UTILITY - PROPOSED CLEAN OUTWASTEWATER UTILITY - EXISTING PIPE MARKERWASTEWATER UTILITY - PROPOSED PIPE MARKERWASTEWATER UTILITY - EXISTING FOCEMAIN MARKERWASTEWATER UTILITY - PROPOSED FORCEMAIN MARKERSTORM WATER UTILITY - EXISTING CURB INLETSTORM WATER UTILITY - PROPOSED CURB INLETSTORM WATER UTILITY - EXISTING GRATE INLETSTORM WATER UTILITY - PROPOSED GRATE INLETSTORM WATER UTILITY - EXISTING POST INLETSTORM WATER UTILITY - PROPOSED POST INLETSTORM WATER UTILITY - EXISTING MANHOLESTORM WATER UTILITY - PROPOSED MANHOLESTORM WATER UTILITY - EXISTING JUNCTION BOXSTORM WATER UTILITY - PROPOSED JUNCTION BOXSTORM WATER UTILITY - EXISTING OUTFALL / OPEN ENDSTORM WATER UTILITY - PROPOSED OUTFALL / OPEN ENDSTORM WATER UTILITY - EXISTING MARKERSTORM WATER UTILITY - PROPOSED MARKERWATER UTILITY - EXISTING VALVEWATER UTILITY - PROPOSED VALVEWATER UTILITY - EXISTING FITTINGWATER UTILITY - PROPOSED FITTINGWATER UTILITY - EXISTING FIRE HYDRANTWATER UTILITY - PROPOSED FIRE HYDRANTWATER UTILITY - EXISTING SINGLE SERVICE CONNECTIONWATER UTILITY - PROPOSED SINGLE SERVICE CONNECTIONWATER UTILITY - EXISTING DOUBLE SERVICE CONNECTIONWATER UTILITY - PROPOSED DOUBLE SERVICE CONNECTIONWATER UTILITY - EXISTING MARKERWATER UTILITY - PROPOSED MARKERLIMITS OF CONSTRUCTION (LOC)PROPERTY BOUNDARY LINEADJACENT BOUNDARY LINEPROPERTY LINEADJACENT PROPERTY LINEROAD CENTER LINEYARD REQUIREMENTEASEMENTFENCE - EXISTING (SEE DRAWING NOTE)FENCE - PROPOSED (SEE DRAWING NOTE)PROPOSED FIBER FILTRATION TUBE - FFTPROPOSED REINFORCED FILTER FABRIC FENCE - RFFFROCK FILTER - RFPROPOSED STRAW BALE - SBPROPOSED STRAW BALE FENCE - SBFELEVATION - EXISTINGELEVATION CONTOUR - EXISTINGELEVATION CONTOUR - PROPOSEDDRAINAGE BASIN - EXISTING BASINDRAINAGE BASIN - EXISTING SUB-BASINDRAINAGE BASIN - PROPOSED BASINDRAINAGE BASIN - PROPOSED SUB-BASINSSC.O.C.O.F SSSSE SSF SSPVC STX RFFF XFFTFFTSBSBSBFSBFRFRFEBESBPBPSBF SSE STE #'x#' ST#'x#' STE CMP STHP STSSSE SSSF STESSEDDEWWEFMFMLOCDCLE DCLFOCE FOCUGTE UGFOCOHFOCE OHFOCUGFOCE UGTVOHTVE OHTVOHUKE PIPELINEUGTVUGUKE TGE UGTOHTE OHTUGEE UGEOHEE GEGWE EGWE OHEF EEE ETXXX PP PPEEEELPLPEEEEGGGG00SCEEMGPBCIPBFCEFCETETVEPPEUK 50' LINEAR PARK22212023193334242526355150494824'' HP ST DDD 10'' SS10'' SS10'' SSDYHWVWV 10'' SS10'' SS10'' SS10'' SS 10'' SS 10'' SS 10'' SS 12'' SSSSSWWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWWSWWSWWS WWSWWSWWSWWSWWSWWSWWSWWS 30'' HP ST6'' W6'' W6'' W6'' W 6'' W8'' SS 8'' SS 8'' SS SWASTEWATER UTILITY PLAN 0SCALE: 1" = 40'8040NADIA DRIVE SOPHIA DRIVECHANNEL 31EXISTING DITCHCITY OF CORPUS CHRISTIGRANGE PARK SUBDIVISION UNIT 3 OFF-SITE PUBLIC IMPROVEMENTSJOB NO.CIVIL STRUCTURAL MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240CU110 DRAWN BY: CHK BY: APP BY: SCALE: DATE: R E V I S I O N S DATEAPPRBYDESCRIPTIONNO. MUNOZ ENGINEERING, LLC ©2017 (PRINTED 6/6/2017, M:\Projects\L - Grangefield Development LLC\Grange Park Unit 3\04 - CIVIL\01 - DWG\03 - WW OFF-SITE PACKAGE\CU110 - WASTEWATER UTILITY PLAN.dwg) PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 AS NOTED JULY 2020 RR TT TT190138 07/08/2020EXIST TOP OF CHANNEL 31ESTIMATED QUANTITIES - WASTEWATER UTILITY PLANNOTE: QUANTITIES ARE APPROXIMATE AND NOT ALL REQUIRED MATERIALS MAY BE INDICATED, CONTRACTOR IS TOCONFIRM ALL QUANTITIES AND PROVIDE ALL MATERIALS REQUIRED TO COMPLETE WORK.ESTIMATEDUNIT OF DESCRIPTION QUANTITYMEASUREMENT8" WASTEWATER LINE40LF10" WASTEWATER LINE814LF12" WASTEWATER LINE163LFWASTEWATER MANHOLE03EAFOR MORE INFORMATION REFER TO GRANGE PARK UNIT 3CONSTRUCTION DRAWINGS (SEPARATE PACKAGE)FUTURE POTENTIAL LOTLINES15' UTILITY EASEMENT (BYSEPARATE INSTRUMENT) WW A06 WW A05 WW A04 WW A07 WW E01 STUB OUT WW A07 WW A08GRANGE PARK SUBDIVISION UNIT 3 OFF-SITE PUBLIC IMPROVEMENTSJOB NO.CIVIL STRUCTURAL MARINE TOPOGRAPHIC SURVEYING TBPE FIRM No. F-12240CU200 DRAWN BY: CHK BY: APP BY: SCALE: DATE: R E V I S I O N S DATEAPPRBYDESCRIPTIONNO. MUNOZ ENGINEERING, LLC ©2017 (PRINTED 6/6/2017, M:\Projects\L - Grangefield Development LLC\Grange Park Unit 3\04 - CIVIL\01 - DWG\03 - WW OFF-SITE PACKAGE\CU200 - PROFILES.dwg) PHONE: 361-946-4848 1608 S. BROWNLEE BOULEVARD CORPUS CHRISTI, TEXAS 78404 AS NOTED JULY 2020 RR TT TT190138 07/08/2020WASTEWATER UTILITY PROFILEPROJECT NOTES:PROFILE HORIZ SCALE: 1" = 20'PROFILE VERT SCALE: 1"=5'SOPHIA DRIVE WASTEWATER PROFILEALIGNMENT B WASTEWATER PROFILEPROPOSED 10" WASTEWATER LINE TO TIE-INTOPROPOSED 10" WASTEWATER LINEWW A06WW A08WW A07ALIGNMENT C WASTEWATER PROFILETIE TO EXISTING WASTEWATER LINE(FIELD VERIFY ELEVATION PRIOR TOCOMMENCING ANY CONSTRUCTION)EXISTING WASTEWATER LINEWW D01 STUB OUT(REQUIRES DROP CONNECTION TO INV IN: -1.60)WW C01 STUB OUT(REQUIRES DROP CONNECTION TO INV IN: -1.00)WW B01 STUB OUT(REQUIRES DROP CONNECTION TO INV IN: -1.00)WW D01 STUB OUT(REQUIRES DROP CONNECTION TO INV IN: -1.60)WW E01 STUB OUT(REQUIRES DROP CONNECTION TO INV IN: -2.80) Exhibit 4 Exhibit 5 Reimbursement Agreement with Grangefield Development, LLC Reimbursement Agreement October 13, 2020 2 Location Map 3 Project Map Grange Park Unit 3 WW Collection Line 4 Trust Fund Balance Available Combined Trust Funds Balance as of 8/31/20 as reported by Finance is: $ 1,051,899.27 Individual Trust Fund balance break down: Water Arterial Transmission & Grid Main Trust Water Distribution Main Trust Sanitary Sewer Trunk System Trust Sanitary Sewer Collection Line Trust $684,139.70 $44,243.97 $264,394.17 $59,121.43 5 Recommendation Approval The reimbursement agreement is in accordance with UDC Section 8.5.2 Wastewater Trust Fund. The applicant has paid the required processing fee for the reimbursement agreement. 6 Wastewater Master Plan 7 Preliminary Plat AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 13, 2020 Second Reading Ordinance for the City Council Meeting of October 20, 2020 DATE: September 11, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 361-886-2603 CAPTION: Ordinance authorizing acceptance of a grant from the State of Texas, Department of Transportation for the FY 2021 Click It or Ticket Program for the Corpus Christi Police Department in an amount of $15,000.00 with a City cash match of $4,266.85 for overtime and fringe benefits with funding available from the General Fund; and appropriating $15,000.00 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of funds from the State of Texas, Department of Transportation to be used for overtime for sworn officers. The City must apply for these funds each year. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) has been awarded funding from the State of Texas, Department of Transportation (TXDOT) for the Click It or Ticket (CIOT) program. The CIOT grant funds allow CCPD to conduct overtime occupant protection (seat belts and child safety seats) enforcement efforts during the Thanksgiving holiday, from November 13, 2020 – December 2, 2020. The Thanksgiving holiday is the statewide TXDOT CIOT campaign period for 2020. The program is to increase seat belt and child safety seat use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during the Thanksgiving holiday. Officers will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant is to increase safety belt use among drivers and front seat passengers as well as reduce the number of crashes where seat belts and child safety seats were not being used. The State provides $15,000.00 for overtime and the City provides a cash match of $4,266.85 for fringe benefits. Accepting and Appropriating the FY2021 Click It or Ticket Grant Award for the Police Department The City of Corpus Christi has received CIOT grants since 2002. The previous CIOT grant was awarded for the 2019 Memorial Day holiday. The City received funding in amount of $17,987.36 and CCPD issued 353 citations for seat belts, child safety seats, and distracted driving violations. ALTERNATIVES: If the grant is not accepted, the Police Department will have less funding available for enforcement of occupant protection. FISCAL IMPACT: The fiscal impact for FY 2021 is accepting and appropriating an amount of $15,000.00 to the Police Grants Fund. Additionally, the City will provide a cash match of $4,266.85 for sworn officers’ benefits on overtime with funding available from the General Fund. Funding Detail: Fund: 1020 General Fund Organization/Activity: Uniform Division 11740 Project # (CIP Only): Account: 511000 RECOMMENDATION: Staff recommends accepting and appropriating the item. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award document Ordinance authorizing acceptance of a grant from the State of Texas, Department of Transportation for the FY2021 Click It or Ticket program for the Police Department in an amount of $15,000.00 with a City Cash match of $4,266.85 for overtime and fringe benefits with funding available from the General Fund; and appropriating $15,000 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Department of Transportation for the FY2021 Click It or Ticket program for the Police Department in an amount of $15,000.00 with a City Cash match of $4,266.85 for overtime and fringe benefits with funding available from the General Fund. SECTION 2. That $15,000 from the State of Texas, Department of Transportation is appropriated in the No. 1061 Police Grants Fund for the FY2021 Click it or Ticket Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca L. Huerta Joe McComb City Secretary Mayor DATE: October 13, 2020 TO: Peter Zanoni, City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1919 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Ordinance authorizing a three-year service agreement for wrecker services for City- owned heavy vehicles and equipment with, DRR & RS Inc., dba Apollo Towing Service, which is determined to be the lowest responsible bidder, for an amount not to exceed $165,000.00, to be used for towing services, effective upon issuance of notice to proceed, with funding available in the FY 2021 Fleet Maintenance Fund. SUMMARY: This service agreement will provide towing services of City heavy vehicles and equipment to the City Garage or to other facilities as directed by authorized City personnel . BACKGROUND AND FINDINGS: The City of Corpus Christi currently has an operational requirement to tow heavy vehicles and equipment above 19,000 pounds, GVWR. This consists of such vehicles as, refuse trucks, dump trucks, ambulances, fire engines, and self -propelled construction equipment. These vehicles are in excess of 19,000 pounds. Occasionally, vehicles will break down on the road requiring wrecker and towing services b oth inside and outside the Corpus Christi City limits. Expertise and specialized equipment are required for the towing of City- owned heavy equipment such as dump trucks, garbage trucks and vacuum truck. The towing company will be towing City vehicles and equipment to and from the City Garage or to the facilities or locations as directed by authorized City maintenance personnel. Wrecker Services for City-Owned Heavy Vehicles and Equipment Above 19,000 Pounds AGENDA MEMORANDUM First Reading for the City Council Meeting of October 13, 2020 Second Reading for the City Council Meeting of October 20, 2020 The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for a new contract. The City received three bids. The lowest bidder was deemed non-responsible as they did not have the equipment required to provide the services, therefore staff is recommending the award to DRR & RS Inc. dba Apollo Towing Service as the lowest responsive responsible bidder. DRR & RS Inc. dba Apollo Towing Service is also the vendor currently under contract for these services. ALTERNATIVES: If not approved the towing requirement would be awarded to individual vendors on a piecemeal basis whereas a vendor would be selected to accomplish towing one piece of equipment at a time. We anticipate this procedure would be considerably more expensive to the City in that advantages and price savings associated with competitive bidding would not apply. FISCAL IMPACT: The fiscal impact for the Fleet Maintenance Department in FY 2021 will be $55,000 for wrecker services, with the remaining cost funded in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Fund Organization/Activity: 40170 Fleet Operations Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this ordinance authorizing the service agreement for wrecker/towing services with DRR & RS Inc. dba Apollo Towing Service as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Bid Tabulation Service Agreement Page 1 of 2 Ordinance authorizing a three-year service agreement for wrecker services for City- owned heavy vehicles and equipment with, DRR & RS Inc., dba Apollo Towing Service, which is determined to be the lowest responsible bidder, for an amount not to exceed $165,000.00, to be used for towing services, effective upon issuance of notice to proceed, with funding available in the FY 2021 Fleet Maintenance Fund. WHEREAS, the City solicited bids through Request for Bids No. 3070 (“RFB 3070”) for a three-year service agreement for towing services of City-owned vehicles and equipment; and WHEREAS, City staff inspected the wreckers of the apparent low bidder, CC Wrecker, LLC, and determined that the company did not have a Category 4 wrecker that met all of the requirements of Section 4.2(M) of RFB 3070; and WHEREAS, the apparent low bidder, CC Wrecker, LLC, only has one heavy-duty wrecker permitted by the Texas Department of Licensing and Regulation, which does not comply with the requirement in Section 4.2(M) of RFB 3070 to have no less than two wreckers permitted by the Texas Department of Licensing and Regulation that are capable of towing heavy equipment; and WHEREAS, the apparent low bidder on RFB 3070, CC Wrecker, LLC, failed to mee t the minimum requirements of the bid in that the company did not have the required equipment to tow the City’s heavy vehicles and equipment; and WHEREAS, the bid submitted by the apparent low bidder, CC Wrecker, LLC, is not responsive in that it failed to meet the minimum requirements of the bid; and WHEREAS, CC Wrecker, LLC, is not a responsible bidder in that it cannot reliably provide the requested services as it does not have the required equipment to tow the City’s heavy vehicles and equipment. Now , therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. SECTION 2. The apparent low bid submitted by CC Wrecker LLC is not responsible. The City Council declares that the lowest responsible bid was submitted by DRR & RS Inc., dba Apollo Towing Service. SECTION 3. The City Manager or designee is authorized to execute a three-year service agreement for wrecker services for City-owned heavy vehicles and equipment with DRR & RS Inc., dba Apollo Towing Service of Corpus Christi, Texas, as the lowest responsible bidder, for an amount not to exceed $165,000.00. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Category 3 - 19,001- 34,000 GVWR 1 Zone 1 Tow EA 450 230.00$ 103,500.00$ 250.00$ 112,500.00$ 2 Zone 2 Toe EA 300 230.00$ 69,000.00$ 250.00$ 75,000.00$ -$ 3 Zone 3 Tow EA 300 230.00$ 69,000.00$ 220.00$ 66,000.00$ -$ 4 Mud Pulls EA 240 -$ -$ 200.00$ 48,000.00$ -$ Category 4 - 34,001 + GVWR 6 Zone 1 Tow EA 300 395.00$ 118,500.00$ 285.00$ 85,500.00$ -$ 5 Zone 2 Toe EA 300 395.00$ 118,500.00$ 285.00$ 85,500.00$ -$ 7 Zone 3 Tow EA 300 395.00$ 118,500.00$ 225.00$ 67,500.00$ -$ 8 Mud Pulls EA 240 -$ -$ 275.00$ 66,000.00$ -$ Jump Start 9 Zone 1 Tow EA 120 -$ -$ -$ -$ -$ 10 Zone 2 Toe EA 315 -$ -$ -$ -$ -$ 11 Zone 3 Tow EA 15 -$ -$ -$ -$ -$ Dolly Use 12 Zone 1 Tow EA 30 -$ -$ -$ -$ -$ -$ 13 Zone 2 Toe EA 15 -$ -$ -$ -$ -$ -$ 14 Zone 3 Tow EA 6 -$ -$ -$ -$ -$ -$ 15 Extra Mileage EA 2000 -$ -$ -$ -$ -$ Total 597,000.00$ 606,000.00$ -$ *CC Wrecker did not meet specs, their equipment is not able to handle our large and heavy vehicles and equipment. *CC Wrecker Service, LLC Corpus Christi, Texas Morgan Towing Inc - DBA Texas Wrecker Service Corpus Christi, Texas DRR&RS Inc. - DBA Apollo Towing Service Corpus Christi, Texas City of Corpus Christi Contracts and Procurement Department Senior Buyer : Cynthia Perez This bid was used to determine the lowest bidder and is not reflective of the contract value which is based on the budgeted need. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 3070 Wrecker Services for City Owned Vehicles and Equipment THIS Wrecker Services for City Owned Vehicles and Equipment Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and DRR & RS Inc., dba Apollo Towing Service (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Wrecker Services for City Owned Vehicles and Equipment in response to Request for Bid/Proposal No. 3070 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Wrecker Services for City Owned Vehicles and Equipment (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $165,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Erlinda Klubertanz Department: Fleet Maintenance Phone: (361) 826-1903 Email: Erlinda@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Erlinda Klubertanz Title: Operations Manager Address: 5352 Ayers, Corpus Christi, Texas 78415 Phone: (361) 826-1903 Fax: (361) 826-4394 IF TO CONTRACTOR: DRR & RS Inc. - dba Apollo Towing Service Attn: Michael L. Staff DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 Title: Vice-President Address: 6318 Harwick, Corpus Christi, Texas 78417 Phone:(361) 853-0003 Fax:(361) 854-0387 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20.Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23.Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3070 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Vice President 9/28/2020 Michael L. Staff Revised 02.21.20 Attachment A- Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide wrecker services for City vehicles and equipment as outlined in this Scope of Work. 1.2 Scope of Work A. The Contractor shall tow City vehicles and equipment to and from City Garage or to other facilities or locations as directed by authorized City personnel. B. The Contractor shall extract vehicles or equipment from ditches, mud, or other inaccessible areas. Equipment such as rotators are required to ensure damage free recovery from the most challenging conditions, efficiently and reliably. C. The Contractor shall perform tasks necessary to tow or deliver a vehicle. 1.Disconnect drive shaft, when being towed on drive wheels, or 2.Remove axles, when being towed on drive wheels, or 3.Use dolly when necessary or when (1) or (2) above cannot be completed. 4.Release air brakes for vehicles equipped with air brakes as necessary. 5.Secure drive shafting or muffler, etc., as necessary. 6.Attach magnetic lights (i.e. stop, tail and turn) at rear of vehicle being towed. 7.Large vehicles such as refuse trucks, vacuum trucks and fire trucks shall be towed from the front axle only. Front mounted PTOs will be protected on this type of vehicles. There shall be no bumper pulls. D. The Contractor shall provide all necessary equipment, attachments, or tools to perform services. E. The Contractor shall jump start vehicles and equipment. F. Towing and wrecker services will be required both inside and outside the Corpus Christi city limits. G. Wrecker and towing services shall be available 24 hours per day, several days per week to include holidays. H. The City shall have the right to use other wrecker companies listed on the Police Department’s rotation schedule. The determination to use other wreck DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Revised 02.21.20 companies for emergency equipment shall remain at the sole discretion of the City. I. No cancellation fee will be allowed for cancellations either before or after equipment has been dispatched. J. Wreckers will be equipped with two-way radios. This is to provide information to the City Garage or Police Department through the Contractor’s dispatcher concerning tow cancellations or problems encountered at tow site. K. The Contractor must comply with all local, state and federal laws and regulations pertaining to towing of vehicles. L. The awarded Contractor will be prepared to fully perform the duties and responsibilities of the contract immediately upon commencement of the contract; i.e. Contractor must have on hand and operational all required equipment necessary to perform the requirements of this contract at the beginning of the contract. M. The contractor must have no less than two wreckers permitted by the Texas Department of Licensing and Regulation to conduct Group 2, Category 3 and 4 tows. For Category 3, wreckers will have a manufacturers GVWR of not less than 53,000 lbs. and wrecker must be equipped with two hydraulic 25,000 lb. winches, minimum of 5/8 wire rope size and 200 ft. of wire rope length. Winch, under lift and boom must be factory rated. A hydraulic under lift is mandatory and shall be of three – stage design with a factory rated capacity of not less than 35,000 pounds extended to 46 inches. For Category 4, wreckers must have a manufacturers GVWR of not less than 68,000 lbs., 14,600 lbs. minimum front axle weight rating and 46,000 lbs. minimum rear axle weight rating. Wrecker must be equipped with two 35,000 lb. capacity winches, minimum ¾ inch wire rope size, and minimum 200 ft. wire rope length. The wrecker will have a 2-stage boom, 70,000 lb. minimum lifting capacity retracted and an 18,000 lb. minimum lifting capacity with boom fully extended. Boom must reach to 120 inches fully extended. The tow truck will have an under lift, 55,000 lb. retracted and 16,000 lb. minimum lifting capacity extended to 144 inches. All Category 4 tows, the towed vehicles will have air attached to operate the spring and service brakes while being towed, where air brake system is operable. DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Revised 02.21.20 1.3 Categories A. Categories shall consist of category 3 and 4 vehicles. The Contractor must be capable of performing all tasks spelled out or implied by the below specifications for each category of vehicles. 1.Category 3 shall include but not limited to 20-yard garbage trucks, dump trucks, brush trucks, flatbed trucks, and other vehicles within a range from 19,001 GVWR to 34,000 GVWR. 2.Category 4 shall include but not limited to tandem axle 25-yard garbage trucks, dump trucks, self-propelled construction equipment, excavators, vactor trucks, and all vehicles over 34,001 GVWR. Various types of fire trucks and ambulances, approximate weight of some vehicles is 82,000 pounds. Should a conflict occur concerning category of vehicle, the vehicles GVWR rating will be the deciding factor. Extra charges for loaded vehicles will not be permitted. 1.4 Work Zone/Response Time A. Work Zones will be circular in nature and will have the center located at the City Garage, City Service Center, at 5352 Ayers. Distances used to describe the zones shall be a radius originating at the City Garage. (See Exhibit A) Zone 1 – Shall be in a six-mile radius from the City Garage and will include the Convention Center, City Transit, Police Department, Municipal Airport, Cuddihy Airfield, Bill Witt Park, and the south portion of the Port of Corpus Christi. Zone 2 – Shall be from the outside perimeter of Zone 1 and have an outside radius measured from the City Garage of 10.5 miles or an increased radius of 4.5 miles and will include all of Flour Bluff with the Naval Air Station and as far south as Whiteley Street. Zone 3 – Shall be from the outside perimeter of Zone 2 and shall include all of Padre Island bounded on the north by Mustang Island State Park and on the south by the Nueces/Kleberg County lines and will include the remainder of the City that is in the Corpus Christi city limits to include the Calallen area. 1.Outside of Zone 3 Extra Mileage Charges: The City will allow extra mileage charges for tows that originate outside Zone 3.This extra mileage charge shall apply to extra mileage charges necessitated by deviation of route to sanitary landfill or other location prior to delivery to City Garage or change of destination of the tow. DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Revised 02.21.20 2.Estimated activity by zone and category is furnished for contractor’s information. Estimates of activity are based on actual number of calls by category and zone for a 12-month period. B. Response Time: The Contractor will be required to respond to City calls (Police and Fire Department dispatchers and the City Garage) within a reasonable time. Reasonable time is generally determined to be 30 minutes in Zone 1, 40 minutes in Zone 2, and 60 minutes in Zone 3. In the event the Contractor does not respond in reasonable time, the City shall reserve the right to arrange for services from another wrecker company and charge back the difference to the Contractor. However, the City’s right to use other wrecker companies for emergency equipment shall take precedence over the normal response time requirement. Conditions and situations which require the City to use other wrecker companies for emergency equipment, in lieu of the normal response time, will not be charged back to the Contractor. Frequent unreasonable delays causing excessive downtime for City equipment, shall be a cause for contract termination. 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.6 Administrative Requirements A. All bills, tickets, or invoices shall be professionally printed on prepared forms and contain the company’s name and a sequential invoice numbering system. B. The following information will be required on each of the invoice/bills prior to submission for processing and payment. 1.City unit number 2.License plate number 3.Date of tow/service 4.Name and signature of police officer or City employee 5.City Garage’s purchase order number. Purchase order number will be secured from City Garage after completion of tow. For tows after working hours, holidays, or weekends, purchase orders will be secured the next working day. 6.Will state basis of billings, i.e. Zone 1, Category 1, etc., (See Paragraph 4 for zone and category designation. 7.Pickup and delivery point – explanation of added charges. DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Revised 02.21.20 C. Invoicing billing procedures: Payment of invoices is 30 days from invoice date. Invoices will be prepared and delivered to the City Garage at time of service. In cases where service was performed on a holiday or after hours, the invoice/bill will be delivered the following working day. D. Vehicles delivered after working hours or holidays 1.Will be parked at the City Garage in designated parking slots. In no case will vehicles be left in driveways. 2.Vehicle will be locked, and windows rolled up. 3.Vehicle’s key will be placed in the slot provided in the front door of the City Garage marked, “Wrecker Keys”. DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Attachment B- Bid/Pricing ScheduleDocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 This bid was used to determine the lowest bidder and is not reflective of the contract value which is based on the budgeted need. DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Attachment C- Insurance Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Cargo/On Hook Towing Coverage $1,000,000 DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit General Wrecker Services Contractors 04/13/2020 Risk Management – Legal Dept. Revised 6/29/2020 DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Attachment C – Bond Requirements No bond requirements necessary for this service agreement; Section 5.Insurance; Bonds Subsection (B) is null for this service agreement. DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 Attachment D - Warranty Requirements Warranty is not required for this service agreement; therefore, Section 8 -Warranty, subsection 8 (A) and 8 (B) is null and void. DocuSign Envelope ID: D27238D9-ED29-4FB8-9BC7-3BC0E2019609 DATE: September 9, 2020 TO: Peter Zanoni, City Manager FROM: Gabriel Hinojosa, Assistant Director Public Works Gabrielh@cctexas.com (361) 826-1877 Dan McGinn, AICP, Director of Planning and Environmental Services DanielMc@cctexas.com (361)826-7011 CAPTION: Ordinance amending the Wastewater Collection System Master Plan for the Greenwood Wastewater Treatment Plant, Service Area 5, to phase construction of an 8" force main from a proposed West Point Lift Station; and amending the Comprehensive Plan. SUMMARY: The proposed amendment to the wastewater master plan as requested by landowner Peterson Properties, Ltd. will provide wastewater service for a planned commercial subdivision named Westpoint Crossing Unit 2, Block 2, Lot 1 . by allowing the West Point Lift Station to utilize the 6" force main that is currently in operation and phase the construction of an 8” force main that the master plan requires. Staff and Planning Commission at their August 19, 2020 meeting recommend approval. BACKGROUND AND FINDINGS: Peterson Properties, Ltd ultimately plans to install a lift station, 75 linear feet of 8-inch force main line, and 110 linear feet of 10-inch collection line in order to provide wastewater service to a planned commercial subdivision that will be constructed within the City limits along Westpoint Road and Highway 358. The planned subdivision property encompasses approximately 6.91 acres with a proposed VA medical clinic to be constructed on the property. The proposed lift station will extend wastewater service to approximately 483.3 acres of property in the surrounding area in accordance with the wastewater master plan and is located within the Greenwood Wastewater Service Area 5. However, in the interim, this amendment will phase the construction of the 75 linear feet of 8-inch Wastewater Collection System Master Plan Amendment for the Greenwood Wastewater Treatment Plant, Service Area 5 AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for October 13, 2020 Second Reading Ordinance for October 20, 2020 force main line and allow utilization of the 6-inch force main line that is currently in operation. The 8 inch force main line will be constructed when the area is fully developed. A previous Wastewater Collection System Master Plan Amendment (Exhibit A) shows a planned FM 665 and West Point Lift Station with their own respective 6” and 8” force mains. Service areas are defined for the two lift stations to determine when construction of the infrastructure is triggered. The FM 665 Lift Station and 6” force main has been constructed and are in operation. The developer is proposing an amendment to the adopted Master Plan be considered which will allow the West Point Lift Station to utilize the 6” force main that is currently in operation. This option would delay the construction of the 8” force main that would ultimately be required once the area is fully developed. This change will now assign the responsibility of constructing the 8” force main to a development in either the FM665 or West Point service area whereas before the 8” force main construction was solely the responsibility of the West Point service area. This would require an update to the Master Plan to show this phasing (Exhibit B). A detailed analysis of the capacity of the systems are provided on the attached design memorandum for the requested amendment. ALTERNATIVES: No other alternatives were considered. FISCAL IMPACT: The proposed amendment will reduce the amount of funds taken out of the trust fund during this phase of the project Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff and Planning Commission at their August 19, 2020 meeting recommended approval of the Master Plan Amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) West Point Crossing – Sanitary Sewer Lift Station Design Memorandum Exhibit A: Previous Wastewater Collection System Master Plan Amendment for Service Area 5 of the Greenwood Wastewater Master Plan Exhibit B: Wastewater Collection System Master Plan for Service Area 5 of the Greenwood Wastewater Master Plan – Phased Construction of 8” Force Main from West Point Lift Station Presentation Ordinance amending the Wastewater Collection System Master Plan for the Greenwood Wastewater Treatment Plant, Service Area 5, to phase construction of an 8" force main from a proposed West Point Lift Station; and amending the Comprehensive Plan. WHEREAS, a developer is proposing an amendment to the Master Plan to be considered which will allow the West Point Lift Station to utilize the 6 " force main that is currently in operation; WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Wastewater Collection System Master Plan for the Greenwood Master Plan, Service Area 5, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, with proper notice to the public, public hearings were held by the Planning Commission, and the City Council, during which all interested persons were allowed to be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCI L OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Wastewater Collection System Master Plan for the Greenwood Wastewater Treatment Plant, Service Area 5, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended to phase construction of an 8" force main from a proposed West Point Lift Station as shown in Exhibit "A," attached to this ordinance and incorporated by reference. SECTION 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this Ordinance. SECTION 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 4. That this ordinance expressly repeals any ordinance or part of any ordinance in conflict with this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 6. This ordinance is effective upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of _______________, 2020, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ PASSED AND APPROVED on this the _______ day of _______________, 2020. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor Exhibit A i TABLE OF CONTENTS EXECUTIVE SUMMARY SECTION I INTRODUCTION SECTION II PROPOSED IMPROVEMENTS A. GRAVITY SANITARY SEWER B. LIFT STATION C. FORCE MAIN SECTION III GRAVITY PIPE AND FORCE MAIN ALIGNMENT A. LOCATIONS AND ALIGMENT FOR PROPOSED SEWER LINES B. CROSSINGS SECTION IV LIFT STATION DESIGN CRITERIA A. SERVICE AREA AND SITE SELECTION B. DESIGN FLOW C. LIFT STATION DESIGN D. STORAGE CAPACITY SECTION V BASIS OF DESIGN A. PROPOSED WEST POINT LIFT STATION INTERIM FLOWS B. PROPOSED WEST POINT LIFT STATION FUTURE FLOWS C. EXISTING FM 665 LIFT STATION SECTION VI WORK PLAN SECTION VII CONSTRUCTION REQUIREMENTS EXHIBITS: A Master Plan Map ES-1 EXECUTIVE SUMMARY The following is the Executive Summary for the plan submission for the West Point Crossing Sanitary Sewer Improvements. This project involves the installation of one sanitary sewer duplex lift station, gravity sanitary sewer, and 10” force main. There is a proposed development located at the west corner of West Point Road and North Padre Island Drive intersection. Currently there is no gravity sanitary sewer in this area. There is a 6” diameter sanitary sewer force main adjacent to the proposed development. The 6” force main was installed in 2016 and runs between the existing FM 665 Lift Station on Old Brownsville Road and a gravity sanitary sewer manhole located near the intersection Bush Street and Hendricks Street. As part of the proposed improvements, the proposed West Point Lift Station will intercept the existing 6” force main. A short gap will be cut into the existing 6” force main at the proposed lift station site. At the upstream end of the force main gap, a new 5’ diameter site manhole will be installed to direct the existing 6” force main flow to the proposed West Point Lift Station. The proposed West Point Lift Station discharge piping will connect to the downstream end of the 6” force main gap. The existing 6” force main runs between the existing FM 665 Lift Station on Old Brownsville Road (FM 665) and a discharge point at a manhole at the intersection of Hendricks Street and Bush Street, please see attached Master Plan exhibit. The proposed West Point Lift Station will be installed at a location on West Point Road approximately 750 feet to the west of the South Padre Island Drive and West Point Road Intersection. The proposed West Point Lift Station will pump in series with the existing FM 665 Lift Station. The proposed West Point Lift Station will have an interim phase and a future phase. The design flow for the interim phase is approximately one half of the future flow. The design flow for the interim phase is 674 gpm and the design flow for the future phase is 1,348 gpm. The interim flow of 674 gpm will maximize the use of the existing 6” force main. Any flow greater than 674 gpm will produce too high of velocities. The proposed lift station will have a 10” diameter discharge header piping and will pump into the existing 6” diameter force main. Before the West Point Lift Station is upgraded with the future pumps, the future 8” diameter force main will need to be constructed. The future 8” force main will be installed in a 10 foot wide utility easement along West Point ES-2 Road, North Padre Island Drive, and Bush Street and will parallel the alignment of the existing 6” force main that is currently in service. Design of the force main will follow criteria established by TCEQ in TAC 30 Chapter 217. Material for the force main line will be PVC (Green, C-900, DR 25, pressure class 165 psi). Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. The lift station structure and discharge piping will be built for the future flow. The proposed West Point Lift Station will be a duplex and have a 10’ diameter x 25’ deep fiberglass wet well. Future development in this area will dictate when the lift station will need to be upgraded to be able to handle the future flow. Please see Exhibit A for the proposed services areas. Design of the proposed lift station will follow criteria established by TCEQ in TAC 30 Chapter 217 and will conform to the City of Corpus Christi standards for lift station construction. A basis of design including size, capacity and pumps is included in Section IV of this Design Memorandum. The proposed project would include approximately 50 linear feet of 8” diameter gravity sanitary sewer to be built at master plan depths (Un-adopted City of Corpus Christi Wastewater Collection Master Plan, Greenwood WWTP Service Area, Area 5). The proposed gravity sanitary sewer will start with an upstream point near the proposed development near the West Point Road and South Padre Island Drive intersection and will extend from that point west where it will tie into the proposed West Point Lift Station. I-1 Section I - INTRODUCTION A. PURPOSE The purpose of this project is to construct sanitary sewer infrastructure improvements for a proposed development. The proposed sanitary sewer infrastructure includes gravity sanitary sewer line, a lift station, and a future 8” force main. There is a proposed development for a tract of land at the west corner of the South Padre Island Drive and West Point Road intersection. Currently there are no gravity sanitary sewer lines in this area. There are existing gravity lines on the north side of South Padre Island Drive, but there are no existing gravity sanitary sewer infrastructure on the south side of South Padre Island Drive in this area. There is an existing 6” diameter sanitary sewer force main on the north side of West Point Road. There currently is an unadopted wastewater collection plan for this area. As part of the collection plan there is a proposed lift station and force main. As part of the proposed improvements, a segment of the permanent gravity sanitary sewer will be constructed. The downstream end of the proposed segment will discharge into the proposed sanitary sewer lift station. The proposed improvements as part of this project will provide sanitary sewer service to not only the proposed development at the South Padre Island Drive and West Point Road intersection but will also serve future developments along West Point Road and South Padre Island within the service area of the new lift station (see attached Exhibit A for service area boundary map). II-1 Section II - PROPOSED IMPROVEMENTS A. GRAVITY SANITARY SEWER 1. 10” and 8” diameter PVC All proposed PVC gravity lines will be installed at master plan depths. 2. Manholes Manholes for this project will be spaced at a maximum of 500’ apart per TCEQ Chapter 217 requirements. The upstream manholes less than 14’ deep will be 4’ diameter. The downstream manholes 14’ and deeper will be 5’ in diameter. Manhole wall thickness and construction will conform to City of Corpus Standard Details and Specifications. B. LIFT STATION 1. Pumps and Accessories The proposed lift station is a duplex lift station, two pumps will be installed, with one pump handling the design flow and the other pump acting as a backup pump. The lift station will initially have 60 horsepower interim pumps. When flows increase and the interim pumps near capacity, there are two options. The interim pump and the future pump use the same motor and volute but have different impellers. The volute is the lower portion of the pump that covers the impeller. The impeller is the internal rotating part of the pump that forces the waste water into the discharge piping. The first option is, if the overall condition of the pump is good, only the impeller would need to be replaced. The second option is, if the overall condition of the pump is poor and is need of replacement, the entire pump would be replaced and new pumps with the higher capacity impeller would need to be installed. 2. Wet Well The proposed wet well will be 10’ in diameter and approximately 25’ deep and will be made of fiberglass. II-2 3. Lift Station Discharge Piping and Valves (above ground) For ease of maintenance, the proposed lift station valves will be installed above ground. All above ground discharge piping will be constructed with ductile iron pipe, fittings, and valves. 4. Wet Well Ventilation The proposed lift station will have passive ventilation per TCEQ Chapter 217 Regulations. The passive ventilation will consist of a 6” PVC pipe with a stainless steel bird screen. 5. Flow Meter The proposed lift station will include a flow meter to measure flow through the discharge piping. The flow meter will be installed in a fiberglass manhole adjacent to the lift station wet well downstream of the above ground discharge piping. 6. Odor Control Due the semi-rural location of the proposed lift station, no odor control systems will be installed at the lift station site. 7. Miscellaneous Site Improvements The proposed lift station will have a 6’ tall wood picket fence with three strands of barbed wire. There will be a 3’ wide personnel gate and a 12’ wide main gate to allow for vehicular entry. The lift station will include a 12’ wide concrete driveway that will be installed between the West Point Road edge of pavement and the top slab of the lift station wet well. C. FORCE MAIN 1. Force Main Piping The future 8” diameter sanitary sewer force main will be constructed of PVC (green, C-900, DR 25, pressure class 165 psi). The proposed force main will be installed with a minimum of 2’-6” of ground cover. 2. Line Valves Live valves for isolation of the force main will be installed at maximum 2,000’ intervals. III-1 Section III - GRAVITY PIPE AND FORCE MAIN ALIGNMENT A topographic survey will be performed to identify existing conditions, utilities and other possible obstructions. A. LOCATIONS AND ALIGNMENT FOR PROPOSED SEWER LINES The proposed gravity sewer line and the future 8” force main will be installed in utility easements outside of the existing street right of ways. The proposed gravity sanitary sewer will be installed within a 20’ proposed utility easement outside of the West Point Road right of way. The future 8” force main will be installed within an existing 10’ wide utility easement outside of the right of ways of West Point Road, North Padre Island Drive, and Bush Street. A segment of the future 8” force main will cross the West Point Road right of way (near South Padre Island Drive) in order to switch sides of the street. Also, approximately 115’ feet of the future 8” force main will be installed in the Bush Street/Hendricks Street right of way in order to tie to an existing manhole on the existing gravity sewer system near the Bush Street and Hendricks Street intersection. B. CROSSINGS The future 8” force main will cross existing City gas lines. 1. Utilities a. 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 force main. b. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. c. Water: A preliminary investigation indicates that there will not be any crossing of existing water lines. III-2 d. Sewer (Wastewater): A preliminary investigation indicates that there will not be any crossing of existing sewer lines. e. Gas Utility: A preliminary investigation indicates that there will one crossing of an existing City gas line. f. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there will not be any crossing of existing petroleum or petrochemical lines. IV-1 Section IV – LIFT STATION DESIGN CRITERIA A. SERVICE AREA AND SITE SELECTION The proposed West Point Lift Station is designed to serve approximately 483.3 acres of land with various uses and build out rates that include low density residential, light industrial, and commercial development. See Exhibit A for a map of the area that the proposed West Point Lift Station will serve. As shown in Exhibit A, the existing FM 665 Lift Station will pump to the proposed West Point Lift Station. The proposed West Point Lift Station will be located approximately 750 feet to the west of the West Point Road and South Padre Island Drive intersection on the north side of West Point Road. The lift station will be located in an easement outside of the street right of way. B. DESIGN FLOW The design flow for the proposed temporary lift station was calculated by determining the land use for the various parcels of land within the lift station service area per the Waste Water Collection System Master Plan, applying the master plan flow rate per land use type and then totaling the flows. A peaking factor of 4 was used and 400 gallons/day/acre was used for infiltration. C. LIFT STATION DESIGN The lift station will be designed using the criteria set forth in Chapter 217 of TAC 30. The primary design consideration for lift stations is given to wet well volumes. The wet well will be constructed of fiberglass and will be 10’ diameter by approximately 25’ deep. The wet well volume required was calculated using the following formula: V = (T * Q) / (4 * 7.48) where T is the pump cycle time in minutes and Q is the peak flow in gallons per minute. This formula is used to calculate wet well volumes when the pump capacity is equal to the peak flow. Using a pump cycle time of 10 minutes (or 6 IV-2 pump starts per hour) and a peak flow of 1,348 gpm, the wet well volume required is 450.53 cubic feet (or 5.74 vertical feet inside of the 10 foot diameter wet well). The lift station will be designed using Flygt (Xylem) submersible centrifugal pumps. The pump motors would be 3-phase, 460V, 60 Hz. The future force main will be 8” diameter green PVC, DR-25, pressure class 165 psi, and will be approximately 2,900 feet in length. D. STORAGE CAPACITY According to TAC 30 Chapter 217, storage capacity must be provided for 20 minutes of peak flow in the event of a power outage to prevent the release of untreated wastewater. This storage can be provided in the wet well volume and influent gravity line collection system. V-1 Section V - BASIS OF DESIGN The proposed West Point Lift Station is designed for an interim phase and a future phase. The interim phase lift station will handle flows contributed from the existing FM 665 Lift Station, the proposed development at the corner of West Point Road and South Padre Island Drive, and other developments. After completing a computer model of the wastewater pressure system, the interim pumps, with one pump running, will be able to provide a flow of 674 gpm. The interim pumps would be 60 horsepower submersible pumps. The interim pumps would serve the area until future flows increase and require the pumping capacity of the lift station to be increased. When the pumping capacity needs to be increased, first, the proposed 8” sanitary sewer force main would have to be constructed. Second, the interim pumps would have to be upgraded. As previously stated, the interim pump and future pump use the same motor and volute but have different impellers. The impeller is the internal rotating part of the pump that forces the waste water into the discharge piping. At the time of increasing the pump capacity from interim to future, there are two options. The first option is, if the overall condition of the pump is good, only the impeller would need to be replaced. The second option is, if the overall condition of the pump is poor and is need of replacement, the entire pump would be replaced and new pumps with the higher capacity impeller would need to be installed. After completing a computer model of the wastewater pressure system, the future pumps, with one pump running, will be able to provide a total flow of 1,348 gpm. The future pumps would be 60 horsepower submersible pumps. A. PROPOSED WEST POINT LIFT STATION - INTERIM FLOWS Total Interim Flow = 674 gpm Pumping Condition = 129 feet total dynamic head Pump = 60 horsepower B. PROPOSED WEST POINT LIFT STATION – FUTURE FLOWS Total Peak Future Flow = 1,348 gpm Pumping Condition = 66 feet total dynamic head Pump = 60 horsepower C. EXISTING FM 665 LIFT STATION The existing FM 665 Lift Station was built in 2016 and was designed with an interim phase and a future phase. The lift station is currently configured and V-2 operating in the interim phase and the existing pumps have a capacity of 230 gpm and are 5 horsepower. The total peak future flow for the FM 665 lift station is 620 gpm at 118 feet total dynamic head. The future pumps would be 34 horsepower submersible pumps. VI-1 Section VI - 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 pipeline plan and profile sheets will be so arranged as to read from left to right with the project beginning at the proposed lift station. Where possible, plan views will be oriented with the north to either the top or left of the sheet. VII-1 Section VII - 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 force main installation shall cause erosion of property. Therefore, no specific erosion control measures are recommended, beyond the City Standard Stormwater Pollution Prevention Plan. E. TRAFFIC CONTROL PLAN A Traffic Control Plan will be provided in accordance with standard City specifications and latest edition of the Texas Uniform Manual on Traffic Control Devices. STATEOFTEXASPROFESSIONALENGI NE E RLICENSED BRIAN D. WIK126591 STATEOFTEXASPROFESSIONALENGI NE E RLICENSED BRIAN D. WIK126591 City Council October 13, 2020 Amendment to the Wastewater Collection System Master Plan for Service Area 5 of the Greenwood Wastewater Master Plan 1 2 Aerial Overview FM 665 LS Proposed Lift Station Master Plan Overview Calallen South SARATOGA BLVD GREENWOOD DR Master Plan Detail FM 665 LS (OPERATIONAL) WEST POINT LS 6” FORCE MAIN (OPERATIONAL) 8” FORCE MAIN DISCHARGE POINT Master Plan Amendment WEST POINT LS CONNECTION TO OPERATIONAL 6” FORCE MAIN Staff Recommendation Approve proposed Wastewater Collection System Master Plan Amendment Planning Commission approval was made at their August 19, 2020 meeting DATE: September 29, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis Heatherh3@cctexas.com (361) 826-3227 Kevin Norton, Director of Water Utilities kevinn@cctexas.com (361) 826-1874 CAPTION: Ordinance authorizing the issuance of Utility System Junior Lien Revenue Improvement Bonds, New Series 2020C in an amount not to exceed $11,425,000; providing for payment and security, by a junior and inferior lien on and pledge of the net revenues of the City’s utility system; stipulating terms and conditions for additional revenue bonds; and complying with Texas Water Development Board regulations; for a potential future seawater desalination plant. SUMMARY: On August 18, 2020 the City Council approved a Financing Agreement with the TWDB to receive the first portion of financing through the State Water Implementation Fund for Texas (SWIFT) loan program in an amount not to exceed $11,425,000 of the $222,475,000 in total amount awarded from the Texas Water Development Board (TWDB) to fund the design and construction of a Seawater Desalination Plant within the Inner Harbor of the Corpus Christi Ship channel to provide a future water supply. This ordinance authorizes issuance of bonds to collateralize the loan from the TWDB. BACKGROUND AND FINDINGS: The City of Corpus Christi has been working on alternative water source s for decades. Following the 2011-2013 drought, the City of Corpus Christi along with stakeholders formed a group to investigate potential water sources for a new, uninterruptible water Authorization for the Issuance of Utility System Revenue Bonds for SWIFT funding through the Texas Water Development Board (TWDB) in the amount of $11,425,000. AGENDA MEMORANDUM Action Item for the City Council Meeting of October 13, 2020 supply for the region. Following extensive evaluations of the quality, quantity, and reliability of alternative water supplies, seawater desalination was determined to be the most safe, reliable, and cost-effective alternative. In 2014, Freese and Nichols, Inc. was selected as the City’s Owner’s Representative consultant for the seawater desalination project. They have been working alongside City staff since then to methodically plan for a new water supply and to obtain the best value water for the region. On August 27, 2019, the City Council established the Desalination Project Implementation Trigger Point as 75% of the Water Supply Firm Yield . The trigger point proposes that a new supply be implemented when demand reaches 75% of the Water Supply Firm Yield, which is projected to be in 2022. On February 6, 2020, the City submitted an abridged loan application to the TWDB for the design and construction of a Seawater Desalination Plant within the Inner Harbor of the Corpus Christi Ship channel to provide a future water supply. The abridged loan application in the amount of $222,475,000 was the first step in the process of applying for the SWIFT loan program. On April 9, 2020, the Texas Water Development Board approved the City’s abridged loa n application and invited the City to submit their full loan application due by May 11, 2020 , which was the second step in the process. On April 21, 2020, the City Council approved a resolution for the City to submit the full SWIFT loan application to the TWBD. This application was approved by the TWDB board on July 23, 2020. The City was awarded the full $222,475,000 that will be disbursed over two years: $11,425,000 in 2020 to finalize requirements and develop the Design -Build acquisition package, and $211,050,000 for Design-Build construction in the 2021-2025 timeframe. The City received a 20% subsidy from the TWDB towards the final interest rate with the true interest cost of 1.996% after the subsidy for the 2020 funds. On August 18, 2020 the City Council approved the Financing Agreement with the TWDB for the loan. The City is subject to financial penalties if bonds are not issued in accordance with the Financing Agreement. The debt sale will be a private placement with TWDB and the debt will be issued at a lower interest rate than the City could receive if the debt was sold on the open market. The SWIFT loan program was created by the Texas Legislature to provide affordable, ongoing state financial assistance for projects in the state water plan. The program helps communities develop cost-effective water supplies by providing low-interest loans, extended repayment terms, deferral of loan repayments, and incremental repurchase terms. Through fiscal year 2019, SWIFT committed over $8.3 billion for projects across Texas. To apply for funding, entities must first submit an abridged loan application for their projects to be evaluated. The projects are ranked and the top projects that are within the limits of available funding are invited to submit a full application. Once the full application is evaluated and approved, TWDB offers financing through the loan program. The interest rate charged by the TWDB is based on the TWDB’s cost of funds sold with the State of Texas’ General Obligation AAA rating. The lending rate balances reasonable rates for TWDB customers that cover TWDB's cost of funds and risk exposure. Utilization of the TWDB funding option is being recommended especially since the interest rate that will be charged f or these obligations is based on a AAA rating -- which is a higher rating than the City’s AA-/Aa3 rating for its utility priority lien bonds and junior lien utility bonds – therefore resulting in a lower interest rate. In addition, the SWIFT loan program provides a percentage subsidy reducing the interest rate. This item is the first reading of the ordinance to issue debt to collateralize the loan. The debt sale will be a private placement with TWDB and the debt will be issued at a lower interest rate than the City could receive if the debt was sold on the open market. The second reading is on October 20th and the debt will be issued in November 2020. With this first portion of the loan, the City plans to execute the following items in FY 2021. Task Q1 Q2 Q3 Q4 Environmental Studies for Corpus Christi Bay characterization X X X Environmental Permits (TCEQ, US Army Corps of Engineers) X X X X Land Acquisition, Easements, Right of Ways, and Site Mitigation X X X X Power Purchase Agreement X X X Develop Request for Qualifications (RFQ contractor pre-qualifications) X X Issue RFQ and Evaluate Contractor Submitters X X Develop Design-Build Request for Proposal (RFP) package X X X Issue Design-Build RFP X ALTERNATIVES: The alternative is to not approve the issuance of the bonds and suffer a financial penalty of $633,193 plus the issuance costs associated with the TWDB bonds per the Financing Agreement with the TWDB. FISCAL IMPACT: There is no need for a utility rate adjustment in the foreseeable future to service the $11,425,000 loan. The City will receive a 20% reduction in interest rates as compared to traditional financing methods for the bonds issued in 2020, resulting in an interest rate of 1.996%. This first year’s funding is to finalize requirements and develop the Design-Build acquisition package, and the second year’s funding is for Design-Build construction of the plant in the 2021-2025 timeframe. The City is issuing 30-year debt with level debt service amounts for the $11,425,000 bond to secure the loans and plans on doing the same with the remaining $211M. Through the loan program, the City will sell the debt by private placement with TWDB and the debt will be issued at a lower interest rate than the City could receive if the debt was sold on the open market. The debt service will be paid primarily with revenue collected from the Drought Exemption Surcharge fee (66% of debt service), the Water Development Fund, and the remainder through capacity created by existing debt being paid in full and customer utility rate revenue. RECOMMENDATION: Staff recommends approval of the issuance of bonds to collateralize the initial loan amount of $11,425,000 from TWDB for funding of a Seawater Desalination Facility within the Inner Harbor to provide a future water supply through the SWIFT loan program. LIST OF SUPPORTING DOCUMENTS: Ordinance Financing Agreement SWIFT Loan TWDB invitation for application City of Corpus Christi SWIFT Board action 99807980.9 DRAFT 9/30/2020 ORDINANCE NO. __________ AN ORDINANCE BY THE CITY COUNCIL OF CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF ITS “UTILITY SYSTEM JUNIOR LIEN REVENUE IMPROVEMENT BONDS, NEW SERIES 2020C” IN AN AMOUNT NOT TO EXCEED $11,425,000; MAKING PROVISIONS FOR THE PAYMENT AND SECURITY THEREOF, BY A JUNIOR AND INFERIOR LIEN ON AND PLEDGE OF THE NET REVENUES OF THE CITY’S UTILITY SYSTEM ON A PARITY WITH CERTAIN CURRENTLY OUTSTANDING UTILITY SYSTEM REVENUE OBLIGATIONS; STIPULATING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF ADDITIONAL REVENUE BONDS ON A PARITY THEREWITH; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND AN ESCROW AGREEMENT; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; COMPLYING WITH THE REGULATIONS PROMULGATED BY THE TEXAS WATER DEVELOPMENT BOARD; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE TABLE OF CONTENTS Page 99807980.9 -i- SECTION 1. Authorization – Designation – Principal Amount – Purpose ................................. 3 SECTION 2. Fully Registered Obligations – Authorized Denominations – Stated Maturities – Interest Rates – Dated Date .................................................................................... 3 SECTION 3. Payment of Bonds – Interest Payments – Paying Agent/Registrar ......................... 4 SECTION 4. Redemption ............................................................................................................. 6 SECTION 5. Execution – Registration ......................................................................................... 7 SECTION 6. Registration – Transfer – Exchange of Bonds – Predecessor Bonds ...................... 7 SECTION 7. Initial Bond ............................................................................................................. 8 SECTION 8. Forms ...................................................................................................................... 9 SECTION 9. Definitions ............................................................................................................ 18 SECTION 10. Pledge of Junior Lien Pledged Revenues ............................................................. 27 SECTION 11. Rates and Charges ................................................................................................. 27 SECTION 12. System Fund ......................................................................................................... 28 SECTION 13. Bond Fund - Excess Funds ................................................................................... 29 SECTION 14. Reserve Fund ........................................................................................................ 30 SECTION 15. Deficiencies – Excess Junior Lien Pledged Revenues .......................................... 32 SECTION 16. Payment of Bonds ................................................................................................. 32 SECTION 17. Investments ........................................................................................................... 33 SECTION 18. Covenants ............................................................................................................. 33 SECTION 19. Issuance of Additional Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations ............................................................................... 37 SECTION 20. Refunding Bonds .................................................................................................. 41 SECTION 21. Issuance of Special Project Bonds ........................................................................ 41 SECTION 22. Security of Funds .................................................................................................. 41 SECTION 23. Remedies in Event of Default ............................................................................... 41 SECTION 24. Notices to Holders Waiver .................................................................................... 42 SECTION 25. Bonds Are Negotiable Instruments ....................................................................... 42 SECTION 26. Cancellation .......................................................................................................... 42 SECTION 27. Mutilated, Destroyed, Lost, and Stolen Bonds ..................................................... 42 SECTION 28. Confirmation of Sale; Approval of Private Placement Memorandum ................. 43 SECTION 29. Compliance with Purchaser’s Rules and Regulations .......................................... 43 SECTION 30. Application of Bond Proceeds .............................................................................. 46 SECTION 31. Covenants to Maintain Tax-Exempt Status .......................................................... 46 SECTION 32. Control and Custody of Bonds ............................................................................. 50 TABLE OF CONTENTS (continued) Page 99807980.9 -ii- SECTION 33. Satisfaction of Obligation of City ......................................................................... 50 SECTION 34. Ordinance a Contract; Amendments – Outstanding Bonds .................................. 51 SECTION 35. Printed Opinion ..................................................................................................... 51 SECTION 36. CUSIP Numbers ................................................................................................... 51 SECTION 37. Effect of Headings ................................................................................................ 51 SECTION 38. Benefits of Ordinance ........................................................................................... 51 SECTION 39. Inconsistent Provisions ......................................................................................... 52 SECTION 40. Governing Law ..................................................................................................... 52 SECTION 41. Severability ........................................................................................................... 52 SECTION 42. Incorporation of Preamble Recitals ...................................................................... 52 SECTION 43. Authorization of Paying Agent/Registrar Agreement .......................................... 52 SECTION 44. Authorization of Escrow Agreement .................................................................... 52 SECTION 45. Application to Texas Water Development Board ................................................. 52 SECTION 46. Public Meeting ...................................................................................................... 53 SECTION 47. Continuing Disclosure of Information .................................................................. 53 SECTION 48. Book-Entry Only System ...................................................................................... 56 SECTION 49. Further Procedures ................................................................................................ 57 SECTION 50. Unavailability of Authorized Publication ............................................................. 58 SECTION 51. No Recourse Against City Officials ..................................................................... 58 SECTION 52. Automatic Budget Amendments to Reflect Final Debt Service Payments .......... 58 SECTION 53. Covenants of Compliance ..................................................................................... 58 SECTION 54. Construction of Terms .......................................................................................... 58 SECTION 55. Ancillary Bond Contracts ..................................................................................... 58 SECTION 56. City’s Consent to Provide Information and Documentation to the Texas MAC .. 59 SECTION 57. Effective Date ....................................................................................................... 59 Exhibit A .......................................................................................... Paying Agent/Registrar Agreement Exhibit B ................................................................................................................... Escrow Agreement Exhibit C .......................................................................... Description of Annual Financial Information Exhibit D ................................................................................................. DTC Letter of Representations Exhibit E ......................... General Policies and Procedures Concerning Compliance With the Rule 99807980.9 WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has heretofore issued, and there are currently outstanding revenue bonds (the Previously Issued Junior Lien Obligations) secured by a first and prior lien on and pledge of the Net Revenues (as hereinafter defined) of the City’s combined utility systems (as further described and defined herein, the System); and WHEREAS, in the City ordinances authorizing the issuance of the Previously Issued Junior Lien Obligations, the City reserved the right to issue revenue bonds on a parity with the Previously Issued Junior Lien Obligations from time to time outstanding; and WHEREAS, the City Council has heretofore issued, and there are currently outstanding, obligations supported by a lien on and pledge of the Net Revenues of the System that are inferior to the lien thereon and pledge thereof securing the Junior Lien Obligations (the Previously Issued Subordinate Lien Obligations); and WHEREAS, the City Council has determined for the purpose of improving the credit quality of its Junior Lien Obligations, which has become its primary lien for issuing System debt, that it will no longer issue “Priority Bonds” which were previously secured by a first and prior lien on and pledge of the Net Revenues of the System; and WHEREAS, on the date hereof, no Priority Bonds remain outstanding, and all System revenue obligations previously subordinate and inferior to the Priority Bonds in priority of lien on and pledge of Net Revenues have been elevated in kind and priority as hereinbefore stated, and all revenue obligations herein and hereafter issued as Junior Lien Obligations shall be secured by a first and prior lien on and pledge of the Net Revenues on parity with the Previously Issued Junior Lien Obligations; and WHEREAS, the City Council has determined that a new series of Junior Lien Obligations payable from and equally and ratably secured solely by a first and prior lien and pledge of the Net Revenues of the System on parity with the lien on and pledge of the Net Revenues securing the Previously Issued Junior Lien Obligations should be issued for the purpose of designing, planning, building, improving, extending, enlarging, and repairing the System; and WHEREAS, pursuant to the provisions of Chapter 1502, as amended, Texas Government Code (Chapter 1502) and the City’s Home Rule Charter, the City Council is authorized to issue revenue bonds; WHEREAS, the Texas Water Development Board (the Purchaser) has agreed to purchase the revenue bonds herein authorized thereby making a loan to the City at an interest rate that is substantially below the current market rate for similar forms of indebtedness which will enable the City to undertake the proposed improvements to the System; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, which is not a depository bank of the City, is appointed and will serve as the Paying Agent/Registrar (hereinafter defined) and Escrow Agent (hereinafter defined) for the revenue bonds; and 99807980.9 -2- WHEREAS, the revenue bonds hereinafter authorized are to be issued and delivered pursuant to the laws of the State of Texas, including Chapter 1502, and the terms of this Ordinance (as hereinafter defined), for the purposes set forth in this Ordinance; WHEREAS, the City Council hereby finds and determines that the issuance of the revenue bonds authorized herein and the adoption of this Ordinance is in the best interests of the citizens of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Authorization – Designation – Principal Amount – Purpose. Revenue improvement bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of ELEVEN MILLION FOUR HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($11,425,000), to be designated and bear the title of CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE IMPROVEMENT BONDS, NEW SERIES 2020C (the Bonds), pursuant to this ordinance adopted by the City Council (the Ordinance) for the purpose of (i) designing, planning, building, improving, extending, enlarging and repairing the System, and (ii) paying the costs of issuance relating thereto. The Bonds shall be payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a first and prior lien on and pledge of Net Revenues that is on parity with the lien thereon and pledge thereof securing the repayment of the Previously Issued Junior Lien Obligations and is senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. The Bonds are authorized to be issued pursuant to the authority conferred by and in conformity with the laws of the State of Texas, including, particularly, Chapter 1502, the City’s Home Rule Charter, and this Ordinance. SECTION 2. Fully Registered Obligations – Authorized Denominations – Stated Maturities – Interest Rates – Dated Date. The Bonds are issuable in fully registered form only; shall be dated November 1, 2020 (the Dated Date); shall be in denominations of $5,000 or any integral multiple thereof, shall be lettered “R-” and numbered consecutively from One (1) upward and principal shall become due and payable on July 15 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Closing Date (anticipated to occur on November 10, 2020), or the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the rate per annum in accordance with the following schedule: Years of Stated Maturity (July 15) Principal Amounts ($) Interest Rates (%) 2022 2023 2024 2025 2026 99807980.9 -3- Years of Stated Maturity (July 15) Principal Amounts ($) Interest Rates (%) 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 SECTION 3. Payment of Bonds – Interest Payments – Paying Agent/Registrar. The principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The Bonds shall bear interest on the unpaid principal amount thereof at the per annum rates shown above in Section 2, computed on the basis of a 360-day year of twelve 30-day months, and interest thereon shall be payable semiannually on January 15 and July 15 of each year (each, an Interest Payment Date), commencing July 15, 2021, while the Bonds are Outstanding. Interest on each Bond issued and delivered to a Holder shall accrue from the Closing Date (anticipated to occur on or about November 10, 2020) or from the latest Interest Payment Date that interest on such Bond (or its Predecessor Bond) has been paid that precedes 99807980.9 -4- the registration date appearing on such Bond in the “Registration Certificate of Paying Agent/Registrar” (Section 8D hereof), unless the registration date appearing thereon is an Interest Payment Date for which interest is being paid, in which case interest on such Bond shall accrue from the registration date appearing thereon and provided further that with respect to the initial payment of interest on a Bond. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, to serve as the initial Paying Agent/Registrar (the Paying Agent/Registrar) for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Both principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (defined herein) for purposes of payment of interest thereon and (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof at the Bonds’ Stated Maturity or upon prior redemption of the Bonds. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of, and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the last business day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder’s risk and expense. While the Bonds are held by the Purchaser, payment of principal of, premium, if any, and interest on the Bonds shall be 99807980.9 -5- made by federal funds wire transfer, at no cost to the Purchaser, to an account at a financial institution located in the United States designated by the Purchaser. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. A. Special Mandatory Redemption. In the event that the Purchaser at such time remains the sole holder of the Bonds and the final accounting delivered by the City to the Purchaser in the form and manner specified in Section 29 of this Ordinance evidences that the total cost of the project or projects to be financed with Bond proceeds is less than the amount of Bond proceeds available for paying such costs or if the Executive Administrator of the Purchaser disapproves construction of any portion of such project or projects as not being in accordance with the plans and specifications, then the City shall, unless an alternative is permitted under Section 29 hereof, immediately, with the filing of the final accounting, redeem Bonds in the amount of such excess and/or cost determined by the Executive Administrator of the Purchaser relating to the parts of such project or projects not built in accordance with the plans and specifications, to the nearest multiple of the authorized denomination for the Bonds. Bonds redeemed pursuant to this provision shall be redeemable on any date, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity, selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. B. Optional Redemption. The Bonds having Stated Maturities on and after July 15, 2032 shall be subject to redemption prior to Stated Maturity, at the option of the City, on July 15, 2031, or any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. C. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to 99807980.9 -6- exercise the right or of the requirement, as applicable, to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the City Council. D. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States Mail, first-class postage prepaid, in the name of the City and at the City’s expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on said Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue, and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. F. Transfer/Exchange. Neither the City nor the Paying Agent/Registrar shall be required (i) to transfer or exchange any Bond during a period beginning forty-five (45) days prior to the date fixed for redemption of the Bonds or (ii) to transfer or exchange any Bond selected for redemption, provided; however, such limitation of transfer shall not be applicable to an 99807980.9 -7- exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5. Execution – Registration. The Bonds shall be executed on behalf of the City by its Mayor or Mayor Pro Tem, its seal reproduced or impressed thereon, and attested by the City Secretary. The signature of either officer on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchaser, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Holder of a Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature for the Initial Bond only, or a certificate of registration substantially in the form provided in Section 8D for Bonds other than the Initial Bond, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6. Registration – Transfer – Exchange of Bonds – Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds and of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds, to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and 99807980.9 -8- binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any fee, tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 27 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7. Initial Bond. The Bonds herein authorized shall be issued initially either (i) as a single fully-registered Bond in the total principal amount of $11,425,000 with principal installments to become due and payable as provided in Section 2 and numbered T-1, or (ii) as one (1) fully-registered Bond for each year of Stated Maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (the Initial Bond) and, in either case, the Initial Bond shall be registered in the name of the Purchaser or the designee thereof. The Initial Bond shall be the Bond submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchaser. Any time after the delivery of the Initial Bond, the Paying Agent/Registrar shall cancel the Initial Bond delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchaser, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8. Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of Bond Counsel (hereinafter referenced)) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. 99807980.9 -9- The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 99807980.9 -10- B. Form of Definitive Bond. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. ______ $______________ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE IMPROVEMENT BONDS, NEW SERIES 2020C Dated Date: Interest Rate: Stated Maturity: CUSIP NO: November 1, 2020 REGISTERED OWNER: _________________________________________________________ PRINCIPAL AMOUNT: _______________________________________________ DOLLARS The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption), and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to occur on or about November 10, 2020) or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360-day year of 30-day months; such interest being payable on January 15 and July 15 of each year (each, an Interest Payment Date), commencing July 15, 2021. Principal and premium, if any, of the Bond shall be payable to the Registered Owner hereof (the Holder) upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the last business day of the month next preceding each Interest Payment Date. All payments of principal of, premium, if any, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on the appropriate date of payment by United States Mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder’s risk and expense. While the Bonds are held by the Purchaser, payment of principal of, premium, if any, and 99807980.9 -11- interest on the Bonds shall be made by federal funds wire transfer, at no cost to the Purchaser, to an account at a financial institution located in the United States designated by the Purchaser. This Bond is one of the series specified in its title issued in the aggregate principal amount of $11,425,000 (the Bonds) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purpose of (i) designing, planning, building, improving, extending, enlarging, and repairing the System (defined herein), and (ii) paying the costs of issuance relating thereto, all in conformity with the laws of the State of Texas, particularly Chapter 1502, as amended, Texas Government Code, the City’s Home Rule Charter, and the Ordinance. The Bonds shall be payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a first and prior lien on and pledge of Net Revenues that is on parity with the lien thereon and pledge thereof securing the repayment of the Previously Issued Junior Lien Obligations and that is senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. The Bonds having Stated Maturities on and after July 15, 2032 shall be subject to redemption prior to Stated Maturity, at the option of the City, on July 15, 2031, or any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. In the event that the Purchaser at such time remains the sole holder of the Bonds and the final accounting delivered by the City to the Purchaser in the form and manner specified in the Ordinance evidences that the total cost of the project to be financed with Bond proceeds is less than the amount of Bond proceeds available for paying such costs or if the Executive Administrator of the Purchaser disapproves construction of any portion of such project or projects as not being in accordance with the plans and specifications, then the City shall, unless the Ordinance permits another use of such excess funds, immediately, with the filing of the final accounting, redeem Bonds in the amount of such excess and/or cost determined by the Executive Administrator of the Purchaser relating to the parts of such project or projects not built in accordance with the plans and specifications to the nearest multiple of the authorized denomination for the Bonds. Bonds redeemed pursuant to this provision shall be redeemable on any date, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity, selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. In the event of a partial redemption of the principal amount of this Bond, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Bond to the corporate trust office of the Paying Agent/Registrar and, there shall be issued to 99807980.9 -12- the registered owner hereof, without charge, a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are special obligations of the City, issued as Junior Lien Obligations, payable from and equally and ratably secured by a lien on and pledge of the Junior Lien Pledged Revenues, being (primarily) a first and prior lien on and pledge of the Net Revenues derived from the operation of the City’s combined utility systems (as further described in the Ordinance, the System) that is on parity with the lien thereon and pledge thereof securing the repayment of the Previously Issued Junior Lien Obligations and that is senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. In the Ordinance, the City reserves and retains the right to issue Additional Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations without limitation as to principal amount but subject to any terms, conditions, or restrictions set forth in the Ordinance or as may be applicable thereto under law or otherwise. The Bonds do not constitute a legal or equitable pledge, charge, lien, or encumbrance upon any property of the City or System, except with respect to the Junior Lien Pledged Revenues. The Holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description and nature of the Junior Lien Pledged Revenues pledged for the payment of the Bonds; the terms and conditions under which the City may issue Additional Junior Lien Obligations, Additional Subordinate Lien Obligations and Inferior Lien Obligations; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. 99807980.9 -13- The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding special obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by law, and that issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by a pledge of and lien on the Junior Lien Pledged Revenues. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank] 99807980.9 -14- IN WITNESS WHEREOF, this Bond has been signed with the imprinted or lithographed facsimile signature of the Mayor of the City, attested by the imprinted or lithographed facsimile signature of the City Secretary, and the official seal of the City has been duly affixed to, printed, lithographed or impressed on this Bond. CITY OF CORPUS CHRISTI, TEXAS __________________________________________ Mayor ATTEST: ____________________________________ City Secretary (SEAL) [The remainder of this page intentionally left blank.] 99807980.9 -15- C. Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bond Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS THE STATE OF TEXAS § § § § REGISTER NO. I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this . ____________________________________ Comptroller of Public Accounts of the State of Texas (SEAL) * Note to Printer: Not to appear on printed Bonds D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds Only. CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued under the provisions of the within-mentioned Ordinance; the Bond or Bonds of the above-entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: ____________________________________ THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas, as Paying Agent/Registrar By: _______________________________ Authorized Signature * Note to Printer: to appear on printed Bonds 99807980.9 -16- E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): _________________________________ ______________________________________________________________________________ (Social Security or other identifying number): ________________________________________ the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: ____________________________ ________________________________________________ NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: ____________________________________ [The remainder of this page intentionally left blank.] 99807980.9 -17- F. Form of Initial Bond. The Initial Bond shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (1) immediately under the name of the Initial Bond the headings “Interest Rate” and “Stated Maturity” shall both be completed “as shown below”; (2) the first two paragraphs shall read as follows: REGISTERED OWNER: _________________________________________________________ PRINCIPAL AMOUNT: _________________________________________________________ The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the fifteenth day of July in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Stated Maturity Principal Amounts ($) Interest Rates (%) (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to occur on or about – November 10, 2020), or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360-day year of 30- day months; such interest being payable on January 15 and July 15 of each year (each, an Interest Payment Date), commencing July 15, 2021. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent/Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the last business day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. While the Bonds are held by the Purchaser, payment of principal of, premium, if any, and interest on the Bonds shall be made by 99807980.9 -18- federal funds wire transfer, at no cost to the Purchaser, to an account at a financial institution located in the United States designated by the Purchaser. G. Insurance Legend. If bond insurance is obtained by the Purchaser or the City for the Bonds, the definitive Bonds and the Initial Bond shall bear an appropriate legend as provided by the bond insurer, to appear under the following header: [BOND INSURANCE] SECTION 9. Definitions. For all purposes of this Ordinance, except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 31 and 47 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated “Sections” and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words “herein”, “hereof”, and “hereunder” and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Accountant shall mean a nationally recognized independent certified public accountant, or an independent firm of certified public accountants. B. The term Additional Junior Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a lien and pledge of the Junior Lien Pledged Revenues, such pledge to include a pledge of Net Revenues that is senior and superior to the lien thereon and pledge thereof that is or will be pledged to the payment of any Subordinate Lien Obligations and any Inferior Lien Obligations now Outstanding or hereafter issued by the City, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, as determined by the City Council in accordance with applicable law. C. The term Additional Subordinate Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a lien and pledge of the Net Revenues, such pledge being subordinate and inferior to the lien on and pledge of the Net Revenues that is included in Junior Lien Pledged Revenues, but senior and superior to the lien thereon and pledge thereof that is or will be pledged to the payment of the Inferior Lien Obligations now Outstanding or hereafter issued by the City, and on parity with the lien on and pledge of the Net Revenues securing the payment of the then-Outstanding Subordinate Lien Obligations and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by such subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with applicable law. D. Authorized Official shall mean the City Manager, each Assistant City Manager, the Chief Financial Officer, and the Director of Financial Services (which shall include any person serving in any of the foregoing capacities on an interim or non-permanent basis). 99807980.9 -19- E. The term Average Annual Debt Service Requirements shall mean that average amount which, at the time of computation, will be required to pay the Debt Service Requirements of obligations when due and derived by dividing the total of such Debt Service Requirements by the number of years then remaining before final Stated Maturity. The calculation of Average Annual Debt Service Requirements shall be net of (1) capitalized interest from bond proceeds and (2) the receipt or anticipated receipt of a refundable tax credit or similar payment relating to a series of Junior Lien Obligations irrevocably designated as refundable tax credit bonds, which payment shall be treated as one offset to regularly scheduled debt service of the series of Junior Lien Obligations to which it relates. F. The term Bonds shall mean the $11,425,000 “CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE IMPROVEMENT BONDS, NEW SERIES 2020C”, dated November 1, 2020, authorized by this Ordinance. G. The term Bond Fund shall mean the special Fund or account created and established by the provisions of Section 13 of this Ordinance. H. The term Capital Additions shall mean a reservoir or other water storage facilities, a water or wastewater treatment plant or an interest therein, an electric generation facility and/or distribution system or an interest therein, a gas distribution system or an interest therein and associated transmission facilities with respect to each and any combination thereof, which shall become a part of the System. I. The term Capital Improvements shall mean any capital extensions, improvements and betterments to the System other than Capital Additions. J. The term City shall mean the City of Corpus Christi, Texas and, where appropriate, the City Council of the City. K. The term Closing Date shall mean the date of physical delivery of the Initial Bond in exchange for the payment in full by the Purchaser. L. The term Credit Agreement shall mean a loan agreement, revolving credit agreement, agreement establishing a line of credit, letter of credit, reimbursement agreement, insurance contract, commitments to purchase Debt, purchase or sale agreements, interest rate swap agreements, or commitments or other contracts or agreements authorized, recognized, and approved by the City as a Credit Agreement in connection with the authorization, issuance, security, or payment of any obligation authorized by Chapter 1371, and which includes any Credit Facility. M. The term Credit Facility shall mean (i) a policy of insurance or a surety bond, issued by an issuer of policies of insurance insuring the timely payment of debt service on governmental obligations, or (ii) a letter or line of credit issued by any financial institution. N. The term Credit Provider shall mean any bank, financial institution, insurance company, surety bond provider, or other institution which provides, executes, issues, or otherwise is a party to or provider of a Credit Agreement or Credit Facility. 99807980.9 -20- O. The term Debt shall mean (1) all indebtedness payable from Net Revenues and/or Junior Lien Pledged Revenues incurred or assumed by the City for borrowed money (including indebtedness payable from Net Revenues and/or Junior Lien Pledged Revenues arising under Credit Agreements) and all other financing obligations of the System payable from Net Revenues and/or Junior Lien Pledged Revenues that, in accordance with generally accepted accounting principles, are shown on the liability side of a balance sheet; and (2) all other indebtedness payable from Junior Lien Pledged Revenues and/or Net Revenues (except indebtedness not treated as Debt hereunder) for borrowed money or for the acquisition, construction, or improvement of property or capitalized lease obligations pertaining to the System that is guaranteed, directly or indirectly, in any manner by the City, or that is in effect guaranteed, directly or indirectly, by the City through an agreement, contingent or otherwise, to purchase any such indebtedness or to advance or supply funds for the payment or purchase of any such indebtedness or to purchase property or services primarily for the purpose of enabling the debtor or seller to make payment of such indebtedness, or to assure the owner of the indebtedness against loss, or to supply funds to or in any other manner invest in the debtor (including any agreement to pay for property or services irrespective of whether or not such property is delivered or such services are rendered), or otherwise. For the purpose of determining Debt, there shall be excluded any particular Debt if, upon or prior to the maturity thereof, there shall have been deposited with the proper depository (i) in trust the necessary funds (or investments that will provide sufficient funds, if permitted by the instrument creating such Debt) for the payment, redemption, or satisfaction of such Debt or (ii) evidence of such Debt deposited for cancellation; and thereafter it shall not be considered Debt. No item shall be considered Debt unless such item constitutes indebtedness under generally accepted accounting principles applied on a basis consistent with the financial statements of the System in prior Fiscal Years. P. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest calculated by assuming (i) that the interest rate for every 12-month period on such bonds is equal to the rate of interest reported in the most recently published edition of The Bond Buyer (or its successor) at the time of calculation as the “Revenue Bond Index” or, if such Revenue Bond Index is no longer being maintained by The Bond Buyer (or its successor) at the time of calculation, such interest rate shall be assumed to be 80% of the rate of interest then being paid on United States Treasury obligations of like maturity and (ii) that, in the case of bonds not subject to fixed scheduled mandatory sinking fund redemptions, that the principal of such bonds is amortized such that annual debt service is substantially level over the remaining stated life of such bonds or in the manner permitted under Section 1371.057(c), as amended, Texas Government Code as the same relates to interim or non–permanent indebtedness, and in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity 99807980.9 -21- according to a fixed schedule, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto (in each case notwithstanding any contingent obligation to redeem bonds more rapidly). For the term of any Credit Agreement in the form of an interest rate hedge agreement entered into in connection with any such obligations, Debt Service Requirements shall be computed by netting the amounts payable to the City under such hedge agreement from the amounts payable by the City under such hedge agreement and such obligations. Q. The term Depository shall mean an official depository bank of the City. R. The term Engineer shall mean an individual, firm, or corporation engaged in the engineering profession, being a registered professional engineer under the laws of the State of Texas, having specific experience with respect to a combined municipal utility system similar to the System and such individual, firm, or corporation may be employed by, or may be an employee of, the City. S. The term Fiscal Year shall mean the twelve month accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City, presently being that period commencing on October 1 of each year and ending on the following September 30. T. The term Government Securities shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America, and (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. When the Previously Issued Junior Lien Obligations issued on or before August 25, 2016, are no longer Outstanding, the term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. U. The term Gross Revenues shall mean all revenues, income, and receipts derived or received by the City from the operation and ownership of the System, including the interest income from the investment or deposit of money in any Fund created or confirmed by this 99807980.9 -22- Ordinance or maintained by the City in connection with the System, other than those amounts subject to payment to the United States of America as rebate pursuant to section 148 of the Code. V. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. W. The term Inferior Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a lien and pledge of the Net Revenues, which pledge is subordinate and inferior to the lien on and pledge of the Net Revenues that is included in Junior Lien Pledged Revenues, that is or will be pledged to the payment of the Subordinate Lien Obligations, and that is on parity with the lien on and pledge of the Net Revenues securing the payment of the then-Outstanding Inferior Lien Obligations and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by such subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with applicable law. X. The term Interest Payment Date shall mean the date semiannual interest is payable on the Bonds, being January 15 and July 15 of each year, commencing July 15, 2021, while any of the Bonds remain Outstanding. Y. The term Junior Lien Obligations shall mean (i) the Previously Issued Junior Lien Obligations, (ii) any Additional Junior Lien Obligations, and (iii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a first and prior lien on and pledge of Net Revenues that is senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and any Inferior Lien Obligations, as determined by the City Council in accordance with applicable law. Z. The term Junior Lien Pledged Revenues shall mean (i) the Net Revenues, plus (ii) any additional revenues, income, receipts, or other resources, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which hereafter are pledged by the City to the payment of the Bonds, and at the City’s discretion, any Additional Junior Lien Obligations, and excluding those revenues excluded from Gross Revenues. AA. The term Net Revenues shall mean all Gross Revenues less Operating Expenses. BB. The term Operating Expenses shall mean the expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City, reasonably and fairly exercised by the passage of appropriate ordinances, are necessary to render adequate service, or such as might be necessary to meet some physical accident or condition which would otherwise impair any Junior Lien Obligations, Subordinate Lien Obligations, Inferior Lien Obligations, or other Debt of the System. Operating Expenses shall include the purchase of water, sewer and gas services as received from other 99807980.9 -23- entities and the expenses related thereto, and, to the extent permitted by a change in law (and receipt of an opinion as to legality from a firm of nationally recognized bond counsel), Operating Expenses may include payments made on or in respect of obtaining and maintaining any Credit Facility. Operating Expenses shall never include any allowance for depreciation, property retirement, depletion, obsolescence, and other items not requiring an outlay of cash and any interest on the Bonds or any Debt. CC. The term Ordinance shall mean this Ordinance adopted by the City Council on October 20, 2020 authorizing the issuance of the Bonds. DD. The term Outstanding shall mean when used in this Ordinance with respect to all Debt means, as of the date of determination, all Debt except: (1) those Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations for which payment has been duly provided by the City in accordance with the provisions of Section 33 of this Ordinance; and (3) those Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 27 of this Ordinance. EE. The term Paying Agent/Registrar shall mean the financial institution specified in Section 3 of this Ordinance, or its herein-permitted successors and assigns. FF. The term Previously Issued Junior Lien Obligations shall mean, as of the Closing Date the Outstanding and unpaid obligations of the City that are payable solely from and equally and ratably secured by a lien on and pledge of the Junior Lien Pledged Revenues which includes a first and prior lien on and pledge of Net Revenues of the System that is superior to the lien thereon and pledge thereof securing the Subordinate Lien Obligations and any Inferior Lien Obligations, identified as follows: (1) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2012”, dated November 15, 2012, in the original principal amount of $69,085,000; (2) “City of Corpus Christi, Texas Utility System Junior Lien Revenue and Refunding Bonds, Series 2012”, dated November 15, 2012, in the original principal amount of $155,660,000; (3) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2013”, dated November 1, 2013, in the original principal amount of $97,930,000; 99807980.9 -24- (4) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2015A”, dated March 1, 2015, in the original principal amount of $93,600,000; (5) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2015”, dated July 1, 2015, in the original principal amount of $46,990,000; (6) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2015C”, dated July 1, 2015, in the original principal amount of $101,385,000; (7) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2016”, dated August 1, 2016, in the original principal amount of $80,415,000; (8) “City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2017”, dated March 15, 2017, in the original principal amount of $51,215,000; (9) City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2017”, dated October 1, 2017, in the original principal amount of $2,750,000; (10) City of Corpus Christi, Texas Utility System Junior Lien Revenue and Improvement Refunding Bonds, Series 2019”, dated September 15, 2019, in the original principal amount of $93,425,000; (11) City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement and Refunding Bonds, Series 2020A”, dated July 15, 2020, in the original principal amount of $133,765,000; (12) City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Taxable Series 2020B”, dated July 15, 2020, in the original principal amount of $183,635,000; and (13) Upon issuance, the Bonds. GG. The term Previously Issued Subordinate Lien Obligations shall mean the “City of Corpus Christi, Texas Utility System Subordinate Lien Revenue Refunding Bonds, Series 2018”, dated February 15, 2018, in the original principal amount of $34,835,000. HH. The term Prudent Utility Practice shall mean any of the practices, methods and acts, in the exercise of reasonable judgment, in the light of the facts, including but not limited to the practices, methods and acts engaged in or approved by a significant portion of the public utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. It is recognized that Prudent Utility Practice is not intended to be limited 99807980.9 -25- to the optimum practice, method or act at the exclusion of all others, but rather is a spectrum of possible practices, methods or acts which could have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. In the case of any facility included in the System which is owned in common with one or more other entities, the term “Prudent Utility Practice”, as applied to such facility, shall have the meaning set forth in the agreement governing the operation of such facility. II. The term Purchaser shall mean the initial purchaser or purchasers of the Bonds named in Section 28 of this Ordinance. JJ. The term Required Reserve Amount shall have the meaning given such term in Section 14 of this Ordinance. KK. The term Reserve Fund shall have the meaning given such term in Section 14 of this Ordinance. LL. The term Reserve Fund Deposits shall have the meaning given such term in Section 14 of this Ordinance. MM. The term Special Project shall mean, to the extent permitted by law, any water, sewer, wastewater reuse, or municipal drainage system property, improvement, or facility declared by the City, upon the recommendation of the City Council, not to be part of the System, for which the costs of acquisition, construction, and installation are paid from proceeds of Special Project Bonds (as hereinafter defined) being a financing transaction other than the issuance of bonds payable from ad valorem taxes, Net Revenues, or Junior Lien Pledged Revenues, and for which all maintenance and operation expenses are payable from sources other than ad valorem taxes, Net Revenues, or Junior Lien Pledged Revenues, but only to the extent that and for so long as all or any part of the revenues or proceeds of which are or will be pledged to secure the payment or repayment of such costs of acquisition, construction, and installation under such Special Project Bonds. NN. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on July 15 of each year, as set forth in Section 2 of this Ordinance. OO. The term Subordinate Lien Obligations shall mean (i) the Previously Issued Subordinate Lien Obligations, (ii) any Additional Subordinate Lien Obligations, and (iii) any obligations issued to refund the foregoing payable and equally and ratably secured from a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien thereon and pledge thereof that is included in Junior Lien Pledged Revenues but superior to the lien thereon and pledge thereof securing the payment of the Inferior Lien Obligations, as determined by the City Council in accordance with any applicable law. PP. The term System shall mean and include, whether now existing or hereinafter added, the City’s existing combined waterworks system, wastewater disposal system and gas system, together with all future extensions, improvements, enlargements, and additions thereto, including, to the extent permitted by law (and to be added at the sole discretion of the City), storm sewer and drainage within the waterworks system, solid waste disposal system, additional utility (including electricity), telecommunications, technology, and any other similar enterprise 99807980.9 -26- services, and all replacements, additions, and improvements to any of the foregoing, within or without the City limits; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not include any waterworks, wastewater or gas facilities which are declared by the City to be a Special Project and not a part of the System and which are hereafter acquired or constructed by the City with the proceeds from the issuance of Special Project Bonds, which are hereby defined as being special revenue obligations of the City which are not secured by or payable from all or part of the Net Revenues and/or Junior Lien Pledged Revenues, but which are secured by and payable solely from special contract revenues, or payments received from the City or any other legal entity, or any combination thereof, in connection with such facilities; and such revenues or payments shall not be considered as or constitute Gross Revenues of the System, unless and to the extent otherwise provided in the ordinance or ordinances authorizing the issuance of such Special Project Bonds. QQ. The term System Fund shall have the meaning given such term in Section 12 of this Ordinance. SECTION 10. Pledge of Junior Lien Pledged Revenues. A. The City hereby covenants and agrees that the Junior Lien Pledged Revenues of the System are hereby irrevocably pledged to the payment and security of the Junior Lien Obligations, including the establishment and maintenance of the special funds or accounts created for the payment and security thereof, all as hereinafter provided; and it is hereby ordained that the Junior Lien Obligations, and the interest thereon, shall constitute a lien on and pledge of the Junior Lien Pledged Revenues and be valid and binding without any physical delivery thereof or further act by the City, and the lien created hereby on the Junior Lien Pledged Revenues for the payment and security of the Junior Lien Obligations, shall be prior in right and claim as to any other indebtedness, liability, or obligation of the City or the System. The Junior Lien Obligations are and will be secured by and payable only from the Junior Lien Pledged Revenues, and are not secured by or payable from a mortgage or deed of trust on any properties whether real, personal, or mixed, constituting the System. B. Chapter 1208, as amended, Texas Government Code, applies to the issuance of the Bonds and the pledge of Junior Lien Pledged Revenues granted by the City under subsection A of this Section, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Junior Lien Obligations are Outstanding and unpaid such that the pledge of the Junior Lien Pledged Revenues granted by the City is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Junior Lien Obligations the perfection of the security interest in this pledge, the City Council agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, as amended, Texas Business & Commerce Code and enable a filing to perfect the security interest in this pledge to occur. SECTION 11. Rates and Charges. For the benefit of the Holders of the Bonds and in addition to all provisions and covenants in the laws of the State of Texas and in this Ordinance, the City hereby expressly stipulates and agrees, while any of the Junior Lien Obligations are Outstanding, to establish and maintain rates and charges for facilities and services afforded by 99807980.9 -27- the System that are reasonably expected, on the basis of available information and experience and with due allowance for contingencies, to produce Gross Revenues in each Fiscal Year sufficient: A. To pay all Operating Expenses, or any expenses required by statute to be a first claim on and charge against the Gross Revenues of the System. B. To produce Net Revenues, together with any other lawfully available funds, equal to at least 1.15 times Average Annual Debt Service Requirements on the then-Outstanding Junior Lien Obligations and to deposit the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Junior Lien Obligations, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured solely by a first and prior lien on and pledge of the Net Revenues, including the Junior Lien Pledged Revenues, that is senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations; C. To produce Net Revenues, together with any other lawfully available funds, sufficient to pay the amounts that may be deposited in the special funds established for the payment of the Subordinate Lien Obligations; D. To produce Net Revenues, together with any other lawfully available funds, sufficient to pay the principal of and interest on the Inferior Lien Obligations as the same become due and payable and to deposit the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Inferior Lien Obligations, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured solely by a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien thereon and pledge thereof securing the repayment of the Junior Lien Obligations and the Subordinate Lien Obligations; and E. To pay, together with any other lawfully available funds, any other legally incurred Debt payable from the Net Revenues of the System and/or secured by a lien on any part of the System. The determination of the amount of principal of and interest on any obligations identified in this Section for the purpose of confirming the sufficiency of System rates and charges shall be made after giving consideration as an offset to debt service the receipt or anticipated receipt of a refundable tax credit or similar payment relating to any series of obligations irrevocably designated as refundable tax credit bonds pursuant to the City ordinance authorizing their issuance or otherwise relating thereto. SECTION 12. System Fund. The City hereby covenants, agrees, and ratifies its prior covenants and agreements that the Gross Revenues of the System shall be deposited, as collected and received, into a separate Fund or account (previously created and established and to be maintained with the Depository) known as the “City of Corpus Christi, Texas Utility System Revenue Fund” (the System Fund) and that the Gross Revenues of the System shall be kept separate and apart from all other funds of the City. All Gross Revenues deposited into the 99807980.9 -28- System Fund shall be pledged and appropriated to the extent required for the following uses and in the order of priority shown: A. First: To the payment of all necessary and reasonable Operating Expenses or other expenses required by statute to be a first charge on and claim against the revenues of the System. B. Second: To the payment of the amounts required to be deposited into the special funds and accounts created and established for the payment, security and benefit of the Previously Issued Junior Lien Obligations, the Bonds, and any Additional Junior Lien Obligations hereafter issued by the City. C. Third: To the payment of the amounts required to be deposited into the special funds and accounts created and established for the payment, security and benefit the Previously Issued Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the City. D. Fourth: To the payment of the amounts that must be deposited in any special funds and accounts created and established for the payment, security, and benefit any Inferior Lien Obligations hereafter issued by the City. Any Net Revenues remaining in the System Fund following such transfers may be used by the City for payment of other obligations of the System, and for any other lawful purpose. SECTION 13. Bond Fund - Excess Funds. For purposes of providing funds to pay the principal of and interest on the currently Outstanding Junior Lien Obligations as the same become due and payable, the City agrees to maintain, at the Depository, a separate and special Fund or account to be created and known as the “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds Interest and Sinking Fund” (the Bond Fund). The City covenants that there shall be deposited by an Authorized Official into the Bond Fund prior to each principal and interest payment date from the available Net Revenues an amount equal to one hundred per cent (100%) of the amount required to fully pay the interest on and the principal of the currently Outstanding Junior Lien Obligations then falling due and payable, such deposits to pay maturing principal and accrued interest on the currently Outstanding Junior Lien Obligations to be made in substantially equal monthly installments on or before the 10th day of each month, beginning on or before the 10th day of the month next following the delivery of the Bonds to the Purchasers. As described further in Section 15 hereof, if the Junior Lien Pledged Revenues in any month are insufficient to make the required payments into the Bond Fund, then the amount of any deficiency in such payment shall be added to the amount otherwise required to be paid into the Bond Fund in the next month. The required monthly deposits to the Bond Fund for the payment of principal of and interest on the currently Outstanding Junior Lien Obligations shall continue to be made as hereinabove provided until such time as (i) the total amount on deposit in the Bond Fund and Reserve Fund is equal to the amount required to fully pay and discharge all Outstanding Junior Lien Obligations (principal and interest) or (ii) the Junior Lien Obligations are no longer Outstanding. 99807980.9 -29- Any proceeds of the Bonds, and investment income thereon, not expended for authorized purposes shall be deposited into the Bond Fund and shall be taken into consideration and reduce the amount of monthly deposits required to be deposited into the Bond Fund from the Net Revenues of the System. Any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in such Fund from the Junior Lien Pledged Revenues. SECTION 14. Reserve Fund. To accumulate and maintain a reserve for the payment of the Bonds equal to 100% of the Average Annual Debt Service Requirements or such lesser amount as restricted by the Code (calculated by the City Council at the beginning of each Fiscal Year and as of the date of issuance of the Bonds and each series of Additional Junior Lien Obligations) for the Bonds (the Required Reserve Amount), the City hereby creates and establishes, and shall maintain at a Depository a separate and special fund known as the “Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds Reserve Fund” (the Reserve Fund). Earnings and income derived from the investment of amounts held for the credit of the Reserve Fund shall be retained in the Reserve Fund until the Reserve Fund contains the Required Reserve Amount; thereafter, such earnings and income shall be deposited to the credit of the System Fund. All funds deposited into the Reserve Fund shall be used solely for the payment of the principal of and interest on the Bonds, when and to the extent other funds available for such purposes are insufficient, and, in addition, may be used to retire the last Stated Maturity or Stated Maturities of or interest on the Bonds. The City may acquire a Credit Facility or Facilities issued by a Credit Provider in amounts equal to all or part of the Required Reserve Amount for the Bonds in lieu of depositing cash into the Reserve Fund; provided, however, that no such Credit Facility may be so substituted unless the substitution of the Credit Facility will not, in and of itself, cause any ratings then assigned to the Bonds by any nationally recognized rating agency to be lowered and the resolution authorizing the substitution of the Credit Facility for all or part of the Required Reserve Amount for the Bonds contains (i) a finding that such substitution is cost effective and (ii) a provision that the interest due on any repayment obligation of the City by reason of payments made under such Credit Facility does not exceed the highest lawful rate of interest which may be paid by the City at the time of the delivery of the Credit Facility. The City reserves the right to use Junior Lien Pledged Revenues to fund the payment of (1) periodic premiums on the Credit Facility as a part of the payment of the City’s Operating Expenses, and (2) any repayment obligation incurred by the City (including interest) to the Credit Provider, the payment of which will result in the reinstatement of such Credit Facility, prior to making payments required to be made to the Reserve Fund pursuant to the provisions of this Section to restore the balance in such fund the Required Reserve Amount for the Bonds. Until the issuance of any Additional Junior Lien Obligations (or as from time to time recalculated by the City as provided in the first paragraph of this Section), the Required Reserve Amount is $_____________ (inclusive of the Bonds). Of this amount, $____, representing the increase in the Required Reserve Amount attributable to the issuance of the Bonds, shall be deposited to the Reserve Fund at such time as may be required pursuant to the provisions of this 99807980.9 -30- Section from Revenues, paid from the System Fund at such level of priority as specified in Section 12, by the deposit of monthly installments, made on or before the 10th day of each month following the month in which such obligation to fund the Reserve Fund arises, of not less than 1/60th of the amount to be maintained in the Reserve Fund. As and when Additional Junior Lien Obligations are delivered or incurred, the Required Reserve Amount shall be increased, if required, to an amount calculated in the manner provided in the first paragraph of this Section. Any additional amount required to be maintained in the Reserve Fund shall be so accumulated by the deposit of all or a portion of the necessary amount from the proceeds of the issue or other lawfully available funds in the Reserve Fund immediately after the delivery of the then proposed Additional Junior Lien Obligations, or, at the option of the City, by the deposit of monthly installments, made on or before the business day before the 10th day of each month following the month of delivery of the then proposed Additional Junior Lien Obligations, of not less than 1/60th of the additional amount to be maintained in the Reserve Fund by reason of the issuance of the Additional Junior Lien Obligations then being issued (or 1/60th of the balance of the additional amount not deposited immediately in cash) (such deposits, the Required Reserve Fund Deposits), thereby ensuring the accumulation in the Reserve Fund of the appropriate Required Reserve Amount. When and for so long as the cash and investments in the Reserve Fund equal the Required Reserve Amount, no deposits need be made to the credit of the Reserve Fund; but, if and when the Reserve Fund at any time contains less than the Required Reserve Amount (other than as the result of the issuance of Additional Junior Lien Obligations as provided in the preceding paragraph), the City covenants and agrees to cure the deficiency in the Required Reserve Amount by resuming the Required Reserve Fund Deposits to the Reserve Fund from the Junior Lien Pledged Revenues in monthly deposit amounts equal to not less than 1/60th of the Required Reserve Amount covenanted by the City to be maintained in the Reserve Fund. Any such deficiency payments shall be made on or before the 10th day of each month until the Required Reserve Amount has been fully restored. The City further covenants and agrees that, subject only to the prior payments to be made to the Bond Fund, the Junior Lien Pledged Revenues shall be applied and appropriated and used to establish and maintain the Required Reserve Amount and to cure any deficiency in such amounts as required by the terms of this Ordinance and any other ordinance pertaining to the issuance of Additional Junior Lien Obligations. During such time as the Reserve Fund contains the Required Reserve Amount, the City Council may, at its option, withdraw all surplus funds in the Reserve Fund in excess of the Required Reserve Amount. Any such withdrawn surplus shall be deposited to the Bond Fund or used by the City for any other lawful purpose; provided, however, to the extent that such excess amount represents Bond proceeds, then such amount must be transferred to the Bond Fund or be otherwise used in accordance with then-applicable State law. In the event a Credit Facility issued to satisfy all or a part of the City’s obligation with respect to the Reserve Fund causes the amount then on deposit in the Reserve Fund to exceed the Required Reserve Amount for the Bonds, the City may transfer such excess amount to any fund or funds established for the payment of or security for the Bonds (including any escrow established for the final payment of any such obligations pursuant to the provisions of Chapter 99807980.9 -31- 1207, as amended, Texas Government Code), or be used for any lawful purposes; provided, however, to the extent that such excess amount represents Bond proceeds, then such amount must be transferred to the Bond Fund or be otherwise used in accordance with then-applicable State law. Notwithstanding anything to the contrary contained in this Section, the requirements set forth above to fund the Reserve Fund in the amount of the Required Reserve Amount shall be suspended for such time as the Junior Lien Pledged Revenues for each Fiscal Year are equal to at least 110% of the Average Annual Debt Service Requirements. In the event that the Junior Lien Pledged Revenues for any two consecutive Fiscal Years are less than 110% (unless such percentage is below 100% in any Fiscal Year, in which case the hereinafter–specified requirements will commence after such Fiscal Year) of the Average Annual Debt Service Requirements, the City will be required to commence making the deposits to the Reserve Fund, as provided above, and to continue making such deposits until the earlier of (i) such time as the Reserve Fund contains the Required Reserve Amount or (ii) the Junior Lien Pledged Revenues for a Fiscal Year have been equal to not less than 110% of the Average Annual Debt Service Requirements. SECTION 15. Deficiencies – Excess Junior Lien Pledged Revenues. A. If on any occasion there shall not be sufficient Junior Lien Pledged Revenues to make the required deposits into the Bond Fund, then such deficiency shall be cured as soon as possible from the next available unallocated Junior Lien Pledged Revenues, or from any other sources available for such purpose, and such payments shall be in addition to the amounts required to be paid into these Funds or accounts during such month or months. B. Subject to making the required deposits to the Bond Fund when and as required by any ordinance or resolution authorizing the issuance of the Junior Lien Obligations, the Subordinate Lien Obligations and any Inferior Lien Obligations, the excess Net Revenues of the System may be used by the City for any lawful purpose (as further provided in Section 12 hereof). SECTION 16. Payment of Bonds. While any of the Bonds are Outstanding, an Authorized Official shall cause to be transferred to the Paying Agent/Registrar therefor, from funds on deposit in the Bond Fund, amounts sufficient to fully pay and discharge promptly each installment of interest on and principal of the Bonds as such installment accrues or matures; such transfer of funds must be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar for the Bonds at the close of the business day next preceding the date a debt service payment is due on the Bonds. SECTION 17. Investments. Funds held in any Fund or account created, established, or maintained pursuant to this Ordinance shall, at the option of the City, be placed in time deposits, certificates of deposit, guaranteed investment contracts or similar contractual agreements as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code (collateralized pursuant to the Public Funds Collateral Act, as amended, Chapter 2257, Texas Government Code), or any other law, and secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, 99807980.9 -32- including investments held in book-entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured, or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from any Fund or account will be available at the proper time or times. Such investments (except State and Local Government Series investments held in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market value within 45 days of the close of each Fiscal Year. All interest and income derived from deposits and investments in the Bond Fund immediately shall be credited to, and any losses debited to, the Bond Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 18. Covenants. It is expressly recognized that prior to the issuance of any Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, or Inferior Lien Obligations, that the City must comply with each of the conditions precedent contained in this Ordinance and the City ordinances. A. Performance. It will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of Junior Lien Obligations; it will promptly pay or cause to be paid the principal amount of and interest on all Debt, on the dates and in the places and manner prescribed in such ordinances and such Debt; and it will, at the time and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the System Fund and the Funds herein created; and any registered owner of any Debt may require the City, its officials and employees to carry out, respect or enforce the covenants and obligations of this Ordinance, or any ordinance authorizing the issuance of Debt, by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials and employees. B. City’s Legal Authority. It is a duly created and existing home rule city of the State of Texas, and is duly authorized under the laws of the State of Texas to issue the Bonds; that all action on its part for the issuance of the Bonds has been duly and effectively taken, and that the Bonds in the hands of the owners thereof are and will be valid and enforceable special obligations of the City in accordance with their terms. C. Acquisition and Construction; Operation and Maintenance. (1) It shall use its best efforts in accordance with Prudent Utility Practice to acquire and construct, or cause to be acquired and constructed, any Capital Additions or Capital Improvements, in accordance with the plans and specifications therefor, as modified from time to time, with due diligence and in a sound and economical manner; and (2) it shall at all times use its best efforts to operate or cause to be operated the System properly and in an efficient manner, consistent with Prudent Utility Practice, and shall use its best efforts to maintain, preserve, reconstruct and keep the same or 99807980.9 -33- cause the same to be so maintained, preserved, reconstructed and kept, with the appurtenances and every part and parcel thereof, in good repair, working order and condition, and shall from time to time make, or use its best efforts to cause to be made, all necessary and proper repairs, replacement and renewals so that at all times the operation of the System may be properly and advantageously conducted. D. Title. It has or will obtain lawful title, whether such title is in fee or lesser interest, to the lands, buildings, structures and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures and facilities, and every part thereof, for the benefit of the owners of the Junior Lien Obligations, against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Junior Lien Pledged Revenues to the payment of the Junior Lien Obligations in the manner prescribed herein, and has lawfully exercised such rights. E. Liens. It will from time to time and before the same become delinquent pay and discharge all taxes, assessments and governmental charges, if any, which shall be lawfully imposed upon it, or the System; it will pay all lawful claims for rents, royalties, labor, materials and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and it will not create or suffer to be created any mechanic’s, laborer’s, materialman’s or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided however, that no such tax, assessment or charge, and that no such claims which might be used as the basis of a mechanic’s, laborer’s, materialman’s or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. F. No Free Service. No free service or service otherwise than in accordance with the established rate schedule shall be furnished, directly or indirectly, by the System to any person, firm, corporation or other entity, other than the City. No part of the salary of any official or employee of the City or his replacement shall be paid from Junior Lien Pledged Revenues unless and only to the extent the duties and performances of such official or employee or his replacement appertain directly to the System. To the extent the City receives the services of the System, such services shall be accounted for according to the established rate schedule. G. Further Encumbrance. It will not additionally encumber the Net Revenues of the System in any manner, except as permitted in this Ordinance (which provisions are also included in other City ordinances authorizing other series of Junior Lien Obligations). H. Sale, Lease or Disposal of Property. No part of the System shall be sold, leased, mortgaged, demolished, removed or otherwise disposed of, except as follows: (1) To the extent permitted by law, the City may sell or exchange at any time and from time to time any property or facilities constituting part of the System only if (A) it shall determine such property or facilities are not useful in the operation of the System, or (B) the proceeds of such sale are $250,000 or less, or it shall have received a certificate executed by an Engineer and the City Manager stating, in their opinion, that the fair 99807980.9 -34- market value of the property or facilities exchanged is $250,000 or less, or (C) if such proceeds or fair market value exceeds $250,000 it shall have received a certificate executed by an Engineer and the City Manager stating (i) that system within the System of which the property or facilities comprises a part thereof and (ii) in their opinion, that the sale or exchange of such property or facilities will not impair the ability of the City to comply during the current or any future Fiscal Year with the provisions of Subsection K of this Section. The proceeds of any such sale or exchange not used to acquire other property necessary or desirable for the safe or efficient operation of the System shall forthwith, at the option of the City (i) be used to redeem or purchase Debt, or (ii) otherwise be used to provide for the payment of Debt. The foregoing notwithstanding, if such property or facilities sold or exchanged constituted property or facilities comprising all or a part of a system within the System, the acquisition, improvement or extension of such system having not been financed by the City in any manner with the proceeds of Debt, or with the proceeds of obligations which were refunded in whole or in part with the proceeds of Debt, then the City may utilize the proceeds of such sale or exchange for any lawful purpose; and (2) To the extent permitted by law, the City may lease or make contracts or grant licenses for the operation of, or make arrangements for the use of, or grant easements or other rights with respect to, any part of the System, provided that any such lease, contract, license, arrangement, easement or right (A) does not impede the operation by the City of the System and (B) does not in any manner impair or adversely affect the rights or security of the owners of the Debt under this Ordinance; and provided, further, that if the depreciated cost of the property to be covered by any such lease, contract, license, arrangement, easement or other right is in excess of $500,000, the City shall have received a certificate executed by an Engineer and the City Manager that the action of the City with respect thereto does not result in a breach of the conditions under this clause (2). Any payments received by the City under or in connection with any such lease, contract, license, arrangement, easement or right in respect of the System or any part thereof shall constitute Gross Revenues. I. Books, Records and Accounts. It shall keep proper books, records and accounts separate and apart from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to the System and the City shall cause said books and accounts to be audited annually as of the close of each Fiscal Year by the Accountant. J. Insurance. (1) Except as otherwise permitted in clause (2) below, it shall cause to be insured such parts of the System as would usually be insured by corporations operating like properties, with a responsible insurance company or companies, against risks, accidents or casualties against which and to the extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance shall also be carried unless the City Attorney gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. At any time while any 99807980.9 -35- contractor engaged in construction work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being constructed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the bondholders and their representatives at all reasonable times. (2) In lieu of obtaining policies for insurance as provided above, the City may self-insure against risks, accidents, claims or casualties described in clause (1) above. (3) The annual audit hereinafter required shall contain a section commenting on whether or not the City has complied with the requirements of this Section with respect to the maintenance of insurance, and listing the areas of insurance for which the City is self-insuring, all policies carried, and whether or not all insurance premiums upon the insurance policies to which reference is hereinbefore made have been paid. K. Audits. After the close of each Fiscal Year while any Debt is Outstanding, an audit will be made of the books and accounts relating to the System and the Net Revenues by the Accountant. Such annual audit reports shall be open to the inspection of the registered owners of Debt and their agents and representatives at all reasonable times. L. Governmental Agencies. It will comply with all of the terms and conditions of any and all franchises, permits and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation and maintenance of the System. M. No Competition. To the extent it legally may, it will not grant any franchise or permit for the acquisition, construction or operation of any competing facilities which might be used as a substitute for the System’s facilities, and, to the extent that it legally may, the City will prohibit any such competing facilities. N. Rights of Inspection. The Engineer or any registered owner of $100,000 in aggregate principal amount of the Debt then Outstanding shall have the right at all reasonable times to inspect the System and all records, accounts and data of the City relating thereto, and upon request the City shall furnish to an Engineer or such registered owner, as the case may be, such financial statements, reports and other information relating to the City and the System as an Engineer or such registered owner may from time to time reasonably request. SECTION 19. Issuance of Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, and Inferior Lien Obligations. The City hereby expressly reserves the right to hereafter issue bonds, notes, warrants, certificates of obligation, or similar obligations, payable, wholly or in part, as appropriate, from and secured by a pledge of and lien on the Net Revenues of the System with the following priorities, without limitation as to principal amount, but subject to any terms, conditions, or restrictions applicable thereto under existing ordinances, laws, or otherwise: A. Additional Junior Lien Obligations, secured by and payable from the Junior Lien Pledged Revenues, which includes (primarily) a first and prior lien on and pledge of Net 99807980.9 -36- Revenues that is senior and superior to the lien there on and pledge thereof securing the repayment of the Subordinate Lien Obligations and any Inferior Lien Obligations, upon satisfying each of the following conditions precedent: (1) The City Manager (or other officer of the City then having the responsibility for the financial affairs of the City) shall have executed a certificate stating (i) that the City is not then in default as to any covenant, obligation or agreement contained in any ordinance or other proceeding relating to any obligations of the City payable from and secured by a lien on and pledge of the Net Revenues and (ii) that the amounts on deposit in all Funds or Accounts created and established for the payment and security of all Outstanding obligations payable from and secured by a lien on and pledge of the Net Revenues are the amounts then required to be deposited therein. Such certificate shall be dated on or before the date of delivery of such Additional Junior Lien Obligations, but such certificate shall not be dated prior to the date an ordinance is passed authorizing the issuance of such Additional Junior Lien Obligations. (2) Conditions Precedent for Issuance of Additional Junior Lien Obligations – Capital Improvements and for any other Lawful Purpose except for Capital Additions or for Refunding. The City covenants and agrees that Additional Junior Lien Obligations will not be issued for the purpose of financing Capital Improvements, or for any other lawful purpose (except for Capital Additions or for refunding, which are to be issued in accordance with the provisions of Subsection (3) of this Section and Section 20 hereof, respectively) unless and until the conditions precedent in Subsection (1) above have been satisfied and, in addition thereto, the City has secured a certification of the City Manager to the effect that, according to the books and records of the City, the Net Earnings (as hereinafter defined) for the preceding Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Junior Lien Obligations is adopted are at least equal to 1.15 times the Average Annual Debt Service Requirements for all then-Outstanding Junior Lien Obligations after giving effect to the Additional Junior Lien Obligations then proposed. The foregoing notwithstanding, the City covenants and agrees that Additional Junior Lien Obligations may not be issued for the purpose of financing Capital Improvements when other Outstanding Junior Lien Obligations which have been issued for the purpose of financing Capital Additions and for which capitalized interest for such other Junior Lien Obligations has been provided for at least the twelve months subsequent to the date of issuance of the Additional Junior Lien Obligations then proposed to be issued, unless the conditions precedent in Subsection (1) above have been satisfied and, in addition thereto, the City has either (1) complied with the relevant conditions in this Subsection as set forth above, or (2) if the relevant conditions of this Subsection (2) as set forth above cannot be satisfied, the City has satisfied the conditions precedent in Subsection (3)(i) and (ii) of this Section (but, for purposes of such clauses, the term Capital Improvements shall be substituted for the term Capital Additions where the term Capital Additions appears therein to the extent necessary to give recognition to the fact that Capital Improvements, rather than Capital Additions, are then to be financed) and has secured a certification of the City Manager to the effect that, according to the books and records of the City, the Net Earnings for the preceding Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the 99807980.9 -37- Additional Junior Lien Obligations is adopted are at least equal to 1.15 times the Average Annual Debt Service Requirements for all then-Outstanding Junior Lien Obligations (other than Junior Lien Obligations issued for Capital Additions for which capitalized interest has been provided for at least the twelve months subsequent to the date of issuance of the Additional Junior Lien Obligations proposed to be issued) after giving effect to the Additional Junior Lien Obligations then proposed to be issued. (3) Conditions Precedent for Issuance of Additional Junior Lien Obligations – Capital Additions: Initial Issue. The City covenants and agrees that Additional Junior Lien Obligations will not be issued for the purpose of financing Capital Additions, unless the same conditions precedent specified in Subsection (1) above have been satisfied and, in addition thereto, either the relevant conditions precedent specified in Subsection (1) above are satisfied or, in the alternative, the City shall have obtained: (i) from an Engineer a comprehensive engineering report for each Capital Addition to be financed, which report shall (A) contain (1) detailed estimates of the cost of acquiring and constructing the Capital Addition, (2) the estimated date the acquisition and construction of the Capital Addition will be completed and commercially operative, and (3) a detailed analysis of the impact of the Capital Addition on the financial operations of the system for which the Capital Addition is to be integrated and to the System as a whole during the construction thereof and for at least five Fiscal Years after the date the Capital Addition becomes commercially operative, and (B) conclude that (1) the Capital Addition is necessary and will substantially increase the capacity, or is needed to replace existing facilities, to meet current and projected demands for the service or product to be provided thereby, and (2) the estimated cost of providing the service or product from the Capital Addition will be reasonable in comparison with projected costs for furnishing such service or product from other reasonably available sources; and (ii) a certificate of an Engineer to the effect that, based on an engineering report prepared thereby for each Capital Addition, the projected Net Earnings for each of the five Fiscal Years subsequent to the date the Capital Addition becomes commercially operative (as estimated in the engineering report) will be equal to at least 1.15 times the Average Annual Debt Service Requirements for the currently Outstanding Junior Lien Obligations or incurred and all Additional Junior Lien Obligations estimated to be issued, if any, for all Capital Improvements and for all Capital Additions then in progress or then being initiated, during the period from the date the first series of obligations for the Capital Additions is to be delivered through the fifth Fiscal Year subsequent to the date the Capital Addition is estimated to become commercially operative. (4) Completion Issues. Once a Capital Addition has been initiated by meeting the conditions precedent specified in Subsection (3)(i) and (ii) above and the initial Junior Lien Obligations issued therefor are delivered, the City reserves the right to issue Additional Junior Lien Obligations to finance the remaining costs of such Capital Addition in such amounts as may be necessary to complete the acquisition and construction thereof and make the same commercially operative without satisfaction of any condition precedent under Subsection (3)(i) and (ii) or Subsection (1) of this Section but subject to satisfaction of the following conditions precedent: (i) the City makes a forecast (the Forecast) of the operations of the System demonstrating the System’s ability to pay all obligations, payable from the Net Revenues of the System to be Outstanding 99807980.9 -38- after the issuance of the Additional Junior Lien Obligations then being issued for the period (the Forecast Period) of each ensuing Fiscal Year through the fifth Fiscal Year subsequent to the latest estimated date such Capital Addition is expected to be commercially operative; and (ii) an Engineer reviews such Forecast and executes a certificate to the effect that (A) such Forecast is reasonable, and based thereon (and such other factors deemed to be relevant), the Net Revenues of the System will be adequate to pay all the obligations, payable from the Junior Lien Pledged Revenues of the System to be Outstanding after the issuance of the Additional Junior Lien Obligations then being issued for the Forecast Period and (B) the proceeds from the sale of such Additional Junior Lien Obligations are estimated to be sufficient to complete such acquisition and construction. (5) Computations; Reports. With reference to Junior Lien Obligations anticipated and estimated to be issued or incurred, the Average Annual Debt Service Requirements therefor shall be those reasonably estimated and computed by the City’s Director of Financial Services (or other officer of the City then having the primary responsibility for the financial affairs of the City) after giving effect to the receipt or anticipated receipt of a refundable tax credit or similar payment relating to any series of Junior Lien Obligations irrevocably designated as refundable tax credit bonds, which payment shall be treated as an offset to regularly scheduled debt service of the series of Junior Lien Obligations to which it relates. In the preparation of the engineering report required in Subsection (3)(i) above, an Engineer may rely on other experts or professionals, including those in the employment of the City, provided such engineering report discloses the extent of such reliance and concludes it is reasonable so to rely. In connection with the issuance of Junior Lien Obligations for Capital Additions, the certification of the City Manager and an Engineer, together with the engineering report for the initial issue and the Forecast for a subsequent issue, shall be conclusive evidence and the only evidence required to show compliance with the provisions and requirements and this clause of this Section. (6) Combination Issues. Junior Lien Obligations for Capital Additions may be combined in a single issue with Junior Lien Obligations for Capital Improvements or for any lawful purpose provided the conditions precedent set forth in Subsection (2) through (4) are complied with as the same relate to the appropriate purpose. (7) Definition of Net Earnings. As used in this Section, the term Net Earnings shall mean the Gross Revenues of the System after deducting the Operating Expenses of the System and those items identified in the SECOND level of priority in Section 12 hereof, but not expenditures which, under standard accounting practice, should be charged to capital expenditures. (8) Determination of Net Earnings. In making a determination of Net Earnings for any of the purposes described in this Section, the City Manager may take into consideration a change in the rates and charges for services and facilities afforded by the System that became effective at least 60 days prior to the last day of the period for which Net Earnings are determined and, for purposes of satisfying any of the Net Earnings test described above, make a pro forma determination of the Net Earnings of the 99807980.9 -39- System for the period of time covered by the City Manager’s certification or opinion based on such change in rates and charges being in effect for the entire period covered by the City Manager’s certificate or opinion. B. The City may issue Additional Subordinate Lien Obligations secured by a lien on and pledge of the Net Revenues of the System subordinate and inferior to the lien thereon and pledge thereof securing the Junior Lien Obligations and that is included in the Junior Lien Pledged Revenues, respectively, and senior and superior to the lien there on and pledge thereof securing the repayment of the Inferior Lien Obligations, on the terms and conditions desired by the City, subject only to the limitations imposed by applicable law and upon satisfying each of the conditions precedent contained in this Ordinance and the Previously Issued Subordinate Lien Obligations. C. The City may issue Inferior Lien Obligations secured by a lien on and pledge of the Net Revenues of the System subordinate and inferior to the lien thereon and pledge thereof securing the Junior Lien Obligations and Subordinate Lien Obligations and that is included in the Junior Lien Pledged Revenues, respectively, on the terms and conditions desired by the City, subject only to the limitations imposed by applicable law and upon satisfying each of the conditions precedent contained in the ordinances authorizing the issuance of this Ordinance. SECTION 20. Refunding Bonds. The City reserves the right to issue refunding bonds to refund all or any part of the currently Outstanding Debt, pursuant to any applicable law then available, upon such terms and conditions as the City Council may deem to be in the best interest of the City, and if less than all such currently Outstanding Debt are refunded, the conditions precedent prescribed for the issuance of Additional Junior Lien Obligations set forth in Section 19 of this Ordinance shall be satisfied and the City Managers’ certification required in Section 19 shall give effect to the Debt Service Requirements of the proposed refunding bonds (but shall not give effect to the Debt Service Requirements of the obligations being refunded following their cancellation or provision being made for their payment). SECTION 21. Issuance of Special Project Bonds. Nothing in this Ordinance shall be construed to deny the City the right and it shall retain the right to issue Special Project Bonds, provided, however, the City will not issue Special Project Bonds unless the City concludes, upon recommendation of the City Council, that (i) the plan for developing the Special Project is consistent with sound planning, (ii) the Special Project would not materially and adversely interfere with the operation of the System, (iii) the Special Project can be economically and efficiently operated and maintained, and (iv) the Special Project can be economically and efficiently utilized by the City to meet combined utility system requirements and the cost of such will be reasonable. SECTION 22. Security of Funds. All money on deposit in the funds or accounts for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and money on deposit in such Funds or accounts shall be used only for the purposes permitted by this Ordinance. 99807980.9 -40- SECTION 23. Remedies in Event of Default. The Purchasers may exercise all rights and remedies available to it in law or equity, and any provision of the Bonds that restricts or limits the Purchasers’ full exercise of these remedies shall be of no force and effect. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedy herein provided shall be cumulative of all other existing remedies and the specification of such remedy shall not be deemed to be exclusive. SECTION 24. Notices to Holders Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first-class postage prepaid, to the address of each Holder as it appears in the Security Register. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 25. Bonds Are Negotiable Instruments. Each of the Bonds authorized herein shall be deemed and construed to be a “security” and as such a negotiable instrument with the meaning of the Chapter 8 of the Texas Uniform Commercial Code. SECTION 26. Cancellation. All Bonds surrendered for payment, transfer, redemption, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. 99807980.9 -41- SECTION 27. Mutilated, Destroyed, Lost, and Stolen Bonds. If (i) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (ii) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses (including attorney’s fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 28. Confirmation of Sale; Approval of Private Placement Memorandum. The sale of the Bonds to the Texas Water Development Board (the Purchaser) for the purchase price of $11,425,000, which represents a purchase price of par, less the Purchaser’s origination fee of $____ and no accrued interest, pursuant to a loan commitment received from the Purchaser, is hereby confirmed. The pricing and terms of the Bonds are hereby found and determined to be the most advantageous reasonably obtained from the City. Delivery of the Bonds shall be made to the Purchaser as soon as practicable after the adoption of this Ordinance, upon payment therefor by federal funds wire transfer, at no cost to the Purchaser, in accordance with the terms of sale. Furthermore, the City hereby approves in all respects the City’s Private Placement Memorandum prepared in conjunction with the sale of the Bonds and to be delivered to the Purchaser on the Closing Date. The Mayor or Mayor Pro Tem and/or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Private Placement Memorandum in final form as may be required by the Purchaser, and such final Private Placement Memorandum in the form and content manually executed by said 99807980.9 -42- officials shall be deemed to be approved by the City Council and constitute the Private Placement Memorandum authorized for deliver to the Purchaser. SECTION 29. Compliance with Purchaser’s Rules and Regulations. The City will comply with all of the requirements contained in the resolution or resolutions adopted by the Purchaser with respect to the issuance of the Bonds. In addition, in compliance with the Purchaser’s State Water Implementation Fund for Texas Program Rules, the City agrees and covenants so long as the Purchaser is the sole Holder of the Bonds: A. to keep and maintain full and complete records and accounts pertaining to the construction of the project refinanced with the proceeds of sale of the Bonds, including the Escrow Fund (defined herein), in accordance with the standards set forth by the Government Accounting Standard Board; B. to create and establish at the Depository a “City of Corpus Christi, Texas State Water Implementation Fund for Texas Construction Fund” (the Construction Fund) for the receipt and disbursement of all proceeds from the sale of the Bonds and all other funds acquired by the City in connection with the planning and construction of the projects financed, in whole or in part, by the Purchaser pursuant to the loan evidenced by the Bonds and all funds deposited to the credit of the Construction Fund shall be disbursed only for the payment of costs and expenses incurred in connection with the planning and building of such projects as approved by the Purchaser and as otherwise allowed by the rules; C. to provide the Purchaser with copies of “as built plans” pertaining to the projects financed, in whole or in part, with any funds of the Purchaser; D. upon completion of the construction of the projects financed, in whole or in part, by the loan evidenced by the Bonds, to provide a final accounting to the Purchaser of the total costs of the projects. In determining the amount of available funds for building the project, the City agrees to account for all amounts deposited to the credit of the Construction Fund, including all loan funds extended by the Purchaser, all other funds available from the projects as described in the project engineer’s or fiscal representative’s sufficiency of funds statement and all interest earned by the City on money in the Construction Fund. Amounts determined to represent excess or unneeded Bond proceeds shall, at the City’s option and upon receipt of prior approval of the Executive Administrator of the Purchaser, be (i) used to redeem Bonds in accordance with Section 4.B hereof, (ii) deposited to the Bond Fund for the purpose of paying scheduled debt service on the Bonds, or (iii) used to pay eligible costs of the project for which the Bonds were issued, as first approved by the Executive Administrator of the Purchaser; E. in addition to the requirements contained in Section 18.I hereof, to maintain current, accurate, and complete records and accounts necessary to demonstrate compliance with financial assistance related legal and contractual provisions; F. to comply with any special conditions specified by the Purchaser’s water conservation plan as specified in 31 TAC 363.42(a)(2)(F) until all financial obligations to the Purchaser have been discharged; 99807980.9 -43- G. to abide by the Purchaser’s rules and relevant state statutes now or hereafter existing, including, but not limited to, the Purchasers’ pre-design funding procedures; H. to not use Bond proceeds to pay for the cost of sampling, testing, removing or disposing of contaminated soils and/or media at the project site; I. to report to the Purchasers the amounts of project funds, if any, that were used to compensate historically underutilized businesses that worked on the project, in accordance with 31 TAC § 363.1312; J. to notify the Executive Administrator of the Purchaser prior to taking any actions to alter the legal status of the City Council in any manner (such as a sale-transfer-merger with another retail public utility that results in a change in governance of the System) and to receive approval from the Purchaser of any action to convey the City’s obligations to the Purchaser, as the Holder of the Bonds, to another entity; K. to the extent permitted by law, to indemnify, hold harmless, and protect the Purchaser from any and all claims, causes of action, or damages to the person or property of third parties arising from the sampling, analysis, transport, storage, treatment and disposition of any contaminated sewage sludge, contaminated sediments and/or contaminated media that may be generated by the City, its contractors, consultants, agents, officials, and employees as a result of activities relating to the project refinanced with proceeds of the Bonds to the extent permitted by law; L. to comply, and take steps to assure that its contractors and sub-contractors shall comply with the Davis Bacon Act (being Subchapter IV of Chapter 31 of Title 40 of the United States Code), and the United Stated Department of Labor’s implementing regulations therefor, with respect to projects financed with proceeds of the Bonds; M. to submit outlay reports with sufficient documentation on costs on a quarterly or monthly basis in accordance with the Purchaser’s outlay report guidelines; N. to provide the Purchaser with all information required to be reported in accordance with the Federal Funding Accountability and Transparency Act of 2006, Pub. L. 109-282, and the City shall obtain a Data Universal Numbering System Number, register with the System for Award Management (SAM), and maintain current registration at all times while the Bonds remain Outstanding; O. to timely and expeditiously use all loan proceeds as required by federal statutes and EPA regulations, and in adherence to the project schedule approved by the Purchaser’s Executive Administrator (which shall not be altered except for good cause shown and only with the written approval of the Purchaser’s Executive Administrator); P. to not use any portion of the Bond proceeds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire Nonpurpose Investments (as defined in Section 31 hereof) which produce a yield materially higher than the yield on the Purchaser’s bonds that are used to provide the Purchaser with proceeds that it will use to 99807980.9 -44- purchase the Bonds (the Source Series Bonds), other than Nonpurpose Investments acquired with: (1) Proceeds of the Source Series Bonds invested for a reasonable temporary period of up to three (3) years (reduced by the period of investment by the Purchaser) until such proceeds are needed for the facilities to be financed; (2) Amounts invested in a bona fide debt service fund, within the meaning of §1.148-1(b) of the Regulations (as defined in Section 31 hereof); and (3) Amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed the least of maximum annual debt service on the Bonds, 125% of average annual debt service on the Bonds, or 10% of the stated principal amount (or, in the case of a discount, the issue price) of the Bonds; Q. to not acquire any of the Source Series Bonds in an amount related to the amount of the Bonds; R. to provide documentation that the all applicable State procurement requirements, as well as all federal procurement requirements, under the Disadvantaged Business Enterprises program are met; S. to provide a schedule prepared by an Engineer, specifying the useful life of the components of the project refinanced with Bond proceeds; T. the City will comply with the conditions included in the Purchaser’s environmental finding, when issued; U. any proceeds from the Bonds that are determined to be surplus proceeds remaining after completion of the project financed with the Bond proceeds and completion of a final accounting in a manner approved by the Executive Administrator; V. that the City shall abide by all applicable construction contract requirements related to the use of iron and steel products produced in the United States, as required by Texas Government Code, Chapter 2252, Subchapter G and Texas Water Code § 17.183; W. the City will refrain from using the proceeds of the Bonds to pay debt service on another issue of obligations of the borrower in contravention of section 149(d) of the Code; and X. the Bonds shall be governed by the additional debt test and reserve requirement as provided in the currently outstanding “City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2017” held by the Purchaser. SECTION 30. Application of Bond Proceeds. A. Proceeds from the sale of the Bonds shall, promptly upon receipt by the City, be applied as follows: 99807980.9 -45- (1) An amount identified in instructions from any Authorized Official shall be deposited in the Construction Fund for the payment of certain costs of issuance relating to the Bonds and certain other costs relating to the improvement of the System and such amount may be deposited in the Escrow Agreement authorized by the provisions of Section 44 hereof. (2) The amount identified in Section 14, if any, shall be deposited to the Reserve Fund to satisfy the increase in the Required Reserve Amount attributable to the issuance of the Bonds. Any proceeds of the Bonds remaining after making all such deposits and payments shall be deposited into the Bond Fund. SECTION 31. Covenants to Maintain Tax-Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148-1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148-1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and 99807980.9 -46- (2) the Bonds means the yield on the Bonds, calculated in the manner set forth in Section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent it will not cause the Bonds to become “private activity bonds” within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: a. exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and b. not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent it will not cause the Bonds to become “private activity bonds” within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds, to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be “loaned” to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of 99807980.9 -47- such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent it will not cause the Bonds to become “arbitrage bonds” within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: a. The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. b. Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. c. As additional consideration for the purchase of the Bonds by the Purchaser and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; 99807980.9 -48- and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. d. The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm’s length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) The City reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after the Bonds are issued. (2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of four years or more. K. Elections. The City hereby directs and authorizes each Authorized Official, or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Such elections shall be deemed to be made on the Closing Date. SECTION 32. Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery of the Bonds to the Purchaser. Furthermore, any of the Mayor of the City, Mayor Pro Tem of the City, any Authorized Official, or any combination of them are hereby authorized and directed to furnish and execute 99807980.9 -49- such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City’s Bond Counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond to the Purchaser. SECTION 33. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the lien on and pledge of Junior Lien Pledged Revenues made under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. The Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar or an authorized escrow agent and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. In the event of a defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, an independent accounting firm, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. To the extent applicable, if at all, the City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 31 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity or applicable redemption date, of the Bonds such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, 99807980.9 -50- provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 34. Ordinance a Contract; Amendments – Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, binding on the City and its successors and assigns, and it shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 35. Printed Opinion. The Purchaser’s obligation to accept delivery of the Bonds is subject to their being furnished a final opinion of Norton Rose Fulbright US LLP, as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of said Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City’s Secretary is hereby approved and authorized. SECTION 36. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 37. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 38. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or 99807980.9 -51- by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, Financial Advisors, the Paying Agent/Registrar, and the Holders. SECTION 39. Inconsistent Provisions. All resolutions and ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 40. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 41. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 42. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 43. Authorization of Paying Agent/Registrar Agreement. The City Council hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 44. Authorization of Escrow Agreement. To the extent the hereinafter- described Escrow Agreement is required to comply with the Purchaser’s requirements, the City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of an Escrow Agreement to comply with the Purchaser’s pre-design funding option rules and regulations. A copy of the Escrow Agreement is attached hereto, in substantially final form, as Exhibit B, and is incorporated by reference to the provisions of this Ordinance. Any Authorized Official, or his or her designee is authorized to execute the Escrow Agreement as the act and deed of the City Council. SECTION 45. Application to Texas Water Development Board. The City Council ratifies and confirms its prior approval of the form and content of the Application to the Texas Water Development Board (the Application) prepared in connection with the sale of the Bonds to the Purchaser and hereby approves the form and content of any addenda, supplement, or amendment thereto. SECTION 46. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. 99807980.9 -52- SECTION 47. Continuing Disclosure of Information. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB’s Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. Financial Obligation means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that “financial obligation” shall not include municipal securities (as defined in the Securities Exchange Act of 1934, as amended) as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. Undertaking means the City’s continuing disclosure undertaking, described in subsections B through F below, hereunder accepted and entered into by the City for the purpose of compliance with the Rule. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each Fiscal Year of the City ending in or after 2020 financial information and operating data with respect to the System of the general type described in Exhibit C hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit C hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited financial statements for the applicable Fiscal Year to the MSRB, when and if the audit report on such statements becomes available. If the City changes its Fiscal Year, it will file notice thereof with the MSRB of the change (and of the date of the new Fiscal Year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: 99807980.9 -53- (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of Holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) Appointment of a successor or additional Paying Agent/Registrar or the change of name of a Paying Agent/Registrar, if material; (15) Incurrence of a Financial Obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any of which affect security holders, if material; and (16) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties. 99807980.9 -54- For these purposes, (a) any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City, and (b) the City intends the words used in the immediately preceding paragraphs (15) and (16) and the definition of Financial Obligation in this Section to have the same meanings as when they are used in the Rule, as evidenced by SEC Release No. 34-83885, dated August 20, 2018. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an “obligated person” with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. 99807980.9 -55- Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format – Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word-searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the United States Securities and Exchange Commission. F. General Policies and Procedures Concerning Compliance with the Rule. Because the issuance of the Bonds is subject to the provisions of the Rule and because the potential “underwriters” in a negotiated sale of the Bonds or the initial purchasers in a competitive sale of the Bonds may be subject to MSRB rules and regulations with respect to such sale (including certain due diligence and suitability requirements, among others), the City hereby adopts the General Policies and Procedures Concerning Compliance with the Rule (the Policies 99807980.9 -56- and Procedures), attached hereto as Exhibit E, with which the City shall follow to assure compliance with the Undertaking. The City has developed these Policies and Procedures for the purpose of meeting its requirements of the Undertaking and, in connection therewith, has sought the guidance from its internal staff charged with administering the City’s financial affairs, its municipal or financial advisors, its legal counsel (including its Bond Counsel), and its independent accountants (to the extent determined to be necessary or advisable). The Policies and Procedures can be amended at the sole discretion of the City and any such amendment will not be deemed to be an amendment to the Undertaking. Each Authorized Official is hereby authorized to amend the Policies and Procedures as a result of a change in law, a future issuance of indebtedness subject to the Rule, or another purpose determined by the Authorized Official to be necessary or desirable for or with respect to future compliance with the Undertaking. SECTION 48. Book-Entry Only System. The Bonds initially shall be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bond described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word “Cede & Co.” in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter 99807980.9 -57- shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. However, the City will not discontinue the use of DTC without prior notice and consent of the Purchaser for so long as the Purchaser is the Holder of any of the Bonds. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository’s agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 49. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Agreement, the Paying Agent/Registrar Agreement, and the Application to the Purchaser. In addition, prior to the initial delivery of the Bonds, each Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General’s office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 50. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. 99807980.9 -58- SECTION 51. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 52. Automatic Budget Amendments to Reflect Final Debt Service Payments. To the extent that the City Council has adopted an annual budget that includes payment of debt service on any Bonds issued (or to be issued) pursuant to this Ordinance based on the City’s reasonable expectations and projections relative to those Bonds, such budget entries shall, upon the issuance of Bonds, be automatically adjusted to reflect actual debt service payments on those Bonds coming due during the period of time covered by such budget. Each Authorized Official, or the designee thereof, is authorized to make such necessary budget entries and/or adjustments to reflect these final debt service amounts. SECTION 53. Covenants of Compliance. The City shall faithfully and punctually perform all duties with reference to the System required by Chapter 1502, all other applicable laws of the State of Texas, and the provisions of this Ordinance and that the City shall render no free service to any customers or other persons. SECTION 54. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine, or neuter gender shall be considered to include the other genders. SECTION 55. Ancillary Bond Contracts. Though such parties may be identified, and the entry into a particular form of contract may be authorized herein, the City Council hereby delegates to each Authorized Official the authority to independently select the counterparty to any agreement with any paying agent/registrar, escrow agent, rating agency, securities depository, or any other contract that is determined by an Authorized Official, the City’s Financial Advisor, or the City’s Bond Counsel to be necessary or incidental to the issuance of the Bonds as long as each of such contracts has a value of less than the amount referenced in Section 2252.908 of the Texas Government Code (collectively, the Ancillary Bond Contracts); and, as necessary, to execute the Ancillary Bond Contracts on behalf and as the act and deed of the City. The Governing Body has not participated in the selection of any of the business entities which are counterparties to the Ancillary Bond Contracts. SECTION 56. City’s Consent to Provide Information and Documentation to the Texas MAC. The Municipal Advisory Council of Texas (the Texas MAC), a non-profit membership corporation organized exclusively for non-profit purposes described in section 501(c)(6) of the Internal Revenue Code and which serves as a comprehensive financial information repository regarding municipal debt issuers in Texas, requires provision of written documentation regarding the issuance of municipal debt by the issuers thereof. In support of the purpose of the Texas MAC and in compliance with applicable law, the City hereby consents to and authorizes any Authorized Official, the City’s Bond Counsel, and/or the City’s Financial Advisor to provide to the Texas MAC information and documentation requested by the Texas MAC relating to the Certificates; provided, however, that no such information and documentation shall be provided prior to the Closing Date. This consent and authorization relates only to information and documentation that is a part of the public record concerning the issuance of the Bonds. 99807980.9 -59- SECTION 57. Effective Date. This Ordinance shall be in force and effect from and after its final passage, and it is so ordained. [The remainder of this page intentionally left blank.] 99807980.9 S-1 SIGNED AND SEALED THIS 20th DAY OF OCTOBER, 2020. CITY OF CORPUS CHRISTI, TEXAS __________________________________________ Mayor ATTEST: ____________________________________ City Secretary (SEAL) APPROVED THIS 20th DAY OF OCTOBER, 2020: _______________________________________ Miles Risley, City Attorney 99807980.9 S-2 THE STATE OF TEXAS § § COUNTIES OF NUECES, § ARANSAS, KLEBERG, AND § SAN PATRICIO § § CITY OF CORPUS CHRISTI § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 20th day of October, 2020, authorizing the issuance of the City’s Utility System Junior Lien Revenue Improvement Bonds, New Series 2020C, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 20th day of October, 2020. City Secretary (CITY SEAL) 99807980.9 S-3 The foregoing ordinance was read for the first time and passed to its second reading on this the 13th day of October, 2020, by the following vote: Joe McComb ____________ Rudy Garza ___________ Paulette Guajardo ____________ Michael T. Hunter ____________ Everett Roy ____________ Ben Molina ____________ Roland Barrera ____________ Greg Smith ____________ Gil Hernandez ____________ That the foregoing ordinance was read for the second time and passed finally on this the 20th day of October, 2020, by the following vote: Joe McComb ____________ Rudy Garza ___________ Paulette Guajardo ____________ Michael T. Hunter ____________ Everett Roy ____________ Ben Molina ____________ Roland Barrera ____________ Greg Smith ____________ Gil Hernandez ____________ PASSED AND APPROVED, this the 20th day of October, 2020. ATTEST: __________________________________ _____________________________ Rebecca Huerta Joe McComb City Secretary Mayor 99807980.9 Index-1 INDEX TO SCHEDULES AND EXHIBITS Exhibit A ................................................................................... Paying Agent/Registrar Agreement Exhibit B ............................................................................................................. Escrow Agreement Exhibit C .................................................................... Description of Annual Financial Information Exhibit D .......................................................................................... DTC Letter of Representations Exhibit E ........................ General Policies and Procedures Concerning Compliance With the Rule 99807980.9 A-1 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. _ 99807980.9 B-1 EXHIBIT B Escrow Agreement See Tab No. _ 99807980.9 C-1 EXHIBIT C Description of Annual Financial Information The following information is referred to in Section 47 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Application referred to) below: The City’s audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the City referenced in the Application, but for the most recently concluded fiscal year. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. 99807980.9 D-1 EXHIBIT D DTC Letter of Representation See Tab No. _ 99807980.9 E-1 EXHIBIT E General Policies and Procedures Concerning Compliance with the Rule I. Capitalized terms used in this Exhibit have the meanings ascribed thereto in Section 47 of the Ordinance. Bonds refer to the Bonds that are the subject of the Ordinance to which this Exhibit is attached. II. As a capital markets participant, the City is aware of its continuing disclosure requirements and obligations existing under the Rule prior to February 27, 2019, the effective date of the most recent amendment to the Rule (the Effective Date), and has implemented and maintained internal policies, processes, and procedures to ensure compliance therewith. Adherence to these internal policies, processes, and procedures has enabled underwriters in non- exempt negotiated sales and initial purchasers in non-exempt competitive sales to comply with their obligations arising under various MSRB rules and regulations concerning due diligence and findings of suitability, among other matters, regarding the City’s compliance with the Rule. III. The City is aware that the Rule was amended as of the Effective Date (the Rule Amendment) and has accommodated this amendment by adding subparagraphs (15) and (16) to Section 47C of the Ordinance, which provisions are a part of the Undertaking. IV. The City is aware that “participating underwriters” (as such term is defined in the Rule) of the Bonds must make inquiry and reasonably believe that the City is likely to comply with the Undertaking and that the standards for determining compliance have increased over time as a result of, among others, the United States Securities and Exchange Commission’s Municipalities Continuing Disclosure Cooperation Initiative and regulatory commentary relating to the effectiveness of the Rule Amendment. V. The City now establishes the following general policies and procedures (the Policies and Procedures) for satisfying its obligations pursuant to the Undertaking, which policies and procedures have been developed based on the City’s informal policies, procedures, and processes utilized prior to the Effective Date for compliance with the City’s obligations under the Rule, the advice from and discussions with the City’s internal senior staff (including staff charged with administering the City’s financial affairs), its co-municipal or financial advisors, its legal counsel (including Bond Counsel), and its independent accountants, to the extent determined to be necessary or advisable (collectively, the Compliance Team): 1. The Director of Financial Services (the Compliance Officer) shall be responsible for satisfying the City’s obligations pursuant to the Undertaking through adherence to these Policies and Procedures; 2. the Compliance Officer shall establish reminder or “tickler” systems to identify and timely report to the MSRB, in the format thereby prescribed from time to time, the City’s information of the type described in Section 47B of the Ordinance; 99807980.9 E-1 3. the Compliance Officer shall promptly determine the occurrence of any of the events described in Section 47C of the Ordinance; 4. the Compliance Officer shall work with external consultants of the City, as and to the extent necessary, to timely prepare and file with the MSRB the annual information of the City and notice of the occurrence of any of the events referenced in Clauses 2 and 3 above, respectively, the foregoing being required to satisfy the terms of the Undertaking; 5. the Compliance Officer shall establish a system for identifying and monitoring any Financial Obligations, whether now existing or hereafter entered into by the City, and (upon identification) determining if such Financial Obligation has the potential to materially impact the security or source of repayment of the Bonds; 6. upon identification of any Financial Obligation meeting the materiality standard identified in Clause 5 above, the Compliance Officer shall establish a process for identifying and monitoring any City agreement to covenants, events of default, remedies, priority rights, or other similar terms under such Financial Obligation; 7. the Compliance Officer shall establish a process for identifying the occurrence of any default, event of acceleration, termination event, modification of terms, or other similar events under the terms of any Financial Obligation, the occurrence of any of which reflect financial difficulties of the City; and 8. the Compliance Officer shall annually review these Policies and Procedures with the remainder of the Compliance Team, make any modifications on an internal document retained by the Compliance Officer and available to any “participating underwriter” (as defined in the Rule), if requested, and on the basis of this annual review (to the extent determined to be necessary or desirable), seek additional training for herself or himself, as well as other members of the City’s internal staff identified by the Compliance Officer to assist with the City’s satisfaction of the terms and provisions of the Undertaking. Page 1 of 9 FINANCING AGREEMENT This FINANCING AGREEMENT (Agreement) is entered into between the TEXAS WATER DEVELOPMENT BOARD (TWDB), an agency of the State of Texas, and the CITY OF CORPUS CHRISTI (City). The TWDB and the City may be referred to as the “Party” or “Parties” in this Agreement. RECITALS WHEREAS, the TWDB adopted Resolution No. 20-068 (Attachment A, referred to as the Resolution) on July 23, 2020, making a commitment to the City for financial assistance in the amount of $222,475,000 from the State Water Implementation Revenue Fund for Texas (SWIRFT) administered by the TWDB; and WHEREAS, through this Agreement, the City intends to sell to the TWDB the City’s $11,425,000 City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, New Series 2020C (City’s Bonds) for the TWDB’s financial assistance from the SWIRFT, as further described in Attachment B; and WHEREAS, the City shall execute (a) separate financing agreement(s) for the remaining amount(s) of the commitment made in the Resolution at a date or dates to be determined by the Executive Administrator of the TWDB; and WHEREAS, the SWIRFT is funded in part with proceeds of the expected issuance of TWDB’s revenue bonds (SWIRFT Bonds), issued under authority of Texas Water Code §§ 15.472 and 15.475, and Texas Constitution, Article III, Section 49-d-13; and WHEREAS, the SWIRFT Bonds are additionally secured by money made available under the terms of a bond enhancement agreement executed under authority of Texas Water Code §§ 15.434 and 15.435, and Texas Constitution, Article III, Section 49-d-12; and WHEREAS, the SWIRFT is funded, in part, with money received as repayment of financial assistance provided from the SWIRFT, under Texas Water Code § 15.472, which is Page 2 of 9 used to pay the principal and interest on the SWIRFT Bonds, under Texas Water Code § 15.474, and Texas Constitution, Article III, Section 49-d-13(d) and (f); and WHEREAS, the Resolution provides that funding the commitment is contingent on future sales of SWIRFT Bonds designated by the TWDB; and WHEREAS, the TWDB intends to provide financial assistance from the SWIRFT to the City with proceeds of SWIRFT Bonds designated by the TWDB; and WHEREAS, the TWDB and the City desire to enter into this Agreement to set forth the obligations of the Parties with respect to the TWDB providing financial assistance to the City consistent with the desire of the TWDB to issue SWIRFT Bonds to provide money for the SWIRFT. NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the TWDB and the City agree as follows: AGREEMENT SECTION 1. MUTUAL COMMITMENTS. As further described in the Resolution, the TWDB committed to the City and the City hereby commits to borrow from the TWDB an amount not to exceed $11,425,000 from the SWIRFT to be evidenced by the issuance and delivery of City Bonds to the TWDB consistent with the terms and conditions described in this Agreement, Attachment A, Attachment B, and Attachment C. SECTION 2. TRANSACTION SCHEDULE AND PRICING. By execution of this Agreement, the City acknowledges and represents that it has a current need for financial assistance from the TWDB and shall take all necessary steps to issue and deliver the City Bonds to evidence the commitment described in Section 1. The City further acknowledges and understands that the TWDB is entering into this Agreement for the sole purpose of issuing SWIRFT Bonds to fund the TWDB commitment described in the Resolution and in this Agreement. The City acknowledges that the SWIRFT Bonds, the subject of this Agreement, are being issued for the purpose of funding the City’s requested financial assistance. With respect to the City Bonds and the SWIRFT Bonds, the Parties agree to structure such public securities in a manner that will allow for substantially similar terms, redemption provisions, and related matters to allow the TWDB to timely pay the debt service on the SWIRFT Bonds. The foregoing notwithstanding, the TWDB consents to early redemption, or prepayment of the City Bonds, as provided for in this Agreement and the Resolution. The Page 3 of 9 City Bonds may be prepaid by the City on any date beginning on or after the first scheduled interest payment date that occurs no earlier than 10 years from the dated date of the City Bonds. To confirm the terms of the City Bonds and the SWIRFT Bonds, the City shall execute this Agreement. In order to mutually assure the performance of the Parties under this Agreement, the Parties agree that the issuance and delivery of the SWIRFT Bonds and the issuance and delivery of the City Bonds to TWDB shall occur not more than fifty-seven (57) days apart as reflected in Attachment C. Notwithstanding the foregoing, the Parties intend and expect that the TWDB issue and deliver its SWIRFT Bonds approximately sixteen (16) days after execution of the TWDB’s Bond Purchase Agreement or such date as may be mutually agreed to in Attachment C. SECTION 3. BINDING COMMITMENT. The TWDB agrees to take all necessary steps to issue the SWIRFT Bonds for the purposes described in this Agreement and in the Resolution upon receipt of this Agreement, which shall be signed and delivered by the City to the Executive Administrator of the TWDB at least thirteen (13) days before the initiation of the pricing of the SWIRFT Bonds, as set forth in Attachment C. The City acknowledges that the schedule provided in Attachment C is a best estimate by the TWDB and is subject to change by the TWDB. The TWDB expressly reserves the right to modify Attachment C at any time and shall provide the City with an updated Attachment C as soon as practicable upon any modification; provided that, if such modification of Attachment C occurs before the initiation of pricing of the SWIRFT Bonds and such modification results in an earlier scheduled pricing date, no such modification of Attachment C may result in the City having fewer than five (5) days between the receipt of the modified schedule and the TWDB posting the Preliminary Official Statement for the SWIRFT Bonds. SECTION 4. TERMINATION & BREACH OF AGREEMENT. A. The Parties agree that the City may terminate this Agreement in writing at any time prior to seven (7) days before the initiation of the pricing of the SWIRFT Bonds, as set forth in Attachment C, with no penalty. B. The City understands and agrees that the City may terminate this Agreement in writing between six (6) days and four (4) days prior to the initiation of the pricing of the SWIRFT Bonds (currently estimated to occur on September 22, 2020) as set forth in Attachment C, provided the City agrees to reimburse the TWDB from lawfully available funds of the City for its proportional share of transaction costs incurred by the TWDB, such as, but not limited to, any fees or costs related to any rating agency, financial advisor, legal counsel, or other similar party or related costs Page 4 of 9 pertaining to the SWIRFT Bonds in an amount not to exceed $13,123 (Transaction Cost Payment). The City shall be obligated to pay such costs to the TWDB no later than March 8, 2021. C. The City understands and agrees that the City may terminate this Agreement in writing within three (3) days prior to the initiation of the pricing of the SWIRFT Bonds as set forth in Attachment C and no later than 9:00 am Central Daylight Time on the day before the TWDB Bond Pricing, provided the City agrees to pay from lawfully available funds 1.0 percent of the amount of the commitment authorized in Section 1 of this Agreement to the TWDB (Pre-pricing Termination Payment), and additionally shall reimburse the TWDB from lawfully available funds of the City its Transaction Cost Payment. The City shall be obligated to pay such costs to the TWDB no later than March 8, 2021. The City understands and agrees that termination under this section will result in a total penalty amount of $127,373. D. The City understands and agrees that TWDB would suffer and incur severe and irreparable damages if the City Bonds are not issued and delivered. If the City fails to issue the City Bonds by the date specified in Attachment C, as contemplated in this Agreement, it shall be a breach of this Agreement and the City shall pay, from lawfully available funds of the City, a “Post-pricing Termination Payment” to the TWDB. The Post-pricing Termination Payment shall be an amount equal to 5.0 percent of the amount of the commitment authorized in Section 1 of this Agreement. The City shall be obligated to pay the Post-pricing Termination Payment to the TWDB no later than March 8, 2021. The City shall also reimburse the TWDB from lawfully available funds of the City, its Transaction Cost Payment, plus the City's proportional share of the underwriters' discount incurred by the TWDB, no later than March 8, 2021. The City understands and agrees that failure by the City to issue the City Bonds by the date specified in Attachment C, will result in a total penalty amount pursuant to this section not to exceed $633,193. SECTION 5. AMORTIZATION STRUCTURE. The City shall provide the TWDB a maturity schedule in the form set forth in Attachment B at the time of execution of this Agreement. A final amortization structure will be required at least seven (7) days before the initiation of pricing of the SWIRFT Bonds in accordance with the provisions of this Agreement. The par amount included in Attachment B may be revised, subject to approval by the Executive Administrator of the TWDB, at any time prior to the seventh (7th) day before the initiation of pricing of the SWIRFT Bonds with no penalty. Page 5 of 9 SECTION 6. CONTINGENCIES. A. The Parties agree that the TWDB’s obligation to purchase the City’s securities with the SWIRFT is contingent upon the TWDB receiving all legally required approvals for the issuance of the SWIRFT Bonds from the Legislative Budget Board, the Bond Review Board, and the Texas Attorney General. The TWDB’s obligation to purchase the City’s securities with the SWIRFT is also contingent upon the purchase and delivery of the SWIRFT Bond proceeds by the underwriters pursuant to the Bond Purchase Agreement relating to the SWIRFT Bonds. Accordingly, if any contingency described in the preceding paragraph above is unmet, the TWDB, upon delivery of written notice thereof to the City, may extend or terminate this Agreement together with all of its obligations and duties without incurring any cost, fee, or penalty for either the TWDB or the City. B. The Parties agree that the City's obligation to issue and deliver the City Bonds is contingent upon approval by the Texas Attorney General of the City Bonds. The City agrees to use its best efforts to obtain approval by the Texas Attorney General of the City Bonds to satisfy the closing requirements set forth in Section 2 of this Agreement. To this end, the City agrees as follows: (1) City shall timely file the transcript of proceedings for the City Bonds with the Texas Attorney General in accordance with the schedule contained in Attachment C; (2) City shall comply with the requirements and conditions contained in the Resolution; (3) City shall provide the TWDB with a copy of the preliminary approval letter from the Texas Attorney General promptly upon receipt; (4) City shall provide the TWDB with a copy of its responses to the preliminary approval letter concurrently with the submission of such responses to the Texas Attorney General; and (5) City shall allow TWDB to brief the Texas Attorney General on any issues noted in the preliminary approval letter and initiate or participate in conferences with the Texas Attorney General related to the approval of the City Bonds. Page 6 of 9 Accordingly, if, after the City employs its best efforts to obtain approval by the Texas Attorney General and such approval cannot be obtained by the date specified in Attachment C, as a matter of law, the TWDB, as a matter of law, at its sole discretion, may terminate this Agreement and upon termination the City shall pay, from any of its lawfully available funds, the Post-pricing Termination Payment no later than March 8, 2021, as provided in Section 4D. The City shall also reimburse the TWDB from lawfully available funds of the City its Transaction Cost Payment plus the City's proportional share of the underwriters' discount no later than March 8, 2021. The City understands and agrees that if the City does not obtain approval from the Texas Attorney General and issue its City Bonds by the date specified in Attachment C, it will be subject to a total penalty amount pursuant to this section not to exceed $633,193. SECTION 7. REDEMPTION OF OUTSTANDING DEBT. Proceeds of the City Bonds shall not be used, in whole or in part, to redeem outstanding bonds, commercial paper, or other obligations issued by the City. The City agrees that it will not take or fail to take any action that will cause the SWIRFT Bonds to be considered to be advance refunding bonds under Section 149(d) of the Internal Revenue Code of 1986, as amended. SECTION 8. NOTICES. All notices, agreements or other communications required hereunder shall be given, and shall be deemed given, when delivered in writing to the address, facsimile or email of the identified Party or Parties set forth below: Texas Water Development Board Development Fund Manager P.O. Box 13231 Austin, Texas 78711-3231 Telephone: (512) 475-4584 Facsimile: (512) 475-2053 City of Corpus Christi Attn: Esteban (Steve) Ramos P.O. Box 9277 Corpus Christi, TX 78469-9277 Telephone: (361) 826-3294 E-mail: estebanr2@cctexas.com SECTION 9. SEVERABILITY. In the event any provision of this Agreement shall be held illegal, invalid, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate, render unenforceable, or otherwise affect any of its other provisions. SECTION 10. AMENDMENTS, SUPPLEMENTS, AND MODIFICATIONS. Other than the changes allowed under Section 3 and Section 5, this Agreement may be amended, supplemented, or modified only in a writing executed by duly authorized representatives of the Parties. SECTION 11. APPLICABLE LAW. This Agreement and any amendments shall be governed by and construed in accordance with the laws of the State of Texas. Page 7 of 9 SECTION 12. STATE AUDIT. By executing this Agreement and delivering the City Bonds, the City accepts the authority of the Texas State Auditor's Office to conduct audits and investigations in connection with all state funds received pursuant to this Agreement. The City shall comply with any directive from the Texas State Auditor and shall cooperate in any such investigation or audit. The City agrees to provide the Texas State Auditor with access to any information the Texas State Auditor considers relevant to the investigation or audit. SECTION 13. FORCE MAJEURE. Either Party to this Agreement may be excused from performance under this contract for any period when performance is prevented as the result of an act of God, strike, war, civil disturbance, or epidemic, provided that the Party experiencing the event of Force Majeure has prudently and promptly acted to take any and all steps that are within the Party’s control to ensure performance and to shorten the duration of the event of Force Majeure. The Party suffering an event of Force Majeure shall provide notice of the event to the other Party as soon as practicable but not later than five business days after the event. Subject to this provision, such nonperformance shall not be deemed a breach or a ground for termination. SECTION 14. EFFECTIVE DATE. This Agreement shall be effective as of the date of the last signature below. SECTION 15. BINDING AGREEMENT. The execution of this Agreement has been authorized by the governing boards of both Parties. The individuals executing this Agreement have the legal authority to bind each respective Party to the terms and conditions of this Agreement. The respective commitments of the TWDB and the City set forth above shall be binding upon the TWDB and the City upon both Parties’ execution of this Agreement. [Remainder of Page Intentionally Left Blank] Page 8 of 9 EXECUTED in multiple counterparts, each of which shall be deemed to be an original. CITY OF CORPUS CHRISTI By: _________________________________ Name: Title: Date: __________________________ STATE OF TEXAS COUNTY OF _____________ This instrument was acknowledged before me on the ____ day of ____________, 2020 by ________________________________________in his/her capacity as ______________________________, on behalf of ________________________________________. (SEAL) Notary Public, State of Texas Page 9 of 9 TEXAS WATER DEVELOPMENT BOARD By: _________________________________ Name: Jeff Walker Title: Executive Administrator Date: __________________________ STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on the ____ day of ____________, 2020, by Jeff Walker in his capacity as Executive Administrator of the Texas Water Development Board, an agency of the State of Texas, on behalf of said agency. (SEAL) Notary Public, State of Texas Attachment A, Page 1 of 9 ATTACHMENT A TWDB RESOLUTION NO. 20-068 Attachment A, Page 2 of 9 A RESOLUTION OF THE TEXAS WATER DEVELOPMENT BOARD APPROVING AN APPLICATION FOR FINANCIAL ASSISTANCE TO CITY OF CORPUS CHRISTI IN THE FORM OF A MULTI-YEAR COMMITMENT FROM THE STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS THROUGH THE PROPOSED PURCHASE OF $222,475,000 CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE IMPROVEMENT BONDS, PROPOSED SERIES 2020 AND PROPOSED SERIES 2021 (20-068) WHEREAS, the City of Corpus Christi (City) has filed an application for financial assistance in the amount of $222,475,000 from the State Water Implementation Revenue Fund for Texas (SWIRFT) to finance the planning, acquisition, design, and construction of certain water supply project(s) identified as Project No. 51052 (Project); and WHEREAS, the City seeks financial assistance from the Texas Water Development Board (TWDB) in the form of a multi-year commitment through the TWDB’s proposed purchase of $222,475,000 City of Corpus Christi , Texas Utility System Junior Lien Revenue Improvement Bonds, Proposed Series 2020 and 2021, (together with all authorizing documents (Obligations)), all as is more specifically set forth in the application and in recommendations of the Executive Administrator’s staff; and WHEREAS, the City has offered a pledge of a junior lien on the net revenues of the City’s utility system as sufficient security for the repayment of the Obligations; and WHEREAS, the commitment is approved for funding under the TWDB’s pre-design funding option, and initial and future releases of funds are subject to 31 TAC § 363.1307; WHEREAS, subject to the City’s use of an approved debt service structure, interest rate subsidies are available to the City for State Fiscal Year 2020 at up to the following levels: 35% for financial assistance for a term of 20 years, 25% for financial assistance for a term of 21 to 25 years, and 20% for financial assistance for a term of 26 to 30 years. The interest rate subsidy applicable to each proposed series will be set through each financing agreement executed between the TWDB and the City; and WHEREAS, the TWDB hereby finds: 1. that the application and assistance applied for meet the requirements of Texas Water Code, Chapter 15, Subchapters G and H and 31 TAC Chapter 363, Subchapters A and M; 2. that the Project is a recommended water management strategy project in the State Water Plan adopted pursuant to Texas Water Code § 16.051, in accordance with Texas Water Code § 15.474(a); Attachment A, Page 3 of 9 3. that a water conservation plan has been submitted and implemented in accordance with Texas Water Code § 16.4021 and 31 TAC § 363.1309(b)(1); and 4. that the City has acknowledged its legal obligation to comply with any applicable requirements of federal law relating to contracting with disadvantaged business enterprises and any applicable state law relating to contracting with historically underutilized businesses, in accordance with Texas Water Code § 15.435(h) and 31 TAC § 363.1309(b)(3). NOW THEREFORE, based on these findings, the TWDB resolves as follows: A commitment is made by the TWDB to City of Corpus Christi for financial assistance in the amount of $222,475,000 from the State Water Implementation Revenue Fund for Texas, to be evidenced by the TWDB’s proposed purchase of City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds in one or more series as follows: a) $11,425,000 Proposed Series 2020, to expire on December 31, 2020; and b) $211,050,000 Proposed Series 2021, to expire on December 31, 2021; Such commitment is conditioned as follows: Standard Conditions: 1. this commitment is contingent on a future sale of bonds by the TWDB or on the availability of funds on hand; 2. this commitment is contingent upon the issuance of a written approving opinion of the Attorney General of the State of Texas stating that the City has complied with all of the requirements of the laws under which said Obligations were issued; that said Obligations were issued in conformity with the Constitution and laws of the State of Texas; and that said Obligations are valid and binding obligations of the City; 3. this commitment is contingent upon the City’s continued compliance with all applicable laws, rules, policies, and guidance as these may be amended from time to time to adapt to a change in law, in circumstances, or any other legal requirement; 4. this commitment is contingent upon the City executing a separate financing agreement, approved as to form and substance by the Executive Administrator, and submitting that executed agreement to the TWDB consistent with the terms and conditions described in the financing agreement; 5. this commitment is contingent upon the City providing a current proforma of the City’s proposed revenue to the Executive Administrator each year prior to closing; Attachment A, Page 4 of 9 6. interest rate subsidies for non-level debt service structure are subject to adjustment by the Executive Administrator; 7. the City shall use a paying agent/registrar in accordance with 31 TAC § 363.42(c)(2), and shall require the paying agent/registrar to provide a copy of all receipts documenting debt service payments to the TWDB and to the TWDB’s designated Trustee; The Following Conditions Must Be Included in the Obligations: 8. the Obligations must provide that the Obligations can be called for early redemption on any date beginning on or after the first interest payment date that is 10 years from the dated date of the Obligations, at a redemption price of par, together with accrued interest to the date fixed for redemption; 9. The Obligations must provide that the City will comply with all applicable TWDB laws and rules related to the use of the financial assistance; 10. The Obligations must provide that the City will comply with the conditions included in the TWDB environmental finding, when issued; 11. The Obligations must contain a provision requiring the City to maintain insurance coverage sufficient to protect the TWDB’s interest in the project; 12. the Obligations must include a provision wherein the City, or an obligated person for whom financial or operating data is presented to the TWDB in the application for financial assistance either individually or in combination with other issuers of the City’s Obligations or obligated persons, will, at a minimum, regardless of the amount of the Obligations, covenant to comply with requirements for continuing disclosure on an ongoing basis substantially in the manner required by Securities and Exchange Commission (SEC) in 17 CFR § 240.15c2-12 (Rule 15c2-12) and determined as if the TWDB were a Participating Underwriter within the meaning of such rule, such continuing disclosure undertaking being for the benefit of the TWDB and the beneficial owners of the City’s Obligations, if the TWDB sells or otherwise transfers such Obligations, and the beneficial owners of the TWDB’s bonds if the City is an obligated person with respect to such bonds under SEC Rule 15c2-12; 13. the Obligations must include a provision requiring the City to use any proceeds from the Obligations that are determined to be surplus proceeds remaining after completion of the Project and completion of a final accounting in a manner approved by the Executive Administrator; 14. the Obligations must contain a provision that the TWDB may exercise all remedies available to it in law or equity, and any provision of the Obligations that restricts or limits the TWDB's full exercise of these remedies shall be of no force and effect; Attachment A, Page 5 of 9 15. financial assistance proceeds are public funds and, as such, the Obligations must include a provision requiring that these proceeds shall be held at a designated state depository institution or other properly chartered and authorized institution in accordance with the Public Funds Investment Act, Government Code, Chapter 2256, and the Public Funds Collateral Act, Government Code, Chapter 2257; 16. financial assistance proceeds shall not be used by the City when sampling, testing, removing, or disposing of contaminated soils and/or media at the Project site. The Obligations shall include an environmental indemnification provision wherein the City agrees to indemnify, hold harmless and protect the TWDB from any and all claims, causes of action or damages to the person or property of third parties arising from the sampling, analysis, transport, storage, treatment, recycling and disposition of any contaminated sewage sludge, contaminated sediments and/or contaminated media that may be generated by the City, its contractors, consultants, agents, officials and employees as a result of activities relating to the Project to the extent permitted by law; 17. the Obligations must include a provision stating that the City shall report to the TWDB the amounts of Project funds, if any, that were used to compensate historically underutilized businesses that worked on the Project, in accordance with 31 TAC § 363.1312; 18. the Obligations must contain a provision that the TWDB will purchase the Obligations, acting through the TWDB’s designated Trustee, and the Obligations shall be registered in the name of Cede & Co. and closed in book-entry form in accordance with 31 TAC § 363.42(c)(1); 19. the Obligations must contain a provision stating that the City shall abide by all applicable construction contract requirements related to the use of iron and steel products produced in the United States, as required by Texas Government Code, Chapter 2252, Subchapter G and Texas Water Code § 17.183; 20. the Obligations must include a provision prohibiting the City from using the proceeds of this financial assistance in a manner that would cause the Obligations to become “private activity bonds” within the meaning of § 141 of the Internal Revenue Code as amended (Code) and the Treasury Regulations promulgated thereunder (Regulations); 21. the Obligations must provide that no portion of the proceeds of the financial assistance will be used, directly or indirectly, in a manner that would cause the Obligations to be “arbitrage bonds” within the meaning of § 148(a) of the Code and Regulations, including to acquire or to replace funds that were used, directly or indirectly, to acquire Nonpurpose Investments (as defined in the Code and Regulations) that produce a yield materially higher than the yield on the TWDB’s bonds that are issued to provide financing for the financial assistance (Source Series Bonds), other than Nonpurpose Investments acquired with: Attachment A, Page 6 of 9 a. proceeds of the TWDB’s Source Series Bonds invested for a reasonable temporary period of up to three (3) years after the issue date of the Source Series Bonds until such proceeds are needed for the facilities to be financed; b. amounts invested in a bona fide debt service fund, within the meaning of § 1.148-1(b) of the Regulations; and c. amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed the least of maximum annual debt service on the Obligations, 125% of average annual debt service on the Obligations, or 10 percent of the stated principal amount (or, in the case of a discount, the issue price) of the Obligations; 22. the Obligations must include a provision requiring the City take all necessary steps to comply with the requirement that certain amounts earned on the investment of gross proceeds of the Obligations be rebated to the federal government in order to satisfy the requirements of § 148 of the Code. The Obligations must provide that the City will: a. account for all Gross Proceeds, as defined in the Code and Regulations, (including all receipts, expenditures, and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and retain all records of such accounting for at least six years after the final Computation Date. The City may, however, to the extent permitted by law, commingle Gross Proceeds of its financial assistance with other money of the City, provided that the City separately accounts for each receipt and expenditure of such Gross Proceeds and the obligations acquired therewith; b. calculate the Rebate Amount, as defined in the Code and Regulations, with respect to its financial assistance, not less frequently than each Computation Date, in accordance with rules set forth in § 148(f) of the Code, § 1.148-3 of the Regulations, and the rulings thereunder. The City shall maintain a copy of such calculations for at least six years after the final Computation Date; c. as additional consideration for providing financial assistance, and in order to induce providing financial assistance by measures designed to ensure the excludability of the interest on the TWDB’s Source Series Bonds from the gross income of the owners thereof for federal income tax purposes, pay to the United States the amount described in paragraph (b) above within 30 days after each Computation Date; d. exercise reasonable diligence to assure that no errors are made in the calculations required by paragraph (b) and, if such error is made, to discover and promptly to correct such error within a reasonable amount of time Attachment A, Page 7 of 9 thereafter, including payment to the United States of any interest and any penalty required by the Regulations; 23. the Obligations must include a provision prohibiting the City from taking any action that would cause the interest on the Obligations to be includable in gross income for federal income tax purposes; 24. the Obligations must provide that the City will not cause or permit the Obligations to be treated as “federally guaranteed” obligations within the meaning of § 149(b) of the Code; 25. the Obligations must contain a covenant that the City will refrain from using the proceeds of the Obligations to pay debt service on another issue of obligations of the borrower in contravention of section 149(d) of the Code (related to “advance refundings”); 26. the Obligations must provide that neither the City nor a related party thereto will acquire any of the TWDB’s Source Series Bonds in an amount related to the amount of the Obligations to be acquired from the City by the TWDB; 27. The Obligations shall be on parity with any existing obligations that are secured with the same pledge of security as the proposed Obligations; and 28. the Obligations shall be governed by the additional debt test and reserve requirement as provided in the outstanding $2,750,000 City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2017 held by the TWDB. Conditions to Close or for Release of Funds: 29. prior to closing, the City shall submit documentation evidencing the adoption and implementation of sufficient system rates and charges or, if applicable, the levy of an interest and sinking tax rate sufficient for the repayment of all system debt service requirements; 30. prior to closing, if not previously provided with the application, the City shall submit executed contracts for engineering and, if applicable, financial advisor and bond counsel, for the Project that are satisfactory to the Executive Administrator. Fees to be reimbursed under the contracts must be reasonable in relation to the services performed, reflected in the contract, and acceptable to the Executive Administrator; 31. prior to closing, when any portion of financial assistance is to be held in escrow or in trust, the City shall execute an escrow agreement or trust agreement, approved as to form and substance by the Executive Administrator, and shall submit that executed agreement to the TWDB; Attachment A, Page 8 of 9 32. prior to closing, the City’s bond counsel must prepare a written opinion that states that the interest on the Obligations is excludable from gross income or is exempt from federal income taxation. Bond counsel may rely on covenants and representations of the City when rendering this opinion; 33. prior to closing, the City’s bond counsel must prepare a written opinion that states that the Obligations are not “private activity bonds.” Bond counsel may rely on covenants and representations of the City when rendering this opinion; 34. the transcript must include a No Arbitrage Certificate or similar Federal Tax Certificate setting forth the City’s reasonable expectations regarding the use, expenditure, and investment of the proceeds of the Obligations; 35. the transcript must include evidence that the information reporting requirements of § 149(e) of the Internal Revenue Code will be satisfied. This requirement may be satisfied by filing an IRS Form 8038 with the Internal Revenue Service. In addition, the applicable completed IRS Form 8038 or other evidence that the information reporting requirements of § 149(e) have been satisfied must be provided to the Executive Administrator within fourteen (14) days of closing. The Executive Administrator may withhold the release of funds for failure to comply; PROVIDED, however, the commitment is subject to the following special conditions: 36. prior to the release of funds for the costs of planning, engineering, architectural, legal, title, fiscal, economic investigation, studies, surveys, or designs for that portion of the Project that proposes surface water or groundwater development, the Executive Administrator must have either issued a written finding that the City has the right to use the water that the Project financed by the TWDB will provide or a written determination that a reasonable expectation exists that such a finding will be made before the release of funds for construction; 37. prior to the release of construction funds for that portion of a Project that proposes surface water or groundwater development, the Executive Administrator must have issued a written finding that the City has the right to use the water that the Project financed by the TWDB will provide; APPROVED and ordered of record this, the 23rd day of July, 2020. TEXAS WATER DEVELOPMENT BOARD _____________________________________________ Peter M. Lake, Chairman DATE SIGNED: ________________________ Attachment A, Page 9 of 9 ATTEST: __________________________________________ Jeff Walker, Executive Administrator Attachment B, Page 1 of 2 ATTACHMENT B DESCRIPTION OF BORROWER BONDS Title of Borrower Bonds: $11,425,000 City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Proposed Series 2020 Project Name: Seawater Desalination Project Number: 51052 Aggregate Principal Amount of Borrower Bonds: $11,425,000 Anticipated Closing Date: 12/2/2020 Dated Date: 12/2/2020 First Principal Payment Date: 7/15/2022 First Interest Payment Date: 7/15/2021 Maturity Schedule: Maturity Principal Amount 7/15/2022 $330,000 7/15/2023 $330,000 7/15/2024 $335,000 7/15/2025 $335,000 7/15/2026 $335,000 7/15/2027 $340,000 7/15/2028 $340,000 7/15/2029 $340,000 7/15/2030 $345,000 7/15/2031 $350,000 7/15/2032 $350,000 7/15/2033 $355,000 7/15/2034 $365,000 7/15/2035 $370,000 7/15/2036 $375,000 7/15/2037 $385,000 7/15/2038 $390,000 7/15/2039 $400,000 7/15/2040 $405,000 7/15/2041 $415,000 7/15/2042 $425,000 7/15/2043 $435,000 7/15/2044 $445,000 Attachment B, Page 2 of 2 7/15/2045 $460,000 7/15/2046 $470,000 7/15/2047 $480,000 7/15/2048 $495,000 7/15/2049 $505,000 7/15/2050 $520,000 Attachment C, Page 1 of 1 ATTACHMENT C FINANCING SCHEDULE DATE ACTION 07/23/2020 TWDB approval of commitments 09/07/2020 Labor Day Holiday ** 09/08/2020 Financing agreement – last day to execute (13 days prior to initiation of pricing) 09/14/2020 Financing agreement (Sec. 4A) -last day political subdivisions can terminate without penalty (7 days prior to initiation of pricing) 09/14/2020 Financing agreement (Sec. 5) -last day political subdivisions can modify maturity schedule (7 days prior to initiation of pricing) 09/17/2020 Financing agreement (Sec. 4B) -last day political subdivisions can terminate with costs of issuance (4 days prior to initiation of pricing) 09/21/2020 Financing agreement (Sec. 4C) -before 9:00 a.m. political subdivisions can terminate with costs of issuance and 1% penalty (1 day prior to pricing). 09/21/2020 TWDB bond pricing initiation (pre‐pricing begins) 09/22/2020 TWDB bond pricing 10/01/2020 TWDB approves interest rates available to political subdivisions Various Political subdivisions adopt bond documents and/or board participation agreements Various Political subdivisions submit transcripts to Texas Attorney General in preparation of closing 10/08/2020 TWDB bond closing (political subdivisions must close within 57 days) 10/09/2020 to 12/04/20 Closings on political subdivision obligations 10/12/2020 Columbus Day Holiday (TWDB open)** 11/11/2020 Veteran's Day Holiday ** 11/26/2020 Thanksgiving Holiday ** 11/27/2020 Thanksgiving Holiday ** 12/04/2020 Last day to close on political subdivision obligations 12/04/2020 Financing agreement (Sec. 4D) -penalty applied to any political subdivision failing to issue debt Start of post-pricing termination payment period (includes costs of issuance, underwriters’ discount and 5% penalty) 03/08/2021 Last due date for penalty payments *‐ Preliminary ‐ subject to change **State agency holidays are reflected to show when TWDB is closed; they are counted towards deadlines, P.O. Box 13231, 1700 N. Congress Ave. Austin, TX 78711-3231, www.twdb.texas.gov Phone (512) 463-7847, Fax (512) 475-2053 Our Mission To provide leadership, information, education, and support for planning, financial assistance, and outreach for the conservation and responsible development of water for Texas ............ . Board Members Peter Lake, Chairman │ Kathleen Jackson, Board Member │Brooke T. Paup, Board Member Jeff Walker, Executive Administrator April 9, 2020 Mr. Esteban Ramos Water Resource Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 Re: City of Corpus Christi SWIFT PIF #13268 – Seawater Desalination Plant State Water Implementation Fund for Texas – Invitation to Apply Dear Mr. Ramos: Thank you for submitting an abridged application for financial assistance through the State Water Implementation Fund for Texas (SWIFT) program on behalf of the City of Corpus Christi. The abridged applications received for the current funding cycle have been prioritized according to the criteria outlined in 31 TAC §363.1304, and the Texas Water Development Board approved the prioritization on April 9, 2020. We are pleased to extend the City of Corpus Christi an invitation to submit a complete application for financial assistance through the SWIFT program. All applicants have 30 days to submit their applications. The deadline for receipt of the complete application is 5:00pm, Central Daylight Time, on Monday, May 11, 2020. At this time, the invited amount and type of SWIFT funding eligible to be included in the application is summarized below. This prioritization approval does not constitute a funding commitment and is contingent on the financial and technical review of the complete application. Terms and conditions, including applicable interest rate subsidies will be set prior to or at the time of commitment. Invitation Amount and Type of Funding: •Total: $222,475,000 Low-Interest Loan o 2020: $11,425,000 o 2021: $211,050,000Applications may be submitted through our online loan application system or as traditional hard copies. To download application documents or access the online system, please visit our Financial Assistance Application web page. SWIFT Application Invitation Letter April 9, 2020 Page 2 In accordance with Texas Water Code §16.0121, water systems are required to provide regular water loss audits to the TWDB, which are used to calculate a Water Loss Threshold for each system. Then next annual water loss audits are due to the TWDB on May 1, 2020, and these will be used as part of the SWIFT application evaluation. Please visit our Water Loss Audit Resources web page for more information. Please direct any questions or concerns regarding the application, commitment process, and closing processes to Mireya Loewe, Manager, Regional Project Team 6. Please contact Mireya to discuss your project in greater detail and to schedule a pre-application meeting if you have not already done so. If approved, Mireya’s team will work with you throughout the life of your project and may be reached at Mireya.Loewe@twdb.texas.gov or (512) 475-0590. We look forward to working with the City of Corpus Christi on the next steps toward implementing this important project. Thank you again for your interest in the SWIFT program. Sincerely, Jessica Peña Zuba Deputy Executive Administrator Texas Water Development Board Cc: Mireya Loewe, Manager, Regional Project Team 6 DATE: October 20, 2020 TO: Peter Zanoni, City Manager FROM: Gilbert Hernandez, Director of Municipal Court Services GilbertH@cctexas.com 361-826-2540 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com 361-826-3169 CAPTION: Motion authorizing a five-year service agreement with Linebarger, Goggan, Blair, & Sampson, LLP for delinquent fine collection services for Municipal Court Class C misdemeanors like traffic violations, disorderly conduct, and public intoxication, in the amount of a 30% collection fee added to the fine with no funding required in the FY 2021 budget. SUMMARY: This motion authorizes a five-year service agreement for debt collection services for Municipal Court Class C misdemeanors such as traffic violations, disorderly conduct, public intoxication, city ordinance violation, etc. BACKGROUND AND FINDINGS: Article 103.0031 Texas Code of Criminal Procedure authorizes a governing body to enter into contract with a private attorney or public or private vendor for the provision of collection services and authorizes the addition of a 30% collection fee to delinquent violations. The 30% is added to violations 60 days after warrants are issued or 60 days after violations are delinquent. The fee is paid by defendan ts and is payable to the vendor. This is a common tool used by courts throughout the state to bring violators into compliance. Linebarger has been providing collection services to the Corpus Christi Municipal Court Collection Services for Municipal Court AGENDA MEMORANDUM Action Item for the City Council Meeting October 20, 2020 since 2004. Linebarger has an office located in Corpus Christi with one of their call centers located in San Antonio and focuses on six main areas to drive results: Technology, Adaptability, Experienced Team members, Local Involvement, Proven Results, and Tailored Programs. Linebarger contacts violators by mailing letters, outbound call campaigns, skip-tracing, and provides regular performance reports and communications, among other available options. Linebarger has recovered $48.4 million for our court, along with resolving $131.9 mil lion in fines and fees since 2004. With Linebarger, every account is treated equally, no matter the age of the account. The Contracts and Procurement Department conducted a competitive Request for Proposals process to obtain proposals from qualified firms to provide debt collection services. The City received 12 proposals and evaluated them against the published criteria. The City considered four firms as finalists, interviews were conducted, and pricing was evaluated. The final scores were tabulated for each firm to determine the highest- ranking firm offering the best value to the City. Staff is recommending award to Linebarger, Goggan, Blair & Sampson, LLP as the highest-ranking firm. ALTERNATIVES: An alternative is to not award a contract to any collections vendor and develop an in- house collections department. This would require added FTE’s and software. FISCAL IMPACT: There is no fiscal impact for Municipal Court Services because a 30% collection fee is paid from funds collected as a result of collection activities. Within the last five years, approximately $2.6M has been collected per year. RECOMMENDATION: Staff recommends approval of this motion authorizing a five-year service agreement with Linebarger, Goggan, Blair, & Sampson, LLP as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix Collection Services for Municipal Court RFP No. 3133 Cindy Ramos Proposal Evaluation Linebarger, Goggan, Blair and Sampson, LLP Perdue Brandon Feilder Collins and Mott LLP McCreary, Vesleka, Brag & Allen PC MSB Government Solutions Alliance One Harris & Harris LTD Accout Control Technology Inc. Account Management Resources, LLC CBE Companies RSI Enterprices, Inc. Transworld Systems, Inc. Graves, Huymphries, Stahl Ltd. MINIMUM QUALIFICATIONS (PASS/FAIL) Required five years in business performing same services No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (50 PTS)47 46 45 44 40 39 35 35 35 35 35 32 Firms' Experience (18 pts) Team's Experience (18 pts) Understanding of Project Scope (14 pts) INTERVIEW (30 PTS)29 26 27 24 0 0 0 0 0 0 0 0 Firms' Experience (18 pts) Team's Experience (18 pts) Understanding of Project Scope (14 pts) PRICING (20 PTS)20 20 20 20 20 20 20 20 20 20 20 20 Total 96 92 91 88 60 59 55 55 55 55 55 52 Pass Pass PassPass Pass Pass Pass Pass PassPassPassPass Page 1 of 7 SERVICE AGREEMENT NO. 3133 Collection Services for Municipal Court THIS Title of Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Linebarger Goggan Blair & Sampson, LLP (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Title of Service in response to Request for Bid/Proposal No. 3133 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Title of Service (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 5 years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. If the City has not awarded a new Municipal Court Collection Services Contract at the end of this contract, or otherwise terminated this contract, the City Manager may extend this contract on a month to month basis until a new contract is awarded by City Council, or this contract is terminated. Notice of termination during any month to month extension is 30 calendar days. 3. Compensation and Payment. a. As authorized by Article 103.0031 of the Code of Criminal Procedure, City will turn over to Contractor on or about the 30th of each month by electronic or magnetic medium in the format specified by the City Contract Administrator all delinquent Municipal Court debts and accounts receivables ordered to be paid by the Municipal Court, and amounts in cases in which the accused has failed to appear as required by law, (“Delinquent Accounts”). A Municipal Court debt or account receivable is eligible for referral for collection and considered delinquent on the date it becomes 60 days past due, or 60 days after defendant has failed to appear as required by law. Page 2 of 7 b. The City has established a Municipal Court Collection Fee pursuant to Article 103.0031 of the Texas Code of Criminal Procedure (“Municipal Court Collection Fee”) in the amount of 30 percent on each Municipal Court debt and account receivable ordered to be paid by the Municipal Court, and 30 percent on amounts in cases in which the defendant has failed to appear, where the cases are at least 60 days past due and referred to the Contractor for collection. If a Municipal Court judge determines that a defendant is indigent, or has insufficient resources or income, or otherwise unable to pay all or part of the underlying fine and costs, then no Municipal Court Collection Fee shall be charged to defendant. The Municipal Court Collection Fee does not apply to a case that has been dismissed or to any amount that has been satisfied through time-served credit or community service. c. City agrees to pay Contractor as compensation for services required under this Contract the Municipal Court Collection Fees actually collected and paid by defendants to the City during the term of this contract. Partial payments on cases turned over to the Contractor for collection will be applied proportionately. The City shall pay over said compensation monthly by check. No penalties will be assessed to City for late payments to Contractor. No other compensation will be paid by the City to Contractor. The City is not responsible for postage, telephone charges, or any of Contractor’s expenses in performing under this contract. d. Notwithstanding compensation identified in subsection c, in addition to the collection services specified herein, Contractor agrees to perform additional collection services, at no charge or fee to the City or to Defendant on Delinquent Accounts which are not subject to an additional collection fee under Article 103.0031 of the Code of Criminal Procedure. Specifically, all cases filed on or prior to December 31, 2001 will not be subject to a Municipal Court Collection fee. City Ordinance 024559, effective September 3, 2001, authorized the collection of Municipal Court Collection fees pursuant to Article 103.0031. Subsequent amendments to the City ordinance have continued to authorize Municipal Court Collection fees. Additionally, fees assessed pursuant to Texas Transportation Code §706.006 are not subject to a collection fee. e. Notwithstanding compensation identified in subsection c, in addition to the collection services specified herein, Contractor agrees to perform collection services on delinquent parking citations referred to Contractor for collection at no charge or fee to the City or to Defendant. f. The parties agree that should Article 103.0031 of the Code of Criminal Procedure as amended be repealed or held to be unconstitutional by a court of competent jurisdiction during the term of this contract so that the City is no longer authorized to collect the Municipal Court Collection Fee, then this contract shall terminate immediately. g. No funds will be paid to Contractor unless defendant’s payment was a result of Contractor’s actions under this Agreement. For example, if defendant Page 3 of 7 is arrested and is brought to Municipal Court to resolve outstanding cases, no compensation will be paid to Contractor. All payments on delinquent accounts which were referred to Contractor for collection are assumed to be a result of Contractor’s actions unless specifically refuted by City. h. If there is a dispute between City and Contractor regarding whether Contractor is due compensation in a particular case, the City will not pay Contractor until issue is resolved between the parties. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Municipal Court Director P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 886-2515 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Collection Goals. The Contractor agrees to work with the Contract Administrator to set reasonable collection goals and meet quarterly with the Contract Administrator to monitor and report on the progress of collection efforts achieved. 7. Warranty. Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors Page 4 of 7 performing similar services. 8. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 9. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 10. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 11. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 12. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 13. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 14. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Page 5 of 7 Manager shall be provided proof of payment of these taxes within 15 days of such request. 15. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gilbert Hernandez Title: Director Municipal Court Services Address: 120 N. Chaparral, Corpus Christi, TX 78401 Phone: 361-826-2540 IF TO CONTRACTOR: Linebarger, Goggan, Blair & Sampson, LLP Attn: Paul D. Chapa Title: Managing Partner Address: 500 N. Shoreline Blvd., Corpus Christi, TX 784014 Phone: 361-888-6898 Fax: 361-888-4405 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE Page 6 of 7 THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required Page 7 of 7 by said statute. 24.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Page 8 of 7 Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3133 Exhibit 2: Contractor’s Bid/Proposal Response APPROVED AS TO LEGAL FORM: ______________________________ Buck Brice (Date) Assistant City Attorney For City Attorney ATTACHMENT A: SCOPE OF WORK 1.General Requirements The Contractor shall, for and ln consideration of the payment of the sum of money specified in this Contract, perform all duties related to the collection of delinquent Municipal Court fines and court costs which are referred to Contractor for collection, provide all services necessary for the collection of those delinquent Municipal Court fines and court costs, and provide such further services as are outlined in this Contract. The City of Corpus Christi anticipates an total estimate of $140,000,000 in delinquent court fines and court costs in the next five years. 2.Scope of Work A.Contractor shall direct defendants to make all payments directly to the City of Corpus Christi Municipal Court. Contractor shall not collect any monies for the City. Contractor shall instruct defendants that any payments owed on debts and accounts receivable must be made in full to Municipal Court. B.The Contractor agrees to perform additional collection services, at no charge or fee to the City or to Defendant on Delinquent Accounts which are not subject to an additional collection fee under Article 103.0031 of the Code of Criminal Procedure. Specifically, all cases filed on or prior to December 31, 2001 will not be subject to a Municipal Court Collection fee. City Ordinance 024559, effective September 3, 2001, authorized the collection of Municipal Court Collection fees pursuant to Article 103.0031. Subsequent amendments to the City ordinance have continued to authorize Municipal Court Collection fees. Additionally, fee assessed pursuant to Texas Transportation Code §706.006 are not subject to a collection fee. C.Contractor's collection process must be reviewed and approved by the Contract Administrator, but Contractor shall be responsible for compliance with all laws. The Contractor shall pay all costs involved in the collection of the assigned accounts, including but not limited to litigation and transportation. D.Contractor shall provide Contract Administrator copy of employee orientation/ training manuals, where applicable. Contract Administrator will review all correspondence and scripts used by Contractor's collection staff. E.Contractor covenants that the customer service employees handling the City's accounts will be familiar with the City of Corpus Christi Municipal Court requirements for acceptance of fines as provided by the City to Contractor. F.The Contractor shall coordinate mail outs with the Contract Administrator. G.At the end of the each year of the Contract, Contractor shall provide a cover letter to City's Contract Administrator with listing of cases that are deemed uncollectible by the Contractor. Contractor shall give its reasons why each case is uncollectible. Page 1 of 3 H.Contractor shall also inform Contract Administrator of applicable laws which govern disposition of uncollectible court fines. I.Contractor shall maintain a toll free telephone number for customers to call. J.The Contractor shall refer complaints regarding the collection process to Contractor resolution. K.The Contractor shall provide notification of all disputes or complaints raised by defendants regarding the collection process within five business days to the Contract Administrator, and the Contractor shall provide Contract Administrator with written or electronic statement of the resolution. L.The Contractor shall provide new addresses for defendants to the Contract Administrator on a monthly basis. 3.Management Reports A.The Contractor shall keep and maintain all required reports and make those reports available to the Contract Administrator at all reasonable times. Contractor agrees to keep such other records and in the form as the Contract Administrator may reasonably require and make them available upon the Contract Administrator's request. B.In particular, Contractor shall provide Contract Administrator at the end of each calendar year written documentation to indicate uncollected delinquent accounts which remain uncollected for at least five years from the date the account was referred to Contractor for collection. 4.Data Transfer A.City will transfer its Municipal Court case data to Contractor via FTP Internet electronic transfers. Contractor shall provide the Contract Administrator with access to a secured FTP site/server at no cost to the City. B.All data Is the property of the City. Contractor shall not release the data without the written approval of the Contract Administrator. Contractor shall return all data to the Contract Administrator within 30 days after termination or expiration of this Contract. C.City shall provide Contractor with the data necessary to collect the fees and fines that are subject to this Contract. Contractor does not assume or accept responsibility for the Integrity and/or accuracy of City's data. Page 2 of 3 5.Special Instructions Accounts will be assigned by means of electronic transmission, electronic file, hard copy, or in writing. The assignment will include the following information, if available, and any other relevant information in the City’s possession at the time of referral as deemed appropriate. A.Name(s) B.Address C.Type of Account D.Account Number E.Unpaid balance Page 3 of 3 CITY OF CORPUS CHRISTI Pricing Form CONTRACTS AND PROCUREMENT DEPARTMENT RFP No. 3113 Collection Services for Municipal Court PAGE 1 OF 1 DATE: July 24, 2020 Linebarger Goggan Blair & Sampson, LLP PROPOSER 1.Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2.Provide your best price for each item. 3.In submitting this proposal, Proposer certifies that: a.the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b.Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c.Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. Item Description Quantity: Estimated Fines & Court Costs 1 Prof essional Services Billing and $140,000,000.00 Collection Services All payments shall be directed to the City of Corpus Christi Municipal Court. Delinquent accounts that are not subject to an additional fee under Article 103.0031 of the Code of Criminal Procedure will be collected at no cost to the City. Fees assessed in accordance with Texas Transportation Code§ 706.006 are not subject to a collection fee. Linebarger will pay all costs involved with our collection program performed on behalf of the City, including but not limited to litigation, all mailings, and transportation costs. Collection Fee Percentage Rate 30% of all accounts eligibli 1or the statutorv add-on feE ATTACHMENT B: BID/PRICING SCHEDULE ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I.CONTRACTOR’S INSURANCE A.Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. CRIME/EMPLOYEE DISHONESTY Contractor shall name the City of Corpus Christi, Texas as Loss Payee $100,000 Per Claims Made II.ADDITIONAL REQUIREMENTS A.Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 30 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 B.Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Page 1 of 2 •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage. C.Within thirty (30) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. D.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. E.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. F.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. G.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit Finance – Crime-Employee Dishonesty 05/13/2020 Risk Management – Legal Dept. BOND REQUIREMENTS: Bonds are not required for this agreement, therefore Section 5. Insurance; Bonds. (B) is null to this agreement. Page 2 of 2 ATTACHMENT D: WARRANTY REQUIREMENTS Page 1 of 1 contractors Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated Contractors performing similar services. AGENDA MEMORANDUM Action Item for the City Council Meeting of October 20, 2020 DATE: October 13, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Kevin Norton, Director of Water Utilities kevinn@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a professional services contract to LNV, Inc., of Corpus Christi, Texas to prepare an Engineering Letter Report that includes an evaluation of the condition of the force main, a preliminary design, and provides repair options, recommendations, and cost estimates for the Williams Lift Station’s Force Main in an amount not to exceed $183,290.00, located in City Council Districts 4 and 5, with funding available from the FY 2021 Wastewater Capital Improvement Program Fund. SUMMARY: This motion awards a professional services contract to LNV, Inc., to prepare an Engineering Letter Report for the Williams Lift Station’s Force Main. The report prepared by LNV will include options for the force main rehabilitation, preliminary design, and a construction cost estimate. These services are necessary to provide alternatives for improvements to the Williams Lift Stations’ force main. BACKGROUND AND FINDINGS: Williams Lift Station is the largest lift station in the City of Corpus Christi, and it serves the City’s future growth in the southside. The Williams Lift Station’s force main was installed in 1983 and is a critical asset in the City’s wastewater infrastructure system. The force main is a 36-inch ductile iron pipe which runs from Williams Lift Station to Oso Water Reclamation Plant (WRP) with a total length of 7,850 linear feet. Professional Services Contract Williams Lift Station’s Force Main The force main has experienced several breaks and repairs. The pipe wall thickness has also reduced over the years, making the force main susceptible to breaks and maintenance issues. Additionally, recent inspections of the force main and air release valves showed signs of significant corrosion due to hydrogen sulfide. Due to the progressing issues with the force main, the City is seeking professional services to evaluate the conditions and propose options on how to proceed. LNV, Inc. will provide a draft and final Engineering Letter Report outlining the replacement recommendations for the existing 36- inch wastewater force main from Williams Lift Station to the Oso WRP. The report will explore options for replacing or rehabilitating the force main, prepare a preliminary design and prepare construction cost estimates for up to three different options. PROJECT TIMELINE: If approved by City Council in October 2020, work will begin after the issuance of notice to proceed with approximate completion in February 2021. COMPETITIVE SOLICITATION PROCESS: This project was initiated in 2018 but was placed on hold for approximately one year while the Utilities Department evaluated alternatives. LNV, Inc., was selected for the Williams Lift Station’s Force Main project in April 2018 under RFQ 2018-01. The Williams Lift Station’s Force Main project was one of fifteen projects announced under the Utilities Category of the RFQ. Seven firms were evaluated and LNV, Inc., was one of the highest ranked firms in the Utilities Category. LNV has worked on City projects for twenty years and has completed many projects. Notable projects are Oso WRP Lift Station Rehabilitation, Corpus Christi Water Assessment & Optimization – Chlorine Dioxide, O.N. Stevens Water Treatment Plant High Service Building No. 3, O.N. Stevens Water Treatment Plant Wash Water System Phase 2, Resaca Lift Station Upgrades, and Citywide Lift Station Repairs. The selection committee consisted of representatives from the Utilities Department and Engineering Services Departments. Firms were ranked based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with multiple Bond street programs and local utilities, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. ALTERNATIVES: An alternative is not to award the professional services contract to LNV, Inc., which will delay the necessary replacement/rehabilitation of the Williams Lift Station’s force main. The force main will require additional maintenance and could result in a wastewater main break. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $183,290.00 for preliminary design phase services for Williams Lift Station’s Force Main with funding available from the FY 2021 Wastewater Capital Improvement Program Fund. Based on the Engineer’s recommendation a professional services design contract will be presented to Council for approval. The remaining budgeted amount in the FY 2021 CIP under design expenditures will be utilized for the professional services design contract. Funding Detail: Fund: Wastewater (Fund 4257) Mission Elem: Wastewater Collection System (042) Project: Williams Lift Station Force Main – Line A (Project No. 18085A) Please reference in fiscal year 2021 capital budget project 20085A Account: Professional Services (530000) Activity: 18085-A-4257-EXP Amount: $183,290.00 RECOMMENDATION: Staff recommends award of the professional services contract with LNV, Inc., in an amount of $183,290.00 for the Williams Lift Station Force Main. The project duration is planned for five months and will provide staff with alternatives for improvements of the Williams Lift Station’s force main. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Contract 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Williams Lift Station Force Main (Line A) VICINITY MAP NOT TO SCALE PROJECT NUMBER: 20085A PROJECT LOCATION PROJECT LOCATION LOCATION MAP NOT TO SCALE N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Williams Lift Station Force Main (Line A) AERIAL MAP NOT TO SCALE PROJECT NUMBER: 20085A PROJECT LOCATION ENNIS JOSL IN RD . WI L L I A M S D R .NILE DR.SO U T H P A D R E I S L A N D D R . M C A R D L E R D . EXISTING FORCE MAIN LINE LIMITS RECLAMATION PLANT WILLIAMS LIFT STATION OSO WATER Contract for Professional Services Page 1 of 11 Revised February 2020 SERVICE AGREEMENT NO. 3244 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT 18085A WILLIAMS LIFT STATION FORCE MAIN (LINE A) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and LNV, INC. 801 Navigation Blvd., Ste. 300 Corpus Christi, Texas 78408 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I – SCOPE OF SERVICES ..............................................................................2 ARTICLE II – QUALITY CONTROL .................................................................................3 ARTICLE III – COMPENSATION .....................................................................................3 ARTICLE IV – TIME AND PERIOD OF SERVICE ...........................................................4 ARTICLE V – OPINIONS OF COST ................................................................................5 ARTICLE VI – INSURANCE REQUIREMENTS ...............................................................5 ARTICLE VII – INDEMNIFICATION .................................................................................5 ARTICLE VIII – TERMINATION OF AGREEMENT .........................................................6 ARTICLE IX – RIGHT OF REVIEW AND AUDIT .............................................................7 ARTICLE X – OWNER REMEDIES .................................................................................7 ARTICLE XI – CONSULTANT REMEDIES......................................................................8 ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION ..................................................8 ARTICLE XIII – MISCELLANEOUS PROVISIONS ........................................................ 10 DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 Contract for Professional Services Page 2 of 11 Revised February 2020 ARTICLE I – SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit A and with Consultant’s response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City’s General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City’s Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant’s Scope of Services during the performance of the Consultant’s services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 Contract for Professional Services Page 3 of 11 Revised February 2020 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II – QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III – COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $183,290.00 3.2 The Consultant’s fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act. DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 Contract for Professional Services Page 4 of 11 Revised February 2020 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. Consultant shall indemnify and hold City harmless from any liens, claims, security interests or encumbrances filed by anyone claiming by, through or under the items covered by payments made by City to Consultant. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate “Final Bill – no additional compensation is due to Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 Contract for Professional Services Page 5 of 11 Revised February 2020 4.2 The term of this Agreement will be for a period of six years beginning on the effective date, unless extended by authority of the City Manager or designee. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant’s ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant’s ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, “completion of the Project” refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V – OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI – INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 Contract for Professional Services Page 6 of 11 Revised February 2020 extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. ARTICLE VIII – TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 Contract for Professional Services Page 7 of 11 Revised February 2020 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX – RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant’s records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant’s Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City’s and Consultant’s reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s Records only during Consultant’s regular business hours. Consultant agrees to allow City’s designee access to all of Consultant’s Records, Consultant’s facilities and Consultant’s current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X – OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 Contract for Professional Services Page 8 of 11 Revised February 2020 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI – CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant’s reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 Contract for Professional Services Page 9 of 11 Revised February 2020 remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties’ senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. 12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.2.4 The parties shall share the mediator’s fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute between the parties to this Agreement. 12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 Contract for Professional Services Page 10 of 11 Revised February 2020 connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City’s governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. ARTICLE XIII – MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 Contract for Professional Services Page 11 of 11 Revised February 2020 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, the Consultant’s response to the Request for Qualifications related to this project, or in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI LNV, INC. ____________________________________ _____________________________________ Michael Rodriguez Date Dan S. Leyendecker, P.E. Date Chief of Staff President 801 Navigation Blvd., Suite 300 Corpus Christi, Texas 78408 361/883-1894 danl@lnvinc.com APPROVED AS TO LEGAL FORM: ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 8/31/2020 DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 1 EXHIBIT C PAGE 1 OF 2 EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 2 EXHIBIT C PAGE 2 OF 2 1.5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 EXHIBIT D Page 1 of 1 EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services is NULL to this Agreement. DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 CITY OF CORPUS CHRISTIDISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner4. Association 5. Other____________________________________ DISCLOSURE QUESTIONSIf 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 “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or Committee 4. State the names of each employee or officer of a “consultant” for the City of Corpus Christiwho 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 COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: STATE: ZIP: LNV, LLC 801 Navigation Blvd., Ste. 300 Corpus Christi TX 78408 X L.L.C. N/A N/A N/A N/A DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 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 (Type or Print)Title: Signature of Certifying Person Date: DEFINITIONS a. “Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. “Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. “Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. “Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Dan S. Leyendecker Managing Principal June 12, 2020 DocuSign Envelope ID: 9F976413-6F12-4084-A31D-D1DA942DB790 DATE: September 23, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond III, Director, Development Services AlRaymond@cctexas.com (361) 826 – 3276 CAPTION: Resolution authorizing five grant application submissions to the Texas General Land Office for Community Development Block Grant-MIT program for 2015 Floods State Mitigation Competition and Hurricane Harvey State Mitigation Competition funds SUMMARY: This is a resolution authorizing five grant application submissions to the Texas General Land Office for Community Development Block Grant-MIT 2015 Floods and Hurricane Harvey State Mitigation Competition funds. BACKGROUND AND FINDINGS: The City of Corpus Christi is eligible to compete in two grant programs of the Community Development Block Grant (CDBG) -MIT program: 2015 Floods State Mitigation Competition and Hurricane Harvey State Mitigation Competition, Round 1. The 2015 Floods State Mitigation Competition has available funds of $46,096,950. The City of Corpus Christi is designed as a State MID county and can submit 2 applications individually or jointly with another political subdivision. Project costs must be a minimum of $3 million and a maximum of $10 million. The Hurricane Harvey State Mitigation Competition has available funds of $1 billion in round one, out of $2,144,776,720 total. The City of Corpus Christi is a HUD MID county and can submit 3 applications individually and 3 jointly with another political subdivision. Project costs must be a minimum of $3 million and a maximum of $100 million. Authorization of five grant application submissions to the Texas General Land Office for Community Development Block Grant-MIT 2015 Floods and Hurricane Harvey State Mitigation Competition funds. AGENDA MEMORANDUM Action item for the City Council Meeting of October 20, 2020 Grants may be awarded to cities, counties, Indian tribes, and councils of governments (COG) to address risks in HUD- and state-designated Most Impacted and Distressed (MID) areas. Examples of projects include flood control and drainage improvements, infrastructure improvements, green infrastructure, public facilities, buyouts. The grant deadline is October 28, 2020 at 5 p.m. For public comment purposes, drafts of the substantially complete applications were posted on October 4, 2020 through October 17, 2020 on the City of Corpus Christi Development Services Department webpage: www.cctexas.com/ds. Five projects are proposed for individual submission: two in 2015 Floods and three in Hurricane Harvey competitions. 2015 Floods 1) Downtown Pump Stations/Drainage Improvements. The downtown flood protection system, in addition to two existing stormwater pump stations, relies on ditches, street curb and gutter and an extensive underground piping system with discharge through the seawall to Corpus Christi Bay, through the levees to the Salt Flats Drainage Channel and into the Corpus Christi Ship Channel. The two stormwater pump stations are known as the Power Street Pump Station, serving the northern area, and the Kinney Street Pump Station, serving the southern area and pump storm water into the bay. The ditches and underground system handle smaller rain events and the pump stations are activated when rain intensities and ensuing runoff volumes and water levels exceed the capacity of the underground system. Stormwater discharge from the ditches and underground system are also affected by the tide levels in the bay, Salt Flats Channel, and the ship channel. This project will provide drainage improvements at six locations in downtown Corpus Christi. The improvements will provide upgrades to maximize the efficiencies of the Kinney Street and Power Street Stormwater Pump Stations and implement critical storm infrastructure improvements including upsizing the stormwater drain system on Kinney Street – Water Street, Lawrence Street, Blucher Box at Water Street and the Salt Flats area with a relief box system along Resaca Street. The estimated project cost is approximately $6.1 Million, and a 1% match is proposed using Type A/B Sales Tax funding identified the Capital Budget and Capital Improvement Planning Guide, FY 2020-2021. 2) Back Up Generators for Corpus Christi Wastewater Infrastructure. This project mitigates flood damage by installing backup generators to operate during storm events at different wastewater infrastructure sites. Nineteen (19) critical lift stations vulnerable to damage due to storm events and flooding have been identified by City staff based on historical data. Under this project, a new permanent back-up generator be installed at each individual location, along with an automatic transfer switch. The generators will be diesel powered and installed in an enclosure to protect the equipment. The enclosure will also have available footprint to store a 24-hour UL 142 diesel tank. The entire set up will be in a level 2 sound enclosure to minimize impact on any surrounding communities where possible. In case construction of an enclosure is unfeasible for a site, the generator will be placed on a concrete pedestal above the 500-year WSEL. The scope of this project will also include the installation of a back-up generator at the Allison Wastewater Treatment plant to assist in continued treatment operations during storm events. The estimated project cost is approximately $6.1 Million, and a 1% match is proposed using revenue bonds/PAYGO identified in the Capital Budget and Capital Improvement Planning Guide, FY 2020-2021. Hurricane Harvey 3) Greenwood Flood Mitigation and Emergency Generator - The Greenwood Wastewater Treatment Plant was originally constructed in 1957 and is located adjacent to La Volla Creek at the intersection of Greenwood Drive and Saratoga Boulevard. Problems concerning wastewater overflows and flooding in neighboring areas have led to the need for flood mitigation improvements. The objective of this project is to construct cost -efficient flood proofing improvements to eliminate Oso Creek / La Volla Creek flooding impacts on Greenwood Wastewater Treatment Plant. Under this project, measures are proposed to protect those structures that are most susceptible to flooding inside the plant along with interior drainage system improvements and grading improvements to collect stormwater from the critical areas within the plant that are prone to ponding in and around plant facilities, and to run emergency generators to keep continued power supply in the event of power outages in coast area. Among the proposed improvements are site grading, piping, and flooding way improvements; flooding walls for plant structures; a new effluent pump station (EPS) of firm capacity 24 MGD; two (2) permanent electrical generators (500-800 kW and 1500-1800 kW). The estimated project cost is approximately $11.5 Million, and a 1% match is proposed using revenue bonds identified in the Capital Budget and Capital Improvement Planning Guide, FY 2020-2021. 4) Oso Creek Bottom Rectification - Improvements to a 12-mile section of Oso Creek channel from Greenwood Road to Cayo del Oso will include channel modifications to remove peaks and valleys, and provide bank stabilization, revegetation, and other green infrastructure techniques. The project benefits the entire Oso Creek Stormwater Basin which is a 175.9 sq. mile service area and it will improve the quality of urban runoff into Oso Creek and Cayo del Oso, both designated impaired by TCEQ. The project will utilize best management practices listed in the Texas Non-point Source Management program, primarily the grass channel with bank and outfall stabilization, revegetation, and other techniques. The project will also remove debris within the channel and construct pervious access roads for cleaning and maintenance purposes. This project will noticeably have a positive effect on The Lakes, Kings Crossing, Sun Valley Estates, Oso Parkway and Cedar Ridge neighborhoods on the north side of the creek. Functioning as a multi-use infrastructure, the enhanced channel improvements will not only provide important flood mitigation but will enhance the natural greenway which is adjacent to a regional hike/bike network. The estimated project cost is approximately $48.9 Million, and no match is proposed. 1) Williams Ditch/Oso Bay Basin Flood Mitigation - The project entails upgrading Williams Ditch and a detention pond and other drainage improvements in the Tanglewood neighborhoods. The original Williams Ditch drainage system was sized to convey a 5-year storm event. This project will design for a 25-year storm event starting upstream at Rodd Field Road and heading downstream to Oso Bay, running along a one-mile section of earthen ditch. The first section from Rodd Field Rd. to Lexington Rd., the City will construct underground drainage structures. The remaining 60% of the project employs green infrastructure. The next half section from Lexington Rd to Ennis Joslin Rd. would expand the open channel and add culverts at the Ennis Joslin Rd. bridge. The last section from Ennis Joslin Rd. to South Padre Island Drive (SPID) would require some channel widening and channel shaping near the mouth of the Bay. A detention basin will be sited upstream near Williams Drive and S. Staples Road. The estimated project cost is approximately $28.4 Million, and a 1% match is proposed using revenue bonds identified in the Capital Budget and Capital Improvement Planning Guide, FY 2020-2021. ALTERNATIVES: Do not submit the applications, and fund through bonds or other revenue funds. FISCAL IMPACT: A match is not required; however, providing a 1% cash match will make the grant more competitive. The1% match, proposed for four of the projects could be funded using programmed dollars in the Capital Budget and Capital Improvement Planning Guide, FY 2020-2021. Funding Detail: Revenue and Expense: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of a resolution authorizing five grant application submissions to the Texas General Land Office for Community Development Block Grant-MIT 2015 Floods and Hurricane Harvey State Mitigation Competition funds. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation Resolution authorizing five grant application submissions to the Texas General Land Office for Community Development Block Grant-MIT program for 2015 Floods State Mitigation Competition and Hurricane Harvey State Mitigation Competition funds. Whereas, drafts of the substantially complete applications were posted on October 4, 2020 through October 17, 2020 on the City of Corpus Christi Development Services Department webpage: www.cctexas.com/ds. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council authorizes submission of five grant applications to the Texas General Land Office for Community Development Block Grant-MIT 2015 Floods and Hurricane Harvey State Mitigation Competition funds. The applications are for five projects: Downtown Pump Stations/Drainage Improvements, Back Up Generators for Corpus Christi Wastewater Infrastructure, Greenwood Flood Mitigation and Emergency Generator, Oso Creek Bottom Rectification, and Williams Ditch/Oso Bay Basin Flood Mitigation. SECTION 2. The City of Corpus Christi agrees to provide applicable matching funds of 1% for the said projects, with the understanding that Oso Creek Bottom Rectification project does not require matching funds. SECTION 3: City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. PASSED AND APPROVED on the day of , 2020: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith 2 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Resolution authorizing five grant application submissions to the Texas General Land Office for Community Development Block Grant-MIT 2015 Floods and Hurricane Harvey State Mitigation Competition funds. Resolution City Council October 20, 2020 2 CDBG-MIT • Projects to address risks in HUD- and state-designated Most Impacted and Distressed (MID) areas. • Examples -flood control and drainage improvements, infrastructure improvements, green infrastructure, public facilities, buyouts. • Grant deadline is October 28, 2020 at 5 p.m. • For public comment purposes, drafts of the substantially complete applications were posted on October 4, 2020 through October 17, 2020 on the City of Corpus Christi Development Services Department webpage: www.cctexas.com/ds . 3 2015 Floods Competition • Available funds of $46,096,950. • The City of Corpus Christi is designed as a State MID county and can submit 2 applications individually or jointly with another political subdivision. • Project costs must be a minimum of $3 million and a maximum of $10 million. 4 Downtown Pump Stations/ Drainage Improvements • Upgrades to the Kinney Street and Power Street Stormwater Pump Stations • Upsizing the stormwater drain system on Kinney Street – Water Street, Lawrence Street, Blucher Box at Water Street and the Salt Flats area with a relief box system along Resaca Street. 5 Back Up Generators for Wastewater Infrastructure •Backup generators to operate during storm events at different wastewater infrastructure sites. •Nineteen (19) critical lift stations vulnerable to damage due to storm events and flooding •Back-up generator at the Allison Wastewater Treatment plant 6 Hurricane Harvey Competition • Available funds of $1 billion in round one, out of $2,144,776,720 total. • The City of Corpus Christi is designed as a HUD MID county and can submit 3 applications individually and 3 jointly with another political subdivision. • Project costs must be a minimum of $3 million and a maximum of $100 million. 7 Greenwood Flood Mitigation/ Emergency Generator •The Greenwood WWTP originally constructed in 1957 and is located adjacent to La Volla Creek at the intersection of Greenwood Drive and Saratoga Boulevard . •Protect those structures that are most susceptible to flooding inside the plant •Interior drainage system improvements and grading improvements to collect stormwater from the critical areas within the plant that are prone to ponding in and around plant facilities. •Install emergency generator to keep continued power supply in the event of power outages. 8 •Channel improvements to a 12- mile section of Oso Creek to remove peaks and valleys, provide bank stabilization, revegetation, and other green infrastructure techniques, remove debris and construct a pervious access roads for cleaning and maintenance purposes. •Positive effect on The Lakes, Kings Crossing,Sun Valley Estates, Oso Parkway and Cedar Ridge neighborhoods on the north side of the creek. Oso Creek Bottom Rectification 9 •Design to a 25-year storm event •Rodd Field Rd. to Lexington Rd. - construct underground drainage structures. •Lexington Rd to Ennis Joslin Rd- expand the open channel and add culverts at the Ennis Joslin Rd. bridge. •Ennis Joslin Rd. to South Padre Island Drive (SPID) -some channel widening and shaping near the mouth of the Bay. •Detention basin will be sited upstream near Williams Drive and S. Staples Rd. Williams Ditch/Oso Bay Basin Flood Mitigation 10 Approval Recommendation DATE: September 21, 2020 TO: Peter Zanoni, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com CAPTION: Motion approving a five-year Business Incentive Agreement between the Corpus Christi B Corporation and Next Sports Company (“NSC”) in the amount of $1,850,000 for improvements associated with a sports complex on Old Brownsville Road consisting of eight multi-purpose fields to be used for soccer, lacrosse, field hockey, flag football, and cheerleading for both children and adults; creating and retaining jobs; and requiring NSC within 90 days of executing the agreement to demonstrate that funding has been secured for the project; effective upon signature of the City Manager or designee. SUMMARY: NSC is requesting an incentive through the Corpus Christi B Corporation in the amount of $1,850,000 for improvements associated with a sports complex to be built on Old Brownsville Road and for the creation of 47 jobs. The Board for the Corpus Christi B Corporation approved this incentive at its September 21, 2020 monthly meeting. The incentive is considered a grant that will not have to be repaid unless milestones outlined in the incentive agreement are not met. BACKGROUND AND FINDINGS: NSC plans to build a sports field complex on Old Brownsville Road between South Padre Island Drive and Cliff Maus Drive. Total project cost is estimated to be $17,200,00 of which NSC will invest $15.35 million and $1.85 million will be a grant received from the Corpus Christi B Corporation on a reimbursement basis. NSC is owned by Dr. Kingsley Okonkwo, a local pediatric physician who is also the owner of the Corpus Christi Football Club known as the Sharks, founded in 2017. NSC plans to build a new sports field complex on Old Brownsville Road between South Padre Island Drive and Cliff Maus Drive. They will create 47 full -time jobs and up to 50 part-time job and will serve a variety of athletes including local leagues and youth sports travel teams. NSC is affiliated with the United Soccer League (USL). In addition to the AGENDA MEMORANDUM Action Item for the City Council Meeting of October 20, 2020 Type B Economic Development Agreement with Next Sports Company LLC youth leagues, NSC serves several levels of adult soccer play including USL League One (professional) and USL League Two (pre-professional). As the club grows, CCFC will serve the USL Championship league. Currently, Dr. Kingsley owns and operates the Corpus Christi Football Club (CCFC) Youth Academy for children ages eight to 18 and the CCFC Sharks, a USL League Two pre-professional team for adults between 17-26 years of age. Dr. Kingsley has a commitment from the USL organization to add a USL One professional team upon completion of this project. Dr. Kingsley is committed to the Corpus Christi community. The first stage of the complex will have eight multi-purpose fields that can be used for soccer, lacrosse, field hockey, flag football, and cheerleading for both children and adults. Phase I also includes the parking to accommodate ongoing activities and tournaments. Construction of the majority of the infrastructure and site preparation costs of their facility will be designed and installed during Phase I to be completed by December 2021. Phase II which includes administrative offices, retail space, and supporting amenities is anticipated to be completed no later than December 2022. NSC is requesting an incentive of $1,850,000 from the Corpus Christi B Corporation to be made in two payments. The first payment of $1,200,000, representing 2/3 of the total incentive, will be released when Phase I has been completed as verified by approval of permit requirements and final inspection by the City of Corpus Christi. Estimated time of completion for Phase I is December 2021. The final 1/3 or $650,000 will be released upon completion of Phase II to include administrative offices, retail space and supporting amenities as certified by a Certificate of Occupancy issued by the City of Corpus Christi. Estimated time of completion for Phase II is no later than December 2022. NSC will provide funding to complete this project and has control of the site. The site’s current zoning supports this development, and initial work to plat the property has begun. The site is near West Oso Independent School District . NSC will work with the school district on logistics, such as communication regarding events, and identifying opportunities to partner with the district and students. Engaging students of all ages in soccer (which is not currently offered at West Oso) and reaching out to students to fill the part-time positions to grow their workforce skills are two examples. The Corpus Christi Regional Economic Development Corporation (CCREDC) receives and reviews all Corpus Christi Type B applications. Once an application is vetted by the CCREDC staff, it is taken to their Board of Directors. The CCREDC Board of Directors voted unanimously to recommend approval of this incentive at their August 13, 2020 meeting. The Corpus Christi B Corporation approved the incentive agreement at its September 21, 2020 monthly board meeting. The last step is for the City Council to approve the incentive agreement. ALTERNATIVES: The City Council may choose to not approve funding or fund a lesser amount. FISCAL IMPACT: This item will use $1,850,000 of Type B funds on a reimbursement basis and will be paid in two payments. Based on the current schedule, one payment will occur in FY 2022 and the second in FY 2023. Funding Detail: Fund: 1146 – Type B Fund – Economic Development Organization/Activity: Mission Element: Project # (CIP Only): Account: 251850 – Fund Balance RECOMMENDATION: Staff recommends approval of a grant of up to $1,850,000 to the Next Sports Company LLC for improvements associated with a sports complex on Old Brownsville Road and the creation and retention of jobs. LIST OF SUPPORTING DOCUMENTS: Agreement 1 Type B Business Incentive Agreement BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND NEXT SPORTS COMPANY LLC FOR DEVELOPMENT OF A RECREATIONAL SPORTS COMPLEX This Business Incentive Agreement for Capital Investments and the development of a recreational sports complex and creation of jobs (“Agreement”) is entered into between the Corpus Christi B Corporation (“Corporation”) and Next Sports Company LLC ("Company"), a Texas limited liability company. WHEREAS, the Texas Legislature in Chapter 501 et seq. of the Local Government Code (Development Corporation Act of 1979) (the “Act”) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arteri al and collector streets and roads; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corpus Christi B Corporation Board; WHEREAS, the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Company proposes to develop a recreational sports complex, located on Old Brownsville Road between South Padre Island Drive and Cliff Maus Drive (the “Project”); WHEREAS, Company proposes to invest approximately $17.2 million for the development of the recreational sports complex and a soccer stadium. 2 Type B Business Incentive Agreement WHEREAS, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Company, through this Agreement with Company, to be used by Company to fund infrastructure necessary for the development of a recreational sports complex. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Company agree as follows: 1. Effective Date. The effective date of this Agreement (“Effective Date”) is the latest date that either party executes this Agreement, so long as the Agreement has been approved by the City’s City Council. Company understands that this Agreement is dependent upon the approval of City Council. 2. Term. The term of this Agreement is for five years beginning on the Effective Date. 3. Performance Requirements. a. Company agrees to use these funds to pay for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the Project. b. Company agrees to provide the Corporation with a sworn certificate by an authorized representative of the Company, certifying the amount used for infrastructure improvements. c. Company will provide the Corporation with a detailed list of infrastructure expenditures each year within 30 days of the anniversary of the Effective Date until construction is complete. d. During the term of this Agreement, Company will create at least 47 new full-time equivalent positions in the City of Corpus Christi and maintain all such positions for the full term of the Agreement. 1. If Company fails to create or retain the full 47 full-time equivalent positions at the time that Phase II construction is completed, then Company will only be eligible for a portion of the maximum incentive based on the percentage of positions created or retained rounded to the nearest dollar. For example, if only 40 positions are created at the time that Phase II construction is completed, then Company will only be entitled to receive a maximum incentive of $1,574,468. 2. If, after the positions are created, fewer than 47 full -time positions are retained for the term of the Agreement, Company will, within 60 days following notice from the Corporation, repay an amount based on the percentage of positions that is not retained rounded to the nearest dollar. 3 Type B Business Incentive Agreement For example, if only 40 positions are retained until the end of the term of the Agreement, Company will be required to repay $275,532. e. During the term of this Agreement, Company will invest at least $17,200,000 in the Project and adjacent soccer stadium. The Project will be constructed in two phases. 1. Phase I of the construction will have eight multi-purpose fields that can be used for soccer, lacrosse, field hockey, flag football, and cheerleading for children and adults, and their parents and friends. Phase I also includes the parking to accommodate ongoing activities and tournaments. The overflowing parking must include fencing, or some other permanent barrier, designed to prevent pedestrian crossing of Old Brownsville Road and encouraging all pedestrians to cross at the signaled intersection with Cliff Maus. Construction of the majority of the infrastructure and site preparation costs of their facility will be designed and installed during Phase I, which is expected, but not required, to be completed in December 2021. 2. Phase II, which includes approximately 10,000 square feet administrative offices, retail space and pro shop, 4,000 square foot rest room/locker room, children’s play area, and supporting amenities is anticipated to be completed by December 2022. The 5,000-seat soccer stadium will also be done during the phase. f. Company will ensure that no funds received under this Agreement are used for the construction of the adjacent soccer stadium and that at least $1,200,000 will be expended on qualified public infrastructure as part of the construction of the Project. Company will ensure that at least $1,850,000 is expended on the Project. g. Company will complete construction of both Phase I and Phase II on or before July 31, 2023. h. Within 90 days after the Effective Date, Company must demonstrate to the satisfaction of the City Manager that Company has full funding for construction of Phase I and Phase II, including all necessary public infrastructure. 4. Grant Award. a. The Corporation will grant Company the amount of $1,850,000, subject to appropriations as described in paragraph 20 below. b. The grant will be paid to the Company in two payments. 1. The first payment of $1,200,000, representing two -thirds of the total incentive, will be made within 60 days following receipt of a request for reimbursement from the Company that includes documentation showing 4 Type B Business Incentive Agreement that Phase I has been completed, as verified by approval of permit requirements and final inspection by the City of Corpus Christi, and evidence showing that at least $1,200,000 has been expended on the Project. 2. The second payment of $650,000, representing one-third of the total incentive, will be made within 60 days following receipt of a request for reimbursement from the Company that includes documentation confirming the completion of Phase II, which includes administrative offices, retail space and supporting amenities as certified by a final Certificate of Occupancy issued by the City of Corpus Christi. 3. Along with any request for reimbursement, Company must submit certification that there are no mechanics, contractor’s or materialman’s liens against the property and provide documentation establishing that all other performance requirements, including the creation of jobs, have been met. If Company does not provide the required documentation prior to the end of the Term, this Agreement shall expire, and Company shall not be entitled to the grant funds. 5. Utilization of Local Contractors and Suppliers. Company agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contr acts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term “local” as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. Company agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Company to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Company is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 6. Utilization of Disadvantaged Business Enterprises (“DBE”). Company agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be DBEs, including minority business enterprises, women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home 5 Type B Business Incentive Agreement office of the business as complying with state or federal standards for qualification as such an enterprise. Company agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to DBEs, with a priority made for DBEs which are local. Company agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Company to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Company is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term “local” as used to describe contractors and suppliers that are determined to be DBEs, including minority business enterprises, women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 7. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a “living wage” for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. The health insurance program must comply with all applicable laws. 9. Sales Tax Sourcing. The Developer shall utilize, or cause its contractors to utilize, Separated Building Materials and Labor Contracts for all taxable building material contracts related to the Development in the amount of One Hundred Thousand Dollars ($100,000.00) or more, to site payment of the sales tax on building materials for the Development to the Property. 10. Warranties. Company warrants and represents to Corporation the following: a. Company is a limited liability company duly organized, validly existing, and in good standing under the laws of the State of Texas, has all power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Company has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. 6 Type B Business Incentive Agreement c. Company has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Company has received a copy of the Act and acknowledges that the funds granted under this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of Company is duly authorized to execute this Agreement on behalf of Company. f. Company does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Company is convicted of a violation under 8 U.S.C. Section 1324a(f), Company shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Company has been notified of the violation. 11. Compliance with Laws. During the Term of this Agreement, Company shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 12. Non-Discrimination. Company covenants and agrees that Company will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Project, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 13. Force Majeure. If the Corporation or Company is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Company are temporarily suspended during continuation of the force majeure. If either party’s obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 7 Type B Business Incentive Agreement 14. Assignment. Company may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void and constitutes a breach of this Agreement. 15. Indemnity. Company covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents (“Indemnitees”) against all liability, damage, loss, claims, demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers’ compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Company’s activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Company must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 16. Events of Default by Company. The following events constitute a default of this Agreement by Company: a. The Corporation or City determines that any representation or warranty on behalf of Company contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Company or any attachment or other levy against the property of Company with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 d ays. c. Company makes an assignment for the benefit of creditors. 8 Type B Business Incentive Agreement d. Company files a petition in bankruptcy or is adjudicated insolvent or bankrupt. e. If taxes owed by Company become delinquent, and Company fails to timely and properly follow the legal procedures for protest or contest. f. Company changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. Company fails to comply with one or more terms of this Agreement. 17. Notice of Default. Should the Corporation or City determine that Company is in default according to the terms of this Agreement, the Corporation or City shall notify Company in writing of the event of default and provide 60 days from the date of the notice (“Cure Period”) for Company to cure the event of default. 18. Results of Uncured Default by Company. After exhausting good faith attempts to address any default during the Cure Period and taking into account any extenuating circumstances that might have occurred through no fault of Company, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Company shall immediately repay all funds paid by Corporation to it under this Agreement. b. Company shall pay Corporation’s reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Company of all sums due, the Corporation and Company shall have no further obligations to one another under this Agreement. 19. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. 9 Type B Business Incentive Agreement b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Company’s default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Company is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or re medies or elect to terminate this Agreement on account of the default. 20. Company specifically agrees that Corporation shall only be liable to Company for the actual amount of the money grants to be conveyed to Company, and shall not be liable to Company for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax re venue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In th is event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Company to be accompanied by all necessary supporting documentation. 21. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year’s funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. Specifically, the parties understand that no funds have been allocated to this Agreement in fiscal year 2020-2021 and that no payment will be due unless sufficient funds are appropriated in the fiscal year 2021 -2022 budget. Staff intends to 10 Type B Business Incentive Agreement present such budget requests to City Council, but cannot guarantee that they will be approved, as budget approval is within the sole discretion of the City Council. 22. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Company: Next Sports Company, LLC Attn: Dr. Kingsley Okonkwo 10201 S Padre Island Dr. #205 Corpus Christi, Texas 78418 Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and Company will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The 11 Type B Business Incentive Agreement employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the te rm of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Company. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 12 Type B Business Incentive Agreement 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 1 5 shall survive the termination of this Agreement. (Remainder of this page intentionally left blank) 13 Type B Business Incentive Agreement Corpus Christi B Corporation By: _______________________________ Scott Harris President Date: ______________________________ Attest: By: ______________________________ Rebecca Huerta Assistant Secretary Next Sports Company, LLC By: ______________________________ Dr. Kingsley Okonkwo Manager Date: ______________________________ THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ___________________, 20 20, by Dr. Kingsley Okonkwo, Manager for Next Sports Company, LLC, a Texas limited liability company, on behalf of the company. _____________________________ Notary Public State of Texas DATE: September 18, 2020 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & ESI Danielmc@cctexas.com 361-826-7011 CAPTION: Ordinance amending the Urban Transportation Plan (UTP) Map of Mobility CC, a transportation element of the Comprehensive Plan, by deleting a portion of Civitan Drive between Ayers St and Crosstown Expressway (State Highway 286); and providing for publication. SUMMARY: As the Agent of IDEA Public Schools; Halff Engineering has requested the deletion of Civitan Drive between Ayers Street and Crosstown Expressway (State Highway 286). This request is associated with the future development of a 15.42 ac tract located between Ayers Street and Crosstown Expressway containing the subject segment of Civitan Drive. BACKGROUND AND FINDINGS: The segment of Civitan Drive; whose removal is being requested is categorized as a C1 – Minor Collector. The Collector Street type collects and distributes traffic to and from local streets, other collectors, arterials, and freeway frontage roads. The function of this street type is to “collect” neighborhood traffic and strategically direct the traffic to the arterial grid system. However, the Collector Street system should not create high speed “short cuts” through residential neighborhoods. The ideal collector street intersection spacing between arterials is 0.25 to 0.50 miles apart. On-street parking and direct access to homes from this street type is discouraged. The proposed change will most impact the property, for which the applicants have requested this segment deletion. The proposed alignment of the segment of Civitan Drive from Ayers to Crosstown Expressway is located entirely within the southern extents of the applicant property (IDEA Public Schools). The removal of this UTP roadway segment will allow the applicant greater flexibility to develop their tract. Additionally, an impact of the construction of Civitan Drive as proscribed by the UTP would be the generation of a non-standard intersection at Proposed Urban Transportation Plan Amendment – Deletion of Civitan Drive between Ayers Street and Crosstown Expressway (State Highway 286) AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2020 Second Reading for the City Council Meeting of October 27, 2020 Civitan Drive and Ayers St. At present a local road named; “Civitan Drive” extends from the current intersection of these two roadways and turns to the North forming the Eastern boundary of the applicant tract (IDEA Public Schools). This turn North is located approximately 125 feet west of the existing intersection of Ayers St and Civitan Drive. If the UTP proscribed segment of Civitan Drive were constructed in its current alignment either a new lighted intersection would need to be constructed approximately 125 feet west of the existing lighted intersection of Ayers St and Civitan Drive (resulting in an non-standard intersection), or the existing local road currently named Civitan Drive would need to be relocated further W est. The vehicular movement that would be facilitated through the connection, east to west of Civitan Drive across the Crosstown Expressway is already facilitated by Holly Road, approximately 2,000 feet to the south of the intersection of Ayers Street and Civitan Drive. This matter has been addressed by both the Traffic Advisory Committee (TAC) and the Planning Commission (PC). Both meetings allowed for public input. Neither meeting resulted in public input that was in opposition to the deletion of the Civitan Drive segment from the UTP. Also, both the TAC and the PC both recommended approval of the deletion of this roadway segment from the UTP. ALTERNATIVES: No alternatives were considered for this request. FISCAL IMPACT:  There is no financial/fiscal impact associated with this ordinance. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends the approval of this amendment to delete the segment of Civitan Drive from Ayers Street to Crosstown Expressway from the City’s UTP. The TAC and PC have both recommended the approval of this amendment to delete this segment of Civitan Drive from the City’s UTP. LIST OF SUPPORTING DOCUMENTS: Exhibit Map: Civitan Drive Area Map Applicant Request for UTP Amendment Presentation Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan, by deleting a portion of Civitan Drive between Ayers St and Crosstown Expressway (State Highway 286); and providing for publication. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to be heard; WHEREAS, City Council held a public hearing, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Urban Transportation Plan map of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the “Comprehensive Plan”), is amended by deleting a portion of Civitan Drive between Ayers St and Crosstown Expressway (State Highway 286), as shown on Exhibits “A,” "B" and "C" which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City’s official publication as required by the City’s Charter. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Exhibit A 3 HALFF ASSOCIATES, INC. 711 N. CARANCAHUA STREET, STE. 1190 TEL. (361) 400-4600 WWW.HALFF.COM CORPUS CHRISTI, TX 78401 August 4, 2020 AVO: 038474.001 City of Corpus Christi Planning & Environmental Services Attn: Daniel McGinn 1201 Leopard Street, 1st Floor Corpus Christi, Texas 78401 Re: Request for Portion of Civitan Dr. Elimination from Transportation Plan IDEA Public Schools Dear Mr. McGinn: Per our telephone discussion on July 29, 2020, I am writing you today on behalf of my client, IDEA Public Schools (IDEA), to formally request that a portion of the proposed Civitan Drive be eliminated from the City of Corpus Christi adopted Transportation Plan. IDEA has entered into a purchase-sale agreement for a 15.42-acre tract of land near the intersection of Civitan Dr. and Ayers St. currently owned by South Padre Investment, Inc. IDEA is currently within the due diligence period of this agreement. A copy of the Category 1A Land Title Survey is attached to this letter as Exhibit “A”. Per the City of Corpus Christi’s Transportation Plan, Civitan Dr. is planned to continue from the Ayers intersection in a westerly direction across the subject property as a collector street, through Crosstown Expwy (TX-286), and tie back into Martin St. on the west side of Crosstown Expwy. It appears that this plan was produced prior to the extension of Crosstown Expwy to the south. As such, Civitan Dr. will no longer continue across Crosstown Expwy. Additionally, Civitan Dr. has been labeled over a local road on the Corpus Christi GIS Viewer as continuing along the frontage of the subject site within public right-of-way and ties back into the frontage road for Crosstown Expwy just north of the turnaround under Crosstown Expwy. Please see Exhibit “B” for further illustration of the existing layout of roadways. The construction of Civitan Dr. as a collector through the subject property would generate a non- standard intersection at Ayers St. The existing Civitan Dr. and Ayers St. intersection is controlled by a signal. If the Civitan Dr. collector were constructed through the subject property, the existing Civitan Dr. local roadway to the west of the intersection would intersect with the proposed collector too close to the signalized intersection and generate a potentially unsafe situation. See Exhibit “B” identifying this location. Furthermore, the construction of the Civitan Dr. collector roadway to the west of the aforementioned intersection no longer appears to be warranted, given the existing locations of Crosstown Expwy, Ayers Street, and Holly Rd., which currently provide adequate access for all blocks between S. Padre Island Drive and Holly Rd. Mr. Daniel McGinn City of Corpus Christi August 4, 2020 Page 2 For these reasons, we request that the City of Corpus Christi remove the extension of the Civitan Dr. collector roadway to the west of the existing Civitan Dr. and Ayers St. intersection. Please consider this request and provide the necessary steps to present this to the Planning and Zoning Commission for approval at the earliest opportunity. Should you need any further information or desire to discuss this in detail, please do not hesitate to call me at 361-400-4600 or 512-777-4603. Thank you in advance for your consideration of this request. Sincerely, Robert W. Scholz, P.E. Civil Engineering Team Leader cc: Alan Kirchhoff – PMSI Ernie Villarreal - PMSI ····“”·“”·””S:\Surveying\19925\B902\S019925B902_20190218.dwgEXHIBIT "A" Civitan Dr.already extendsto FrontageRoadRequest to eliminate thisportion of Civitan fromTransportation PlanExisting Civitan Dr.intersection would be tooclose to signalizedintersection.EXHIBIT "B" E E E E Crosstown ExpySouth Padre Island Dr Civitan Dr Ayers StMilo St Holly Dr Richter StIDE A Pu blic Sch oo ls Pro pe rty Kostoryz RdSokol Dr McArdle Rd Greenwood DrPro po sed U TP Seg m ent Re m ova l C1 F1 C2 A1 A2A2 C1 A1 A1 A1 C1 F1 C1 C1 C1 F1 F1 F1 A1 C1 A1 C1 F1 F1 F1 F1 C1 C1 A1 A1 ¯0 1,0 00 2,0 00500Feet Civitan Dr ive - Ar ea Ma p Legend Tar get Parc els Par cel Boundary Transportation Plan - Roadwa y Typ e s Freew ay - Exis ting Minor Arteri al - Exi sti ng Minor C ol lec tor - Exis ting Secondar y C ollector - Exis ti ng Min o r A rte ri al - P ro po se d Se co nd ar y A rt eri al - P ro po se d Min o r C ol lec to r - P rop o se d City Council October 20, 2020 Urban Transportation Plan (UTP) Amendment – Deletion of Civitan Drive between Ayers and West ROW of State Highway 286 1 Urban Transportation Plan – Civitan Drive 2 Urban Transportation Plan – Civitan Drive 3 Background: Civitan Drive Project 4 •IDEA Public Schools purchased the 15.42 ac tract previously owned by South Padre Investment Inc. •Current UTP calls for the extension of Civitan Drive, from East to West across of State Hwy 28. •The construction of Civitan Drive to the west of Ayers appears to, no longer be warranted given the current transportation network. Recommendation: 5 •Staff Recommends Approval DATE: September 21, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $157,601.00 for the FY 2020 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department; and appropriating $157,601.00 in the Police Grants Fund with $78,800.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $78,801.00 to be used by the City. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of funds for the FY 2020 Edward Byrne Memorial Justice Assistance Grant program for the purchase of equipment to enhance law enforcement efforts. The funds will be used to purchase equipment such as tasers, video equipment for interview rooms, and consoles for the Department Operations Center. BACKGROUND AND FINDINGS: Under the Justice Assistance Grant (JAG), Corpus Christi has been declared a disparate jurisdiction and has agreed to split the funds 50/50 with Nueces County. The JAG funds are based on Part 1 violent crimes reported by the City and County. The City reports a greater amount of Part 1 crimes than the County, yet the County is responsible for providing criminal justice services such as incarceration and prosecution for the City. This 50/50 agreement has been in place since 2008. Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding must be completed, signed, and faxed to Office of Justice Programs, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and County have agreed that Accepting and Appropriating the FY2020 Edward Byrne Justice Assistance Grant Award for the Police Department AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 20, 2020 Second Reading Ordinance for the City Council Meeting of October 27, 2020 the City will serve as the lead agency. The Nueces County Commissioners Court approved the interlocal agreement on July 29, 2020. City Council approved the agreement on August 11, 2020. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice. With this award, the program has provided a total of $5,685,938 in grant funds to the City since the program began in 1996. The funds have been used to purchase vehicles and other law enforcement equipment. The 2019 JAG grant amount was $80,917.00 with funding used to purchase tasers, undercover pole cameras, traffic monitoring software, and body cameras. The FY 2020 awarded funds will be used to purchase tasers, video equipment, and enhancements to the Department Operations Center which serves as the Emergency Operations Center for the Police Department. ALTERNATIVES: None FISCAL IMPACT: The fiscal impact in FY21 is the acceptance of grant funds in an amount of $157,601.00 and appropriating $157,601.00 to the Police Grants Fund. There is no required match funding. Due to an interlocal agreement $78,800.00 will be distributed to Nueces County and the remaining $78,801.00 to be used by the City for the purchase of equipment. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: Project: Account: 520090 Minor Tools 530000 Professional Services RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award Interlocal agreement with Nueces County Ordinance authorizing acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $157,601.00 for FY2020 Edward Byrne Memorial Justice Assistance Grant program; and appropriating $157,601 in Police Grants Fund with $78,800 to be distributed to Nueces County based on an interlocal agreement and the remaining $78,801.00 to be used by the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager of designee is authorized to execute all documents necessary to accept a grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in the amount of $157,601.00 for FY 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program . SECTION 2. $157,601.00 is appropriated in the No. 1061 Police Grants Fund for the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement. Under the interlocal agreement, $78,800 of the funds are to be distributed to Nueces County and the remaining $78,801.00 to be used by the City. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Department of Justice (DOJ) Office of Justice Programs Washington, D.C. 20531Office of the Assistant Attorney General September 18, 2020 Mr. Peter Zanoni City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120 Dear Mr. Zanoni: On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ), has approved the application by City of Corpus Christi for an award under the OJP funding opportunity entitled "JAG Local: Eligible Allocation Amounts $25,000 or More." The approved award amount is $157,601. These funds are for the project entitled 2020 JAG Grant. The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, OJP sets out -- by funding opportunity -- certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award. Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any subrecipient of the award.) Should City of Corpus Christi accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Please direct questions regarding this award as follows: - For program questions, contact Wendy Y. Rose, Program Manager at (202) 514-7842; and - For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at (800) 458-0786, or at ask.ocfo@usdoj.gov. We look forward to working with you. Sincerely, Encl. Katharine T. Sullivan Principal Deputy Assistant Attorney General Director Michael L. Alston Department of Justice (DOJ) Office of Justice Programs September 18, 2020 Mr. Peter Zanoni City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120 Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Dear Mr. Zanoni: Sincerely, cc:Grant Manager Financial Analyst Washington, DC 20531 Office of Civil Rights Grant PAGE 1 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD $ 0 $ 157,601 11. TOTAL AWARD $ 157,601 2a. GRANTEE IRS/VENDOR NO. 746000576 2b. GRANTEE DUNS NO. 069457786 3. PROJECT TITLE 2020 JAG Grant 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Katharine T. Sullivan Principal Deputy Assistant Attorney General AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. FISCAL YEAR FUND CODE BUD. ACT.OFC. DIV. REG.SUB.POMS AMOUNT DJBX 80 00 00 157601 VDJUGT3070 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Peter Zanoni City Manager 4. AWARD NUMBER:2020-DJ-BX-0642 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 7. ACTION Initial 09/18/2020 TO TO 10/01/2019 10/01/2019 09/30/2023 09/30/2023 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL 32 AWARD CONTINUATION SHEET Grant PAGE 2 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 1. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 3 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 2. 3. 4. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 4 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2018, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 5. 6. 7. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 5 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 8. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 6 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or 9. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 7 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E- Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 10. 11. 12. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 8 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. 13. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 9 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. 14. 15. 16. 17. 18. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 10 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 19. 20. 21. 22. 23. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 11 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 24. 25. 26. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 12 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 27. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 13 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 28. 29. 30. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 14 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded wholly or partly with award funds is subject to any "information-communication restriction." B. Also, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in par. 1.A of this condition) that would be reimbursed wholly or partly with award funds was subject to any information-communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in par. 1.A of this condition, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: information-communication restrictions; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in par. 1.A of this condition, may be subject to any information- communication restriction. Also, any subaward (at any tier) to a subrecipient described in paragraph 1.A of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction. 2. Any subaward (at any tier) to a subrecipient described in par. 1.A of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information- communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... information- communication restrictions; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information-communication restriction" has the meaning set out in the "Noninterference ... information-communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... information- communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. 31. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 15 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: information-communication restrictions; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information-communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in paragraph 1.A of this condition) that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in paragraph 1.A of this condition, is in compliance with the award condition entitled "No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in paragraph 1.A of this condition, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a subrecipient described in paragraph 1.A of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction. 2. Any subaward (at any tier) to a subrecipient described in paragraph 1.A of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information-communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere … information-communication restrictions; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information-communication restriction" has the meaning set out in the "No use of funds to interfere ... information-communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere ... information-communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. 32. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 16 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information- communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) “DHS” means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 33. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 17 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance 1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information-communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) “DHS” means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 34. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 18 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law-enforcement-sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition-- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law-enforcement information" means law-enforcement-sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law-enforcement-sensitive information" means records or information compiled for any law- enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. 35. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 19 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: No public disclosure of certain law-enforcement-sensitive information SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no funds under this award may be used to make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition-- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law-enforcement information" means law-enforcement-sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law-enforcement-sensitive information" means records or information compiled for any law- enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. 36. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 20 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government- contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. 37. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 21 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: Notice of scheduled release SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or - official (including a government-contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. 38. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 22 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" funded (wholly or partly) by this award, as of the date the recipient accepts the award, and throughout the rest of the award period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations--including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain” in the U.S., and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside” the U.S.--within the funded program or activity, no State or local government entity, -agency, or - official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means “criminal alien.” (2) The term “juvenile offender” means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of- (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under 34 USC 10251(a)(7)) as of January 1, 2020. (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that- (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. 39. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 23 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS (7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) "Program or activity" means what it means under 42 USC 2000d-4a. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 24 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government- contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means “criminal alien.” (2) The term “juvenile offender” means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of— (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 USC 10251(a)(7)). (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that— (a) is designed to prevent or to significantly delay or complicate, or 40. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 25 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS (b) has the effect of preventing or of significantly delaying or complicating. (7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) "Program or activity" means what it means under 42 USC 2000d-4a. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. Requirement to collect certain information from subrecipients Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 41. 42. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 26 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 43. 44. 45. 46. 47. 48. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 27 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 49. 50. 51. 52. 53. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 28 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 54. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 29 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 55. 56. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 30 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (https://bjapmt.ojp.gov/). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 57. 58. 59. 60. 61. 62. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 31 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. JAG FY 2020 - Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 [BJA] Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2019), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx. 63. 64. 65. 66. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 32 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0642 SPECIAL CONDITIONS Withholding of funds: Disclosure of pending applications The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice has been issued to remove this condition. Withholding of funds: NIBRS set-aside in Disparate jurisdictions The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews and accepts, documentation of compliance with the required NIBRS 3 percent set-aside by the recipient and each disparate subrecipient, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. For each jurisdiction, including the recipient and disparate subrecipients, such documentation may be either (1) a budget that clearly documents that the jurisdiction has dedicated at least 3 percent of the total amount of their allocation to NIBRS compliance activities, or (2) documentation showing that the jurisdiction has been certified as NIBRS compliant. Withholding of funds: Budget narrative or information The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 67. 68. 69. OJP FORM 4000/2 (REV. 4-88) 32 Memorandum To: From: Subject: Washington, D.C. 20531 Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for City of Corpus Christi The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Official Grant File GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 1. STAFF CONTACT (Name & telephone number) PROJECT NUMBER 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD 9. AMOUNT OF AWARD 10. DATE OF AWARD 11. SECOND YEAR'S BUDGET 2020-DJ-BX-0642 2. PROJECT DIRECTOR (Name, address & telephone number) 4. TITLE OF PROJECT 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 5. NAME & ADDRESS OF GRANTEE Grant This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) Pat Eldridge Police Management Services Director P. O.Box 9277 Corpus Christi, TX 78469-9016 (361) 886-2696 PAGE 11OF The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs. This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information Wendy Y. Rose (202) 514-7842 OJP FORM 4000/2 (REV. 4-88) 2020 JAG Grant City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120 TO:10/01/2019 09/30/2023FROM:TO:10/01/2019 09/30/2023FROM: 09/18/2020 $ 157,601 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 3a. TITLE OF THE PROGRAM JAG Local: Eligible Allocation Amounts $25,000 or More Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 20, 2020 Action Item for the City Council Meeting of October 27, 2020 DATE: September 22, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Ordinance accepting and appropriating Airport Grant # 60 from the United States Department of Transportation-Federal Aviation Administration in an amount of $8,846,317.00 for the Corpus Christi International Airport, Terminal Apron Phase IV and East General Aviation Apron Phase V projects redevelopment and awarding a construction contract in an amount of $11,201,609.96 to Head, Inc. of Columbus, Ohio, with funding available from the Airport Capital Improvement Program Grants Fund. SUMMARY: This ordinance authorizes acceptance of Airport Grant # 60 from the United States Department of Transportation-Federal Aviation Administration (FAA) and awards a construction contract with Head Inc., to provide construction services for the Corpus Christi International Airport (CCIA) Terminal Apron Phase IV, East General Aviation (GA) Apron Phase V, Gate 9G Driveway reconstruction, West GA Apron and West Perimeter Road rehabilitation with concrete pavement. These services are necessary to rehabilitate the aprons located at the CCIA. The Grant will not require a ten percent City match due to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act 2020). Additional funds required to complete the project are available from Airport Grant # 57 and 58 which are previous phases of the terminal apron rehabilitation project. This contract represents the fifth and final year of a five-year program to rehabilitate the CCIA Aprons. Grant Acceptance and Construction Contract Award Corpus Christi International Airport Rehabilitate Terminal Apron Phase IV and East General Aviation Apron Phase V BACKGROUND AND FINDINGS: CCIA is owned, operated, and maintained by the City of Corpus Christi. CCIA serves more than 360,000 passengers annually and over 100,000 aircraft operations each year. The Terminal Apron, East and West General Aviation Aprons are areas of the airport where aircrafts are parked, cargo is loaded and unloaded, aircrafts are refueled, and passengers boarded. The Terminal Apron services commercial passenger airlines that access the main terminal and the East and West GA Aprons is essential for maintaining service to general aviation aircraft and supports private terminals and hangars on the east and west side of the airport. The total pavement area of the two aprons is approximately 161,000 square yards (SY) with approximately 102,000 SY for the Terminal Apron, 59,000 SY for the East GA Apron and 350 SY for the West GA Apron. The existing pavement is over 20 years old and has a combination of Portland Cement Concrete (PCC) and Hot-Mix-Asphalt-Concrete (HMAC). It is experiencing severe distress with cracking, rutting and concrete spalling. This deterioration creates a high potential for generating "foreign object debris" (FOD). FOD can cause damage to the aircraft when FOD enters engines or gets propelled at high velocities by aircraft engine exhaust or propeller speed. The pavement cracking allows water penetration into the base and subgrade, accelerating structural degradation of pavement. The existing pavement was not originally designed for the current heavier aircraft and equipment loads. On September 3, 2020 CCIA received Airport Grant # 60 in an amount of $8,846,317 from the United States Department of Transportation-FAA. The Grant is to rehabilitate CCIA Terminal Apron Phase IV, East GA Apron Phase V, Gate 9G Driveway reconstruction, West Perimeter Road Rehabilitation with asphalt pavement, West GA Apron and West Perimeter Road rehabilitation with concrete pavement. The Grant does not require ten percent City participation which is usually required by FAA grant. The ten percent match for the project is provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Design and construction are being completed in a phased approach with the majority of required funding provided through the FAA grant program. This contract represents the fifth and final year of a five-year program to rehabilitate CCIA Aprons and future phases are contingent on FAA Funding. The rehabilitation work must be completed within four years from the acceptance of the grant. PROJECT TIMELINE: 2020 2021 J J A S O N D J F M A M J J A S BID/AWARD CONSTRUCTION Projected Schedule reflects City Council award in October 2020 with anticipated completion in September 2021. COMPETITIVE SOLICITATION PROCESS: On June 24, 2020, the City received two bids however, only one was a responsive and responsible bidder, as summarized below: BID SUMMARY Head Inc. Burnside Services, Inc. Base Bid $9,685,962.91 Additive Alternate #1 $1,335,950.50 Additive Alternate #2 $179,696.55 Additive Alternate #3 (not accepted) -$404,492.00 Total $11,201,609.96 Non-Responsive *Engineer’s Estimate $10,886,000.00 *Engineer’s estimate includes Base Bid plus all additive alternates. BID EVALUATIONS: The City analyzed the bids in accordance with the contract documents and determined that Head Inc., of Columbus, Ohio, was the lowest responsive and responsible bidder. Head Inc., of Columbus, Ohio has been in business since 1927 and specializes in airfield concrete paving for municipality projects. Head Inc. has previously completed CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV project. ALTERNATIVES: The alternative is not to award the construction contract to the lowest bidder, Head Inc. of Columbus, Ohio. This alternative would delay the project and impede on Council’s goals to complete it in a timely manner and within budget. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $11,201,609.96 with funding available through acceptance and appropriation of Airport Grant #60 to the capital fund, with the remaining funding in an amount of $2,355,292.96 available from the fund balance of the Airport Capital Improvement Program Grants Fund from savings from Airport Grant #57 and #58. FUNDING DETAIL: Fund: Airport Capital Improvement Program Grants Fund (Fund 3020) Mission Element: Airport Development (ME #274) Projects: CCIA Rehabilitate Terminal Apron Phase IV (Project #20260A as seen in the FY2021 Capital Book under project # E15223) CCIA Rehabilitate East GA Apron Phase V (Project #20261A as seen in the FY2021 Capital Book under project # E12156) Account: Construction (550910) Amount: #20260-A: $ 3,604,531.56 #20261-A: $ 7,597,078.40 RECOMMENDATION: Staff recommends awarding the construction contract for the CCIA Rehabilitate Terminal Apron Phase IV and East General Aviation Apron Phase V projects, in the amount of $11,201,609.96 for the total base bid and additive alternates 1 and 2 with Head, Inc. of Columbus Ohio, based on the acceptance and appropriation of the grant. The construction duration is planned for 11 months from issuance of the Notice to Proceed to begin construction in October 2020 with completion in September 2021. LIST OF SUPPORTING DOCUMENTS: Ordinance Bid Tab Construction Contract Location Maps Grant Acceptance Ordinance accepting and appropriating Airport Grant # 60 from the United States Department of Transportation-Federal Aviation Administration in the amount of $8,846,317.00 for the Corpus Christi International Airport, Terminal Apron Phase IV and East General Aviation Apron Phase V projects and awarding a construction contract in the amount of $11,201,609.96 to Head, Inc. of Columbus, Ohio, with funding available in the Airport Capital Improvement Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $8,846,317 from Federal Aviation Administration Grant No. 3-48-0051- 060-2020 is accepted and appropriated in the No. 3020 Airport Capital Improvement Program Grants Fund. SECTION 2. Additional unspent funding from Federal Aviation Administration Grants Nos. 57 and 58 in the amount of $2,355,292.96 will be utilized to award a construction contract in the amount of $11,201,609.96. SECTION 3. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to appropriate the revenue and increase revenues and expenditures by $8,846,317. SECTION 4. The apparent low bid submitted by Burnside Services, Inc is rejected as non - responsive. SECTION 5. The City Manager or designee is authorized to execute a construction contract with Head, Inc. of Columbus, Ohio for the Total Base Bid plus Additive Alternates No. 1 & 2 in the amount of $11,201,609.96 for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase IV and East General Aviation Apron Phase V projects. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Paulette M. Guajardo ________________ Everett Roy ______________ Gil Hernandez ________________ Greg Smith ______________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Paulette M. Guajardo ________________ Everett Roy ______________ Gil Hernandez ________________ Greg Smith ______________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Completion: 300 Cal Days ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT A1 01 29 01 MOBILIZATION (MAX. 5%)LS 1 474,337.88$ 474,337.88$ A2 01 29 01 BONDS AND INSURANCE AL 1 129,975.99$ 129,975.99$ A3 01 57 00 OZONE ADVISORY DAYS Day 2 658.50$ 1,317.00$ 605,630.87$ 0.00 B1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $ 433,392.92 $ 433,392.92 B2 SS-130-4.1 TRENCH AND EXCAVATION SAFETY SYSTEMS L.S.1 $ 658.50 $ 658.50 B3 SS-300-5.1a LOCKOUT/TAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES (TERMINAL APRON)L.S.1 $ 5,252.80 $ 5,252.80 B4 SS-301-5.1 EXISTING BASE MOUNTED EDGE LIGHT, REMOVED EACH 10 $ 397.09 $ 3,970.90 B5 SS-310-5.1a TEMPORARY AIRFIELD LIGHTING (TERMINAL APRON)L.S.1 $ 10,441.56 $ 10,441.56 B6 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $ 36,082.61 $ 36,082.61 B7 D-701-5.1 11-INCH X 18-INCH ARCH RCP (CLASS III), INSTALLED LF 140 $ 210.78 $ 29,509.20 B8 D-705-5.1a 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED LF 650 $ 35.59 $ 23,133.50 B9 D-705-5.1b 4 INCH NONPERFORATED OUTFALL PIPE, INSTALLED LF 350 $ 14.34 $ 5,019.00 B10 D-705-5.1c 8 INCH NONPERFORATED OUTFALL PIPE, INSTALLED LF 450 $ 18.35 $ 8,257.50 B11 D-705-5.2 UNDERDRAIN CLEANOUT EACH 6 $ 1,521.20 $ 9,127.20 B12 D-705-5.3 SAFETY END TREATMENT EACH 2 $ 1,295.34 $ 2,590.68 B13 D-751-5.1 PRECAST CONCRETE 48-INCH ROUND MANHOLE WITH RIM AND LID, INSTALLED EACH 1 $ 5,559.76 $ 5,559.76 B14 D-751-5.2 PRECAST CONCRETE 48-INCH ROUND CATCH BASIN WITH RIM AND GRATE, INSTALLED EACH 1 $ 4,612.92 $ 4,612.92 B15 P-101-5.1 PAVEMENT REMOVAL, ASPHALT (~23")S.Y.8,520 $ 19.01 $ 161,965.20 B16 P-101-5.4 PAVEMENT REMOVAL, CONCRETE (15")S.Y.90 $ 38.18 $ 3,436.20 B17 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.100 $ 141.02 $ 14,102.00 B18 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.440 $ 95.83 $ 42,165.20 B19 P-152-4.2 UNSUITABLE EXCAVATION C.Y.110 $ 59.37 $ 6,530.70 B20 P-304-8.1 CEMENT-TREATED BASE COURSE (10")S.Y.9,090 $ 46.43 $ 422,048.70 TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS PART A - GENERAL PART B - TERMINAL APRON Head Inc. 4477 E 5th Ave. TABULATED BY: Clarissa Johnson BID DATE: June 24, 2020 DESIGN ENGINEER: GARVER SUBTOTAL PART A - GENERAL (A1 thru A3) Project Nos. 20260A & 20261A Columbus,OH 43219 Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V RFB 3084 Corpus Christi International Airport (CCIA) Burnside Services, Inc.* Base Bid Navasota,TX 77868 Page 1 of 6 Completion: 300 Cal Days ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS Head Inc. 4477 E 5th Ave. TABULATED BY: Clarissa Johnson BID DATE: June 24, 2020 DESIGN ENGINEER: GARVER Project Nos. 20260A & 20261A Columbus,OH 43219 Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V RFB 3084 Corpus Christi International Airport (CCIA) Burnside Services, Inc.* Navasota,TX 77868 B21 P-501-8.1 PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT)S.Y.8,990 $ 136.49 $ 1,227,045.10 B22 P-620-5.1a PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA S.F.1,200 $ 2.29 $ 2,748.00 B23 P-620-5.1b PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA S.F.2,670 $ 3.52 $ 9,398.40 B24 P-620-5.1d TEMPORARY PAVEMENT MARKINGS (YELLOW) WITHOUT REFLECTIVE MEDIA S.F.600 $ 2.40 $ 1,440.00 B25 P-620-5.2 PAVEMENT MARKING REMOVAL S.F.560 $ 5.27 $ 2,951.20 B26 T-901-5.1 SEEDING S.Y.2,350 $ 5.38 $ 12,643.00 B27 T-904-5.1 SODDING S.Y.470 $ 15.33 $ 7,205.10 B28 L-108-5.1 NO. 8 AWG, 5 kV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT L.F.1,250 $ 3.34 $ 4,175.00 B29 L-108-5.2 NO. 6 AWG, SOLID, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS L.F.600 $ 3.48 $ 2,088.00 B30 L-110-5.2 NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY 2"C L.F.600 $ 25.06 $ 15,036.00 B31 L-125-5.1 L-861T(L) BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED EACH 10 $ 2,860.99 $ 28,609.90 2,541,196.75$ 0.00 C1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $ 731,266.51 $ 731,266.51 C2 SS-130-4.1 TRENCH AND EXCAVATION SAFETY SYSTEMS L.S.1 $ 658.50 $ 658.50 C3 SS-262-5.1 TIEDOWN ANCHOR EACH 36 $ 176.99 $ 6,371.64 C4 SS-300-5.1b LOCKOUT/TAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES (EAST GA APRON)L.S.1 $ 6,303.93 $ 6,303.93 C5 SS-301-5.1 EXISTING BASE MOUNTED EDGE LIGHT, REMOVED EACH 8 $ 397.04 $ 3,176.32 C6 SS-310-5.1b TEMPORARY AIRFIELD LIGHTING (EAST GA APRON)L.S.1 $ 10,441.56 $ 10,441.56 C7 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $ 11,445.94 $ 11,445.94 C8 D-705-5.1a 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED LF 400 $ 26.06 $ 10,424.00 C9 D-705-5.1b 4 INCH NONPERFORATED OUTFALL PIPE, INSTALLED LF 180 $ 15.70 $ 2,826.00 SUBTOTAL PART B - TERMINAL APRON (B1 thru B31) PART C - EAST GA APRON Page 2 of 6 Completion: 300 Cal Days ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS Head Inc. 4477 E 5th Ave. TABULATED BY: Clarissa Johnson BID DATE: June 24, 2020 DESIGN ENGINEER: GARVER Project Nos. 20260A & 20261A Columbus,OH 43219 Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V RFB 3084 Corpus Christi International Airport (CCIA) Burnside Services, Inc.* Navasota,TX 77868 C10 D-705-5.2 UNDERDRAIN CLEANOUT EACH 5 $ 1,484.10 $ 7,420.50 C11 D-705-5.3 SAFETY END TREATMENT EACH 2 $ 1,295.34 $ 2,590.68 C12 P-101-5.2 PAVEMENT REMOVAL, ASPHALT (~12")S.Y.20,600 $ 10.56 $ 217,536.00 C13 P-101-5.4 PAVEMENT REMOVAL, CONCRETE (15")S.Y.242 $ 37.05 $ 8,966.10 C14 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.100 $ 141.02 $ 14,102.00 C15 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.6,750 $ 35.51 $ 239,692.50 C16 P-152-4.2 UNSUITABLE EXCAVATION C.Y.1,690 $ 47.95 $ 81,035.50 C17 P-155-8.1 LIME-TREATED SUBGRADE (12")S.Y.21,430 $ 14.08 $ 301,734.40 C18 P-155-8.2 LIME TON 650 $ 439.96 $ 285,974.00 C19 P-304-8.1 CEMENT-TREATED BASE COURSE (10")S.Y.21,130 $ 47.47 $ 1,003,041.10 C20 P-501-8.1 PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT)S.Y.20,980 $ 139.66 $ 2,930,066.80 C21 P-620-5.1a PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA S.F.850 $ 1.37 $ 1,164.50 C22 P-620-5.1b PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA S.F.1,430 $ 2.62 $ 3,746.60 C23 P-620-5.2 PAVEMENT MARKING REMOVAL S.F.310 $ 5.27 $ 1,633.70 C24 T-901-5.1 SEEDING S.Y.1,560 $ 5.38 $ 8,392.80 C25 T-904-5.1 SODDING S.Y.800 $ 10.60 $ 8,480.00 C26 L-108-5.1 NO. 8 AWG, 5 kV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT L.F.1,650 $ 3.34 $ 5,511.00 C27 L-108-5.2 NO. 6 AWG, SOLID, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS L.F.700 $ 3.48 $ 2,436.00 C28 L-110-5.2 NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY 2"C L.F.700 $ 25.06 $ 17,542.00 C29 L-125-5.1 L-861T(L) BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED EACH 12 $ 2,860.99 $ 34,331.88 5,958,312.46$ 0.00 D1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $ 9,142.51 $ 9,142.51 D2 SS-300-5.1c LOCKOUT/TAGOUT (GATE 9G)L.S.1 $ 3,153.35 $ 3,153.35 SUBTOTAL PART C - EAST GA APRON (C1 thru C29) Part D - GATE 9G DRIVEWAY RECONSTRUCTION Page 3 of 6 Completion: 300 Cal Days ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS Head Inc. 4477 E 5th Ave. TABULATED BY: Clarissa Johnson BID DATE: June 24, 2020 DESIGN ENGINEER: GARVER Project Nos. 20260A & 20261A Columbus,OH 43219 Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V RFB 3084 Corpus Christi International Airport (CCIA) Burnside Services, Inc.* Navasota,TX 77868 D3 SS-300-5.2 ARCHITECTURAL SINGLE LIGHT FIXTURE AND ACCESSORIES, INSTALLED EACH 1 $ 1,399.17 $ 1,399.17 D4 SS-300-5.3 ARCHITECTURAL SINGLE LIGHT FIXTURE, MAST ARM, AND ACCESSORIES, INSTALLED EACH 1 $ 1,531.43 $ 1,531.43 D5 SS-301-5.2 EXISTING GATE 9G EQUIPMENT, REMOVED L.S.1 $ 14,309.21 $ 14,309.21 D6 SS-301-5.3 EXISTING AREA LIGHT, REMOVED EACH 1 $ 633.45 $ 633.45 D7 SS-350-5.1 GATE 9G EQUIPMENT, INSTALLED L.S.1 $ 20,513.57 $ 20,513.57 D8 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $ 1,158.96 $ 1,158.96 D9 F-162-5.1 EXISTING CHAIN-LINK FENCE WITH BARBED WIRE INSTALLED ON NEW FENCE HARDWARE, FURNISH AND INSTALL PVC FENCE SLATS (BLACK) L.F.180 $ 136.96 $ 24,652.80 D10 F-162-5.2 EXISTING CHAIN-LINK FENCE WITH BARBED WIRE, REMOVED, STORED AND SALVAGE, EXISTING FENCE MATERIAL AND CONCRETE REMOVED AND DISPOSED L.F.180 $ 42.93 $ 7,727.40 D11 P-101-5.3 PAVEMENT REMOVAL, ASPHALT (4")S.Y.575 $ 5.16 $ 2,967.00 D12 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.310 $ 43.02 $ 13,336.20 D13 P-152-4.2 UNSUITABLE EXCAVATION C.Y.80 $ 62.47 $ 4,997.60 D14 P-304-8.2 CEMENT-TREATED BASE COURSE (15")S.Y.610 $ 80.20 $ 48,922.00 D15 P-501-8.2 PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT)S.Y.600 $ 123.49 $ 74,094.00 D16 L-108-5.3 NO. 8 AWG STRANDED, 600V RATED, TYPE THHN/THWN-2 CABLE, INSTALLED IN DUCT BANK OR CONDUIT L.F.320 $ 2.65 $ 848.00 D17 L-108-5.4 NO. 12 AWG STRANDED, 600V RATED, TYPE THHN/THWN-2 GREEN INSULATED EQUIPMENT GROUND, INSTALLED IN DUCT BANK OR CONDUIT L.F.160 $ 2.23 $ 356.80 D18 L-110-5.1 NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY 1"C L.F.100 $ 23.67 $ 2,367.00 232,110.45$ 0.00 E1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $ 101,390.52 $ 101,390.52 E2 SS-243-4.1 STOP SIGN, INSTALLED EACH 2 $ 1,078.27 $ 2,156.54 E3 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $ 1,791.12 $ 1,791.12 E4 P-101-5.3 PAVEMENT REMOVAL, ASPHALT (4")S.Y.100 $ 18.07 $ 1,807.00 E5 P-101-5.5 ASPHALT PAVEMENT CRACK REPAIR (<1.5" WIDTH)L.F.900 $ 7.86 $ 7,074.00 SUBTOTAL PART D - GATE 9G DRIVEWAY RECONSTRUCTION (D1 thru D18) Part E - WEST PERIMETER ROAD REHABILITATION - HMAC Page 4 of 6 Completion: 300 Cal Days ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS Head Inc. 4477 E 5th Ave. TABULATED BY: Clarissa Johnson BID DATE: June 24, 2020 DESIGN ENGINEER: GARVER Project Nos. 20260A & 20261A Columbus,OH 43219 Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V RFB 3084 Corpus Christi International Airport (CCIA) Burnside Services, Inc.* Navasota,TX 77868 E6 P-101-5.6 ASPHALT PAVEMENT CRACK REPAIR (>1.5" WIDTH)L.F.300 $ 44.13 $ 13,239.00 E7 P-101-5.7 ASPHALT EDGE REPAIR L.F.1,300 $ 49.99 $ 64,987.00 E8 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.200 $ 143.58 $ 28,716.00 E9 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.50 $ 104.29 $ 5,214.50 E10 P-152-4.2 UNSUITABLE EXCAVATION C.Y.20 $ 92.31 $ 1,846.20 E11 P-304-8.2 CEMENT-TREATED BASE COURSE (15")S.Y.100 $ 119.44 $ 11,944.00 E12 P-501-8.2 PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT)S.Y.100 $ 189.29 $ 18,929.00 E13 P-620-5.1c PAVEMENT MARKINGS (WHITE) WITHOUT REFLECTIVE MEDIA S.F.75 $ 9.58 $ 718.50 E14 TX-340-6.1 DENSE-GRADED HOT-MIX ASPHALT PAVEMENT (TYPE D)TON 300 $ 296.33 $ 88,899.00 348,712.38$ 0.00 F1 P-101-5.9 CONCRETE SPALL REPAIR S.F.2,500 $ 99.99 $ 249,975.00 F2 P-101-5.10 CONCRETE CRACK REPAIR L.F.5,000 $ 7.03 $ 35,150.00 F3 P-101-5.11 FULL DEPTH CONCRETE PAVEMENT REPAIR S.Y.350 $ 697.01 $ 243,953.50 F4 P-101-5.12 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS ≤ 1" (COMPRESSION JOINT SEALANT)L.F.55,200 $ 7.91 $ 436,632.00 F5 P-101-5.13 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS >1" (COMPRESSION JOINT SEALANT)L.F.13,000 $ 28.48 $ 370,240.00 1,335,950.50$ 0.00 G1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $ 389.73 $ 389.73 G2 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $ 1,791.12 $ 1,791.12 G3 P-101-5.3 PAVEMENT REMOVAL, ASPHALT (4")S.Y.1,615 $ 4.42 $ 7,138.30 G4 P-101-5.5 ASPHALT PAVEMENT CRACK REPAIR (<1.5" WIDTH)L.F.-900 $ 7.86 $ (7,074.00) G5 P-101-5.6 ASPHALT PAVEMENT CRACK REPAIR (>1.5" WIDTH)L.F.-300 $ 44.13 $ (13,239.00) G6 P-101-5.7 ASPHALT EDGE REPAIR L.F.-1,300 $ 49.99 $ (64,987.00) G7 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.-200 $ 143.58 $ (28,716.00) G8 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.880 $ 30.33 $ 26,690.40 G9 P-152-4.2 UNSUITABLE EXCAVATION C.Y.240 $ 104.84 $ 25,161.60 SUBTOTAL PART F - ADDITIVE ALTERNATE I - WEST GA APRON (F1 THRU F5) Part G- ADDITIVE ALTERNATE NO. II - WEST PERIMETER ROAD REHABILITATION - PCC Part F - ADDITIVE ALTERNATE NO. I - WEST GA APRON SUBTOTAL PART E - WEST PERIMETER ROAD REHABILITATION - HMAC (E1 thru E14) Page 5 of 6 Completion: 300 Cal Days ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT TABULATION OF BIDS CONTRACTS AND PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS Head Inc. 4477 E 5th Ave. TABULATED BY: Clarissa Johnson BID DATE: June 24, 2020 DESIGN ENGINEER: GARVER Project Nos. 20260A & 20261A Columbus,OH 43219 Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V RFB 3084 Corpus Christi International Airport (CCIA) Burnside Services, Inc.* Navasota,TX 77868 G10 P-304-8.2 CEMENT-TREATED BASE COURSE (15")S.Y.1,920 $69.01 $ 132,499.20 G11 P-501-8.2 PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT)S.Y.1,660 $113.82 $ 188,941.20 G12 TX-340-6.1 DENSE-GRADED HOT-MIX ASPHALT PAVEMENT (TYPE D)TON -300 $296.33 $ (88,899.00) 179,696.55$ 0.00 H1 P-101-5.14 SILICONE JOINT SEALANT REPLACEMENT PER ITEM P-605 L.F.68,200 $5.90 $ 402,380.00 H2 P-101-5.12 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS ≤ 1" (COMPRESSION JOINT SEALANT)L.F.-55,200 $7.91 $ (436,632.00) H3 P-101-5.13 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS >1" (COMPRESSION JOINT SEALANT)L.F.-13,000 $28.48 $ (370,240.00) (404,492.00)$ 0.00 TOTAL PROJECT BASE BID (PARTS A THRU E)9,685,962.91$ $0.00 TOTAL ADDITIVE ALTERNATE I (PART F)1,335,950.50$ $0.00 TOTAL ADDITIVE ALTERNATE II (PART G)179,696.55$ $0.00 TOTAL ADDITIVE ALTERNATE III (PART H)(404,492.00)$ $0.00 SUBTOTAL PART H - ADDITIVE ALTERNATE III - W GA APRON SILICONE SEALANT (H1 THRU H3) SUBTOTAL PART G - ADDITIVE ALTERNATE II - W PERIMETER RD REHAB - PCC (G1 THRU G12) Part H- ADDITIVE ALTERNATE NO. III - WEST GA APRON - SILICONE SEALANT Page 6 of 6 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A CONTRACT NO. 3084 PROJECT SPECIFICATIONS AND DRAWINGS available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No. 20-0865 CCIA Term Apron and East GA Apron 00 52 23 - 1 Rev 7/2020 Agreement Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A, AIP No 3-48-0051-053-2020 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Head, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A ARTICLE 2 – DESIGNER AND OWNER’S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Garver 3755 S. Capital of Texas Highway, Suite #325 Austin, TX 78404 DWMayo@GarverUSA.com 2.02 The Owner’s Authorized Representative for this Project is: Brett Van Hazel, PMP – Asst. Director of Construction City of Corpus Christi – Engineering Services 4917 Holly Rd., Bldg #5 Corpus Christi, TX 78411 ARTICLE 3 – CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 300 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 330 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. DocuSign Envelope ID: 5986224E-5C2F-45B3-984D-8A2CEF3AABB8 00 52 23 - 2 Rev 7/2020 Agreement Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A, AIP No 3-48-0051-053-2020 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1700.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $1700.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 – CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Price Base Bid + Additive Alternates 1, & 2 $ 11,201,609.96 ARTICLE 5 – PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. DocuSign Envelope ID: 5986224E-5C2F-45B3-984D-8A2CEF3AABB8 00 52 23 - 3 Rev 7/2020 Agreement Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A, AIP No 3-48-0051-053-2020 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. For FAA funded projects, the retainage is 10 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner’s option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner’s option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR’s estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 – INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. DocuSign Envelope ID: 5986224E-5C2F-45B3-984D-8A2CEF3AABB8 00 52 23 - 4 Rev 7/2020 Agreement Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A, AIP No 3-48-0051-053-2020 B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor’s safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. DocuSign Envelope ID: 5986224E-5C2F-45B3-984D-8A2CEF3AABB8 00 52 23 - 5 Rev 7/2020 Agreement Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A, AIP No 3-48-0051-053-2020 J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER’S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 – ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor’s fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor’s Bid Form. b. List as necessary. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor’s response, which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award, which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. DocuSign Envelope ID: 5986224E-5C2F-45B3-984D-8A2CEF3AABB8 00 52 23 - 6 Rev 7/2020 Agreement Rehabilitate Terminal Apron Phase IV & Rehabilitate East GA Apron Phase V Project Nos. 20260A & 20261A, AIP No 3-48-0051-053-2020 ARTICLE 10 – CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff __________________________ AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL ___________________________ Assistant City Attorney ATTEST (IF CORPORATION) CONTRACTOR Head, Inc. (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: 4477 E. Fifth Ave. Address Columbus, OH 43210 City State Zip 614/338-8501 Phone Fax PAUL@HEADINC.COM EMail END OF SECTION DocuSign Envelope ID: 5986224E-5C2F-45B3-984D-8A2CEF3AABB8 9/22/2020 Vice President 00 30 01 BID FORM Project Name: RFB 3084 Rehabilitate Terminal Apron Phase IV and EGA Apron Phase V Project Number: 20260A and 20261A Owner: City of Corpus Christi OAR: Desil�ner: Garver By its signature below, Bidder accepts all of the terms and conditions of the Bid Acknowledgement, acknowledges receipt of all Addenda to the Bid and agrees, if this Bid is accepted, to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. B.iddec �-� Signature: _ Name: e8l!I 8 Q�DEB8 Title: '.ILICE eBESIOrnI Attest �� State of Resi�ency, 0 Federal Tx ID No. 31-1117053Address for Notices: 4477 E. FIFTH AVENUE COLUMBUS, OH 43219 Phone: 614-338-8501 Email: PAUL®HEADINC.COM (full legal name of Bidder) (signature of person with authority to bind the Bidder) (printed name of person signing Bid Form) (title of person signing Bid Form) (signature) CIVIL DESIGN ELECTRICAL DESIGN ..,.��,, I:.� � •••..•••..• ��4 ,, Bid Form CCIA Rehabilitate Terminal Apron Phase IV and East GA Apron Phase V Project No. 20260A and 20261A: AIP No. 3-48-0051-053-2020 Digitally Signed 06/12/2020 ,,I' s.... ·· .. J' --'- . . · ...Jb, ··. I& l•l � \*'ti (t!.:j.A0ME"s° .. it'''sc0HMiT;,t.., .............................................. , \ \.. 12so73 ./ J ··�· -�;n�.,�it£��§ \? •.. ·• � �� Digitally Signed 06/12/2020 00 30 01 -Page 1 of 6 Rev 8/2019 BID TOTALS BASE BID Total PART A - GENERAL $605,630.87 Part B - BASE BID - TERMINAL APRON $2,541,196.75 Part C - BASE BID - EAST GA APRON $5,958,312.46 Part D - BASE BID - GATE 9G DRIVEWAY RECONSTRUCTION $232,110.45 Part E - BASE BID - WEST PERIMETER ROAD REHABILITATION - HMAC $348,712.38 Total $9,685,962.91 ADDITIVE ALTERNATE 1 Total PART F - ADDITIVE ALTERNATE I - WEST GA APRON $1,335,950.50 Total $1,335,950.50 ADDITIVE ALTERNATE 2 Total PART G - ADDITIVE ALTERNATE II - WEST PERIMETER ROAD REHABILITATION - PCC $179,696.55 Total $179,696.55 ADDITIVE ALTERNATE 3 Total PART H - ADDITIVE ALTERNATE III- WGA APRON (SILICONE JOINTS)($404,492.00) Total ($404,492.00) PART A - GENERAL No.Description Unit Qty Unit Price Ext Price A1 01 29 01 MOBILIZATION (MAX. 5%)L.S.1 $474,337.88 $474,337.88 A2 01 29 01 BONDS AND INSURANCE AL 1 $129,975.99 $129,975.99 A3 01 57 00 OZONE ADVISORY DAYS DAY 2 $658.50 $1,317.00 Sub Total:$605,630.87 Part B - BASE BID - TERMINAL APRON No.Description Unit Qty Unit Price Ext Price CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM B1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $433,392.92 $433,392.92 B2 SS-130-4.1 TRENCH AND EXCAVATION SAFETY SYSTEMS L.S.1 $658.50 $658.50 B3 SS-300-5.1a LOCKOUT/TAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES (TERMINAL APRON) L.S.1 $5,252.80 $5,252.80 B4 SS-301-5.1 EXISTING BASE MOUNTED EDGE LIGHT, REMOVED EACH 10 $397.09 $3,970.90 B5 SS-310-5.1a TEMPORARY AIRFIELD LIGHTING (TERMINAL APRON) L.S.1 $10,441.56 $10,441.56 B6 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $36,082.61 $36,082.61 B7 D-701-5.1 11-INCH X 18-INCH ARCH RCP (CLASS III), INSTALLED LF 140 $210.78 $29,509.20 B8 D-705-5.1a 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED LF 650 $35.59 $23,133.50 B9 D-705-5.1b 4 INCH NONPERFORATED OUTFALL PIPE, INSTALLED LF 350 $14.34 $5,019.00 B10 D-705-5.1c 8 INCH NONPERFORATED OUTFALL PIPE, INSTALLED LF 450 $18.35 $8,257.50 B11 D-705-5.2 UNDERDRAIN CLEANOUT EACH 6 $1,521.20 $9,127.20 B12 D-705-5.3 SAFETY END TREATMENT EACH 2 $1,295.34 $2,590.68 B13 D-751-5.1 PRECAST CONCRETE 48-INCH ROUND MANHOLE WITH RIM AND LID, INSTALLED EACH 1 $5,559.76 $5,559.76 B14 D-751-5.2 PRECAST CONCRETE 48-INCH ROUND CATCH BASIN WITH RIM AND GRATE, INSTALLED EACH 1 $4,612.92 $4,612.92 B15 P-101-5.1 PAVEMENT REMOVAL, ASPHALT (~23") S.Y.8520 $19.01 $161,965.20 B16 P-101-5.4 PAVEMENT REMOVAL, CONCRETE (15") S.Y.90 $38.18 $3,436.20 B17 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.100 $141.02 $14,102.00 B18 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.440 $95.83 $42,165.20 B19 P-152-4.2 UNSUITABLE EXCAVATION C.Y.110 $59.37 $6,530.70 CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM B20 P-304-8.1 CEMENT-TREATED BASE COURSE (10") S.Y.9090 $46.43 $422,048.70 B21 P-501-8.1 PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT) S.Y.8990 $136.49 $1,227,045.10 B22 P-620-5.1a PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA S.F.1200 $2.29 $2,748.00 B23 P-620-5.1b PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA S.F.2670 $3.52 $9,398.40 B24 P-620-5.1d TEMPORARY PAVEMENT MARKINGS (YELLOW) WITHOUT REFLECTIVE MEDIA S.F.600 $2.40 $1,440.00 B25 P-620-5.2 PAVEMENT MARKING REMOVAL S.F.560 $5.27 $2,951.20 B26 T-901-5.1 SEEDING S.Y.2350 $5.38 $12,643.00 B27 T-904-5.1 SODDING S.Y.470 $15.33 $7,205.10 B28 L-108-5.1 NO. 8 AWG, 5 kV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT L.F.1250 $3.34 $4,175.00 B29 L-108-5.2 NO. 6 AWG, SOLID, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS L.F.600 $3.48 $2,088.00 B30 L-110-5.2 NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY 2"C L.F.600 $25.06 $15,036.00 B31 L-125-5.1 L-861T(L) BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED EACH 10 $2,860.99 $28,609.90 Sub Total:$2,541,196.75 Part C - BASE BID - EAST GA APRON No.Description Unit Qty Unit Price Ext Price C1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $731,266.51 $731,266.51 C2 SS-130-4.1 TRENCH AND EXCAVATION SAFETY SYSTEMS L.S.1 $658.50 $658.50 C3 SS-262-5.1 TIEDOWN ANCHOR EACH 36 $176.99 $6,371.64 CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM C4 SS-300-5.1b LOCKOUT/TAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES (EAST GA APRON) L.S.1 $6,303.93 $6,303.93 C5 SS-301-5.1 EXISTING BASE MOUNTED EDGE LIGHT, REMOVED EACH 8 $397.04 $3,176.32 C6 SS-310-5.1b TEMPORARY AIRFIELD LIGHTING (EAST GA APRON) L.S.1 $10,441.56 $10,441.56 C7 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $11,445.94 $11,445.94 C8 D-705-5.1a 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED LF 400 $26.06 $10,424.00 C9 D-705-5.1b 4 INCH NONPERFORATED OUTFALL PIPE, INSTALLED LF 180 $15.70 $2,826.00 C10 D-705-5.2 UNDERDRAIN CLEANOUT EACH 5 $1,484.10 $7,420.50 C11 D-705-5.3 SAFETY END TREATMENT EACH 2 $1,295.34 $2,590.68 C12 P-101-5.2 PAVEMENT REMOVAL, ASPHALT (~12") S.Y.20600 $10.56 $217,536.00 C13 P-101-5.4 PAVEMENT REMOVAL, CONCRETE (15") S.Y.242 $37.05 $8,966.10 C14 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.100 $141.02 $14,102.00 C15 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.6750 $35.51 $239,692.50 C16 P-152-4.2 UNSUITABLE EXCAVATION C.Y.1690 $47.95 $81,035.50 C17 P-155-8.1 LIME-TREATED SUBGRADE (12") S.Y.21430 $14.08 $301,734.40 C18 P-155-8.2 LIME TON 650 $439.96 $285,974.00 C19 P-304-8.1 CEMENT-TREATED BASE COURSE (10") S.Y.21130 $47.47 $1,003,041.10 C20 P-501-8.1 PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT) S.Y.20980 $139.66 $2,930,066.80 C21 P-620-5.1a PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA S.F.850 $1.37 $1,164.50 C22 P-620-5.1b PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA S.F.1430 $2.62 $3,746.60 C23 P-620-5.2 PAVEMENT MARKING REMOVAL S.F.310 $5.27 $1,633.70 CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM C24 T-901-5.1 SEEDING S.Y.1560 $5.38 $8,392.80 C25 T-904-5.1 SODDING S.Y.800 $10.60 $8,480.00 C26 L-108-5.1 NO. 8 AWG, 5 kV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT L.F.1650 $3.34 $5,511.00 C27 L-108-5.2 NO. 6 AWG, SOLID, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS L.F.700 $3.48 $2,436.00 C28 L-110-5.2 NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY 2"C L.F.700 $25.06 $17,542.00 C29 L-125-5.1 L-861T(L) BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED EACH 12 $2,860.99 $34,331.88 Sub Total:$5,958,312.46 Part D - BASE BID - GATE 9G DRIVEWAY RECONSTRUCTION No.Description Unit Qty Unit Price Ext Price D1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $9,142.51 $9,142.51 D2 SS-300-5.1c LOCKOUT/TAGOUT (GATE 9G) L.S.1 $3,153.35 $3,153.35 D3 SS-300-5.2 ARCHITECTURAL SINGLE LIGHT FIXTURE AND ACCESSORIES, INSTALLED EACH 1 $1,399.17 $1,399.17 D4 SS-300-5.3 ARCHITECTURAL SINGLE LIGHT FIXTURE, MAST ARM, AND ACCESSORIES, INSTALLED EACH 1 $1,531.43 $1,531.43 D5 SS-301-5.2 EXISTING GATE 9G EQUIPMENT, REMOVED L.S.1 $14,309.21 $14,309.21 D6 SS-301-5.3 EXISTING AREA LIGHT, REMOVED EACH 1 $633.45 $633.45 D7 SS-350-5.1 GATE 9G EQUIPMENT, INSTALLED L.S.1 $20,513.57 $20,513.57 D8 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $1,158.96 $1,158.96 D9 F-162-5.1 EXISTING CHAIN-LINK FENCE WITH BARBED WIRE INSTALLED ON NEW FENCE HARDWARE, FURNISH AND L.F.180 $136.96 $24,652.80 CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM INSTALL PVC FENCE SLATS (BLACK) D10 F-162-5.2 EXISTING CHAIN-LINK FENCE WITH BARBED WIRE, REMOVED, STORED AND SALVAGE, EXISTING FENCE MATERIAL AND CONCRETE REMOVED AND DISPOSED L.F.180 $42.93 $7,727.40 D11 P-101-5.3 PAVEMENT REMOVAL, ASPHALT (4") S.Y.575 $5.16 $2,967.00 D12 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.310 $43.02 $13,336.20 D13 P-152-4.2 UNSUITABLE EXCAVATION C.Y.80 $62.47 $4,997.60 D14 P-304-8.2 CEMENT-TREATED BASE COURSE (15") S.Y.610 $80.20 $48,922.00 D15 P-501-8.2 PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT) S.Y.600 $123.49 $74,094.00 D16 L-108-5.3 NO. 8 AWG STRANDED, 600V RATED, TYPE THHN/THWN-2 CABLE, INSTALLED IN DUCT BANK OR CONDUIT L.F.320 $2.65 $848.00 D17 L-108-5.4 NO. 12 AWG STRANDED, 600V RATED, TYPE THHN/THWN-2 GREEN INSULATED EQUIPMENT GROUND, INSTALLED IN DUCT BANK OR CONDUIT L.F.160 $2.23 $356.80 D18 L-110-5.1 NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY 1"C L.F.100 $23.67 $2,367.00 Sub Total:$232,110.45 Part E - BASE BID - WEST PERIMETER ROAD REHABILITATION - HMAC No.Description Unit Qty Unit Price Ext Price E1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $101,390.52 $101,390.52 E2 SS-243-4.1 STOP SIGN, INSTALLED EACH 2 $1,078.27 $2,156.54 E3 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $1,791.12 $1,791.12 E4 P-101-5.3 PAVEMENT REMOVAL, ASPHALT (4") S.Y.100 $18.07 $1,807.00 E5 P-101-5.5 ASPHALT PAVEMENT CRACK REPAIR (<1.5" WIDTH) L.F.900 $7.86 $7,074.00 E6 P-101-5.6 ASPHALT PAVEMENT CRACK REPAIR (>1.5" WIDTH) L.F.300 $44.13 $13,239.00 CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM E7 P-101-5.7 ASPHALT EDGE REPAIR L.F.1300 $49.99 $64,987.00 E8 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.200 $143.58 $28,716.00 E9 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.50 $104.29 $5,214.50 E10 P-152-4.2 UNSUITABLE EXCAVATION C.Y.20 $92.31 $1,846.20 E11 P-304-8.2 CEMENT-TREATED BASE COURSE (15") S.Y.100 $119.44 $11,944.00 E12 P-501-8.2 PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT) S.Y.100 $189.29 $18,929.00 E13 P-620-5.1c PAVEMENT MARKINGS (WHITE) WITHOUT REFLECTIVE MEDIA S.F.75 $9.58 $718.50 E14 TX-340-6.1 DENSE-GRADED HOT-MIX ASPHALT PAVEMENT (TYPE D) TON 300 $296.33 $88,899.00 Sub Total:$348,712.38 PART F - ADDITIVE ALTERNATE I - WEST GA APRON No.Description Unit Qty Unit Price Ext Price F1 P-101-5.9 CONCRETE SPALL REPAIR S.F.2500 $99.99 $249,975.00 F2 P-101-5.10 CONCRETE CRACK REPAIR L.F.5000 $7.03 $35,150.00 F3 P-101-5.11 FULL DEPTH CONCRETE PAVEMENT REPAIR S.Y.350 $697.01 $243,953.50 F4 P-101-5.12 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS ≤ 1" (COMPRESSION JOINT SEALANT) L.F.55200 $7.91 $436,632.00 F5 P-101-5.13 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS >1" (COMPRESSION JOINT SEALANT) L.F.13000 $28.48 $370,240.00 Sub Total:$1,335,950.50 PART G - ADDITIVE ALTERNATE II - WEST PERIMETER ROAD REHABILITATION - PCC No.Description Unit Qty Unit Price Ext Price G1 SS-120-3.1 CONSTRUCTION SAFETY AND SECURITY L.S.1 $389.73 $389.73 CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM G2 C-102-5.1 TEMPORARY EROSION CONTROL L.S.1 $1,791.12 $1,791.12 G3 P-101-5.3 PAVEMENT REMOVAL, ASPHALT (4") S.Y.1615 $4.42 $7,138.30 G4 P-101-5.5 ASPHALT PAVEMENT CRACK REPAIR (<1.5" WIDTH) L.F.-900 $7.86 ($7,074.00) G5 P-101-5.6 ASPHALT PAVEMENT CRACK REPAIR (>1.5" WIDTH) L.F.-300 $44.13 ($13,239.00) G6 P-101-5.7 ASPHALT EDGE REPAIR L.F.-1300 $49.99 ($64,987.00) G7 P-101-5.8 ASPHALT PAVEMENT REPAIR S.Y.-200 $143.58 ($28,716.00) G8 P-152-4.1 UNCLASSIFIED EXCAVATION C.Y.880 $30.33 $26,690.40 G9 P-152-4.2 UNSUITABLE EXCAVATION C.Y.240 $104.84 $25,161.60 G10 P-304-8.2 CEMENT-TREATED BASE COURSE (15") S.Y.1920 $69.01 $132,499.20 G11 P-501-8.2 PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT) S.Y.1660 $113.82 $188,941.20 G12 TX-340-6.1 DENSE-GRADED HOT-MIX ASPHALT PAVEMENT (TYPE D) TON -300 $296.33 ($88,899.00) Sub Total:$179,696.55 PART H - ADDITIVE ALTERNATE III- WGA APRON (SILICONE JOINTS) No.Description Unit Qty Unit Price Ext Price H1 P-101-5.14 SILICONE JOINT SEALANT REPLACEMENT PER ITEM P-605 L.F.68200 $5.90 $402,380.00 H2 P-101-5.12 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS ≤ 1" (COMPRESSION JOINT SEALANT) L.F.-55200 $7.91 ($436,632.00) H3 P-101-5.13 CONCRETE JOINT SEALANT REPLACEMENT FOR FINISHED WIDTHS >1" (COMPRESSION JOINT SEALANT) L.F.-13000 $28.48 ($370,240.00) Sub Total:($404,492.00) CIVCAST RFB 3084 Corpus Christi International Airport Rehab Terminal Apron Ph IV & ...Report Created On: 6/24/2020 2:25:56 PM